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Alienation Of Affections
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections. The tort of alienation of affections often overlaps with another "heart balm" tort: criminal conversation. Alienation of affections has most in common with the tort of tortious interference, where a third party can be held liable for interfering with the contractual relationship between two parties. Legal requirements An action for alienation of affection does not require proof of extramarital sex. An alienation claim is difficult to establish because it comprises several elements and t ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants wi ...
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Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ...
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Bev Perdue
Beverly Eaves Perdue (born Beverly Marlene Moore; January 14, 1947) is an American businesswoman, politician, and member of the Democratic Party who served as the 73rd governor of North Carolina from 2009 to 2013. She was the first female governor of North Carolina. Perdue started her political career in the 1980s, serving in the North Carolina House of Representatives. She then served five terms in the North Carolina Senate, before she was elected as the 32nd Lieutenant Governor of North Carolina. Perdue was elected to the office of Governor of North Carolina in 2008 against Charlotte Mayor Pat McCrory by a 50–46 margin. On January 26, 2012, facing sinking approval ratings, Perdue announced that she would not seek reelection in the 2012 gubernatorial election. She left office in January 2013. Early life and education Beverly Marlene MooreTeague Beckwith, Ryan; Jones, Denise (2007-03-26)Beverly Perdue. ''The News & Observer''. Retrieved on 2008-11-05. was born in 1947 in ...
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North Carolina General Assembly
The North Carolina General Assembly is the bicameral legislature of the State government of North Carolina. The legislature consists of two chambers: the Senate and the House of Representatives. The General Assembly meets in the North Carolina Legislative Building in Raleigh, North Carolina, United States. The General Assembly drafts and legislates the state laws of North Carolina, also known as the ''General Statutes''. The General Assembly is a bicameral legislature, consisting of the North Carolina House of Representatives (formerly called the North Carolina House of Commons until 1868) and the North Carolina Senate. Since 1868, the House has had 120 members, while the Senate has had 50 members. There are no term limits for either chamber. History Colonial period The North Carolina legislature traces its roots to the first assembly for the "County of Albemarle", which was convened in 1665 by Governor William Drummond. Albemarle County was the portion of the British ...
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North Carolina Court Of Appeals
The North Carolina Court of Appeals (in case citation, N.C. Ct. App.) is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was created by the North Carolina General Assembly in 1967 after voters approved a constitutional amendment in 1965 which "authorized the creation of an intermediate court of appeals to relieve pressure on the North Carolina Supreme Court." Judges serve eight-year terms and are elected in statewide elections. The General Assembly made Court of Appeals elections non-partisan starting with the 2004 elections, but later made them partisan again after the 2016 elections. Current judges There are currently 11 Republicans and 4 Democrats. Notes: Former judges A partial list of former judges is listed below:,Older Link for N.C. Supreme Court Historical Society * Lucy Inman * Darren Jackson * Christopher Brook * Wanda Bryant * Linda McGee * Reuben Y ...
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New Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe. The court's five justices are chosen by statewide election, or appointed by the governor if to fill a seat that has become vacant mid-term; the justices in turn choose who among them will serve as chief justice. The second time they face popular election, they must first pass review by a judicial standards committee, and then face a retention election in which they must receive at least 57% of the vote. History New Mexico Territorial Supreme Court In 1846, what is now New Mexico was seized by the U ...
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Mississippi Supreme Court
The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in the first constitution of the state following its admission as a State of the Union in 1817 and was known as the High Court of Errors and Appeals. The court is an appellate court, as opposed to a trial court. The Court Building is located in downtown Jackson, Mississippi, the state capital. History The constitution of 1832 provided for a "High Court of Errors and Appeals," to consist of three judges to be elected, one from each of the three districts into which the legislature should divide the State. Section 3 reads: "The office of one of said judges shall be vacated in two years, and of one in four years, and of one in six years; so that at the expiration of every two years, one of said judges shall be elected as aforesaid." The title of the tribunal was changed by the constitution of 1869 to the "Supreme Court of Mississippi" and the judges were appointed by the govern ...
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Heart Balm
In the common law tradition, a heartbalm tort or heartbalm action is a civil action that a person may bring to seek monetary compensation for the end or disruption of a romantic or marital relationship. A heartbalm statute is a statute forbidding such actions. Heartbalm actions in the United States typically include seduction, criminal conversation, alienation of affection, and breach of promise to marry. Of these, criminal conversation and alienation of affection are marital torts, originally restricted to husbands but in many states later made available to spouses regardless of gender. Seduction and breach of promise are nonmarital torts. In England and other common law jurisdictions, additional heartbalm actions were traditionally recognized, such as enticement and wrongful harbouring (tortious refusal to allow a husband to visit a wife who has left him). A claim for damages based on loss of consortium is also sometimes considered a heartbalm action in England and elsewhere ...
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Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. A large part of its eastern boundary is demarcated by the Mississippi River. Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). The state's capital is Baton Rouge, and its largest city is New Orleans, with a population of roughly 383,000 people. Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by a mixture of 18th century Louisiana French, Dominican Creole, Spanish, French Canadia ...
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