§ 20-39 Administering and enforcing laws; rules and regulations; agents, etc.; seal; fees
§ 20-39.1 Publicly owned vehicles to be marked; private license plates on publicly owned vehicles
§ 20-40 Offices of Division
§ 20-41 Commissioner to provide forms required
§ 20-42 Authority to administer oaths and certify copies of records
§ 20-43 Records of Division
§ 20-43.1 Disclosure of personal information in motor vehicle records
§ 20-43.2 Internet access to organ donation records by organ procurement organizations
§ 20-43.3 Authorization for the collection of data to enforce the Federal Motor Carrier Safety Administration’s Performance and Registration Information Systems Management (PRISM) program
§ 20-43.4 Current list of licensed drivers to be provided to jury commissions
§ 20-44 Authority to grant or refuse applications
§ 20-45 Seizure of documents and plates
§ 20-47 Division may summon witnesses and take testimony
§ 20-48 Giving of notice
§ 20-49 Police authority of Division
§ 20-49.1 Supplemental police authority of Division officers
§ 20-49.2 Supplemental authority of State Highway Patrol Motor Carrier Enforcement officers
§ 20-49.3 Bureau of License and Theft; custody of seized vehicles
§ 20-50 Owner to secure registration and certificate of title; temporary registration markers
§ 20-50.4 Division to refuse to register vehicles on which county and municipal taxes and fees are not paid and when there is a failure to meet court-ordered child support obligations
§ 20-51 Exempt from registration
§ 20-52 Application for registration and certificate of title
§ 20-52.1 Manufacturer’s certificate of transfer of new motor vehicle
§ 20-52.2 Unregisterable certificate of title
§ 20-53 Application for specially constructed, reconstructed, or foreign vehicle
§ 20-53.1 Specially constructed vehicle certificate of title and registration
§ 20-53.3 Appeal of specially constructed vehicle classification determination to Vehicle Classification Review Committee
§ 20-53.4 Registration of mopeds; certificate of title
§ 20-53.5 Titling and registration of HMMWV
§ 20-54 Authority for refusing registration or certificate of title
§ 20-54.1 Forfeiture of right of registration
§ 20-55 Examination of registration records and index of seized, stolen, and recovered vehicles
§ 20-56 Registration indexes
§ 20-57 Division to issue certificate of title and registration card
§ 20-58 Perfection by indication of security interest on certificate of title
§ 20-58.1 Duty of the Division upon receipt of application for notation of security interest
§ 20-58.2 Date of perfection
§ 20-58.3 Notation of assignment of security interest on certificate of title
§ 20-58.3A Automatic expiration of security interest in manufactured home; renewal of security interests in manufactured homes
§ 20-58.4 Release of security interest
§ 20-58.4A Electronic lien system
§ 20-58.5 Duration of security interest in favor of corporations which dissolve or become inactive
§ 20-58.6 Duty of secured party to disclose information
§ 20-58.7 Cancellation of certificate
§ 20-58.8 Applicability of §§ 20-58 to 20-58.8; use of term “lien”
§ 20-58.10 Effective date of §§ 20-58 to 20-58.9
§ 20-59 Unlawful for lienor who holds certificate of title not to surrender same when lien satisfied
§ 20-60 Owner after transfer not liable for negligent operation
§ 20-61 Owner dismantling or wrecking vehicle to return evidence of registration
§ 20-62.1 Purchase of vehicles for purposes of scrap or parts only
§ 20-63 Registration plates furnished by Division; requirements; replacement of regular plates with First in Flight plates, First in Freedom plates, or National/State Mottos plates; surrender and reissuance; displaying; preservation and cleaning; alteration or c
§ 20-63.01 Bonds required for commission contractors
§ 20-63.02 Advisory committee of commission contractors
§ 20-63.1 Division shall cause plates to be reflectorized
§ 20-64 Transfer of registration plates to another vehicle
§ 20-66 Renewal of vehicle registration
§ 20-67 Notice of change of address or name
§ 20-68 Replacement of lost or damaged certificates, cards and plates
§ 20-69 Division authorized to assign new engine number
§ 20-70 Division to be notified when another engine is installed or body changed
§ 20-71 Altering or forging certificate of title, registration card or application, a felony; reproducing or possessing blank certificate of title
§ 20-71.1 Registration evidence of ownership; ownership evidence of defendant’s responsibility for conduct of operation
§ 20-71.2 Declaration of purpose
§ 20-71.3 Salvage and other vehicles – titles and registration cards to be branded
§ 20-71.4 Failure to disclose damage to a vehicle shall be a misdemeanor
§ 20-72 Transfer by owner
§ 20-72.1 Transfer by owner when a certificate of title is unavailable; consumer remedies
§ 20-73 New owner must get new certificate of title
§ 20-74 Penalty for making false statement about transfer of vehicle
§ 20-75 When transferee is a charitable organization, dealer, or insurance company
§ 20-75.1 Conditional delivery of motor vehicles
§ 20-76 Title lost or unlawfully detained; bond as condition to issuance of new certificate
§ 20-77 Transfer by operation of law; sale under mechanic’s or storage lien; unclaimed vehicles
§ 20-78 When Division to transfer registration and issue new certificate; recordation
§ 20-78.1 Terminal rental adjustment clauses; vehicle leases that are not sales or security interests
§ 20-79 Dealer license plates
§ 20-79.01 Special sports event temporary license plates
§ 20-79.02 Loaner/Dealer “LD” license plate for franchised dealer loaner vehicles
§ 20-79.1 Use of temporary registration plates or markers by purchasers of motor vehicles in lieu of dealers’ plates
§ 20-79.1A Limited registration plates
§ 20-79.2 Transporter plates
§ 20-79.3A Requirements to establish a special registration plate
§ 20-79.4 Special registration plates
§ 20-79.5 Special registration plates for elected and appointed State government officials
§ 20-79.6 Special registration plates for members of the judiciary
§ 20-79.7 Fees for special registration plates and distribution of the fees
§ 20-79.8 Expiration of special registration plate authorization
§ 20-81.12 Collegiate insignia plates and certain other special plates
§ 20-83 Registration by nonresidents
§ 20-84 Permanent registration plates; State Highway Patrol
§ 20-84.2 Definition; reciprocity; Commissioner’s powers
§ 20-85 Schedule of fees
§ 20-85.1 Registration by mail; one-day title service; fees
§ 20-86 Penalty for engaging in a “for-hire” business without proper license plates
§ 20-86.1 International Registration Plan
§ 20-87 Passenger vehicle registration fees
§ 20-87.1 Interchange of passenger buses with nonresident common carriers of passengers
§ 20-88 Property-hauling vehicles
§ 20-88.01 Revocation of registration for failure to register for or comply with road tax or pay civil penalty for buying or selling non-tax-paid fuel
§ 20-88.02 Registration of logging vehicles
§ 20-88.03 Late fee; motor vehicle registration
§ 20-88.1 Driver education
§ 20-91 Audit of vehicle registrations under the International Registration Plan
§ 20-94 Partial payments
§ 20-95 Prorated fee for license plate issued for other than a year
§ 20-96 Detaining property-hauling vehicles or vehicles regulated by the Motor Carrier Safety Regulation Unit until fines or penalties and taxes are collected
§ 20-97 Taxes credited to Highway Fund; municipal vehicle taxes
§ 20-100 Vehicles junked or destroyed by fire or collision
§ 20-101 Certain business vehicles to be marked
§ 20-101.1 Conspicuous disclosure of dealer administrative fees
§ 20-101.2 Conspicuous disclosure of dealer finance yield charges
§ 20-101.3 Conspicuous disclosure of dealer shop and other service-related fees
§ 20-102 Report of stolen and recovered motor vehicles
§ 20-102.1 False report of theft or conversion a misdemeanor
§ 20-102.2 Report of failure to return hired motor vehicles
§ 20-103 Reports by owners of stolen and recovered vehicles
§ 20-104 Action by Division on report of stolen or embezzled vehicles
§ 20-106.1 Fraud in connection with rental of motor vehicles
§ 20-106.2 Sublease and loan assumption arranging regulated
§ 20-108 Vehicles or component parts of vehicles without manufacturer’s numbers
§ 20-109 Altering or changing engine or other numbers
§ 20-109.1 Surrender of titles to salvage vehicles
§ 20-109.1A Application for unregisterable certificate of title
§ 20-109.2 Surrender of title to manufactured home
§ 20-109.3 Disposition of vehicles abandoned by charitable organizations
§ 20-110 When registration shall be rescinded
§ 20-111 Violation of registration provisions
§ 20-112 Making false affidavit perjury
§ 20-114 Duty of officers; manner of enforcement
§ 20-114.1 Willful failure to obey law-enforcement or traffic-control officer; firemen as traffic-control officers; appointment, etc., of traffic-control officers
§ 20-115 Scope and effect of regulations in this Part
§ 20-115.1 Limitations on tandem trailers and semitrailers on certain North Carolina highways
§ 20-116 Size of vehicles and loads
§ 20-117 Flag or light at end of load
§ 20-117.1 Requirements for mirrors and fuel container
§ 20-118 Weight of vehicles and load
§ 20-118.1 Officers may weigh vehicles and require overloads to be removed
§ 20-118.2 Authority to fix higher weight limitations at reduced speeds for certain vehicles
§ 20-118.3 Vehicle or combination of vehicles operated without registration plate subject to civil penalty
§ 20-118.4 Firefighting equipment exempt from size and weight restrictions while transporting or moving heavy equipment for emergency response and preparedness and fire prevention; permits
§ 20-119 Special permits for vehicles of excessive size or weight; fees
§ 20-119.1 Use of excess overweight and oversize fees
§ 20-120 Operation of flat trucks on State highways regulated; trucks hauling leaf tobacco in barrels or hogsheads
§ 20-121 When authorities may restrict right to use highways
§ 20-121.1 Operation of a low-speed vehicle, mini-truck, or modified utility vehicle on certain roadways
§ 20-121.2 Operation of a neighborhood occupantless vehicle on certain roadways; regulations; equipment requirements
§ 20-122 Restrictions as to tire equipment
§ 20-122.1 Motor vehicles to be equipped with safe tires
§ 20-123 Trailers and towed vehicles
§ 20-123.1 Steering mechanism
§ 20-123.2 Speedometer
§ 20-124 Brakes
§ 20-125 Horns and warning devices
§ 20-125.1 Directional signals
§ 20-126 Mirrors
§ 20-127 Windows and windshield wipers
§ 20-128 Exhaust system and emissions control devices
§ 20-128.1 Control of visible emissions
§ 20-128.2 Motor vehicle emission standards
§ 20-129 Required lighting equipment of vehicles
§ 20-129.1 Additional lighting equipment required on certain vehicles
§ 20-129.2 Lighting equipment for mobile homes
§ 20-130 Additional permissible light on vehicle
§ 20-130.1 Use of red or blue lights on vehicles prohibited; exceptions
§ 20-130.2 Use of amber lights on certain vehicles; limited use
§ 20-130.3 Use of white or clear lights on rear of vehicles prohibited; exceptions
§ 20-131 Requirements as to headlamps and auxiliary driving lamps
§ 20-132 Acetylene lights
§ 20-133 Enforcement of provisions
§ 20-134 Lights on parked vehicles
§ 20-135 Safety glass
§ 20-135.2 Safety belts and anchorages
§ 20-135.2A (See Editor’s note) Seat belt use mandatory
§ 20-135.2B Transporting children under 16 years of age in open bed or open cargo area of a vehicle prohibited; exceptions
§ 20-135.3 Seat belt anchorages for rear seats of motor vehicles
§ 20-135.4 Certain automobile safety standards
§ 20-136 Smoke screens
§ 20-136.1 Location of television, computer, or video players, monitors, and screens
§ 20-136.2 Counterfeit supplemental restraint system components and nonfunctional airbags
§ 20-137.1 Child restraint systems required
§ 20-137.2 Operation of vehicles resembling law-enforcement vehicles unlawful; punishment
§ 20-137.3 Unlawful use of a mobile phone by persons under 18 years of age
§ 20-137.4 Unlawful use of a mobile phone
§ 20-137.4A Unlawful use of mobile telephone for text messaging or electronic mail
§ 20-137.5 Child passenger safety technician; limitation of liability
§ 20-137.6 Declaration of purpose
§ 20-137.7 Definitions of words and phrases
§ 20-137.8 Secretary may adopt rules and regulations
§ 20-137.9 Removal from private property
§ 20-137.10 Abandoned and derelict vehicles to be tagged; determination of value
§ 20-137.11 Title to vest in State
§ 20-137.12 Secretary may contract for disposal
§ 20-137.13 No liability for removal
§ 20-137.14 Enclosed, antique, registered and certain other vehicles exempt
§ 20-138.1 Impaired driving
§ 20-138.2 Impaired driving in commercial vehicle
§ 20-138.2A Operating a commercial vehicle after consuming alcohol
§ 20-138.2B Operating a school bus, school activity bus, child care vehicle, ambulance, other EMS vehicle, firefighting vehicle, or law enforcement vehicle after consuming alcohol
§ 20-138.2C Possession of alcoholic beverages while operating a commercial motor vehicle
§ 20-138.3 Driving by person less than 21 years old after consuming alcohol or drugs
§ 20-138.4 Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case
§ 20-138.5 Habitual impaired driving
§ 20-138.7 Transporting an open container of alcoholic beverage
§ 20-139.1 Procedures governing chemical analyses; admissibility; evidentiary provisions; controlled-drinking programs
§ 20-140 Reckless driving
§ 20-140.2 Overloaded or overcrowded vehicle
§ 20-140.3 Unlawful use of National System of Interstate and Defense Highways and other controlled-access highways
§ 20-140.4 Special provisions for motorcycles and mopeds
§ 20-140.5 Special mobile equipment may tow certain vehicles
§ 20-141 Speed restrictions
§ 20-141.1 Speed limits in school zones
§ 20-141.2 Prima facie rule of evidence as to operation of motor vehicle altered so as to increase potential speed
§ 20-141.3 Unlawful racing on streets and highways
§ 20-141.4 Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle
§ 20-141.5 Speeding to elude arrest; seizure and sale of vehicles
§ 20-141.6 Aggressive Driving
§ 20-141.10 Street takeover
§ 20-142.1 Obedience to railroad signal
§ 20-142.2 Vehicles stop at certain grade crossing
§ 20-142.3 Certain vehicles must stop at railroad grade crossing
§ 20-142.4 Moving heavy equipment at railroad grade crossing
§ 20-142.5 Stop when traffic obstructed
§ 20-144 Special speed limitation on bridges
§ 20-145 When speed limit not applicable
§ 20-146 Drive on right side of highway; exceptions
§ 20-146.1 Operation of motorcycles
§ 20-146.2 Rush hour traffic lanes authorized
§ 20-147 Keep to the right in crossing intersections or railroads
§ 20-147.1 Passenger vehicle towing other vehicles to keep right
§ 20-148 Meeting of vehicles
§ 20-149 Overtaking a vehicle
§ 20-150 Limitations on privilege of overtaking and passing
§ 20-150.1 When passing on the right is permitted
§ 20-152 Following too closely
§ 20-153 Turning at intersections
§ 20-154 Signals on starting, stopping or turning
§ 20-155 Right-of-way
§ 20-156 Exceptions to the right-of-way rule
§ 20-157 Approach of law enforcement, fire department or rescue squad vehicles or ambulances; driving over fire hose or blocking fire fighting equipment; parking, etc., near law enforcement, fire department, or rescue squad vehicle or ambulance
§ 20-157.1 Funeral processions
§ 20-158 Vehicle control signs and signals
§ 20-158.1 Erection of “yield right-of-way” signs
§ 20-158.2 Control of vehicles on Turnpike System
§ 20-158.3 Emergency entry to controlled access roads
§ 20-160 Driving through safety zone or on sidewalks prohibited
§ 20-160.1 Failure to yield causing serious bodily injury; penalties
§ 20-161 Stopping on highway prohibited; warning signals; removal of vehicles from public highway
§ 20-161.1 Regulation of night parking on highways
§ 20-162 Parking in front of private driveway, fire hydrant, fire station, intersection of curb lines or fire lane
§ 20-162.1 Prima facie rule of evidence for enforcement of parking regulations
§ 20-163 Unattended motor vehicles
§ 20-165.1 One-way traffic
§ 20-166 Duty to stop in event of a crash; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability
§ 20-166.1 Reports and investigations required in event of accident
§ 20-166.2 Duty of passenger to remain at the scene of an accident
§ 20-166.3 Limit storage duration for vehicle damaged as a result of a collision
§ 20-167 Vehicles transporting explosives
§ 20-167.1 Transportation of spent nuclear fuel
§ 20-168 Drivers of State, county, and city vehicles subject to the provisions of this Article
§ 20-169 Powers of local authorities
§ 20-170 This Article not to interfere with rights of owners of real property with reference thereto
§ 20-171 Traffic laws apply to persons riding animals or driving animal-drawn vehicles
§ 20-171.1 Definitions
§ 20-171.2 Bicycle racing
§ 20-171.6 Short title
§ 20-171.7 Legislative findings and purpose
§ 20-171.8 Definitions
§ 20-171.9 Requirements for helmet and restraining seat use
§ 20-171.15 Age restrictions
§ 20-171.16 Passengers
§ 20-171.17 Prohibited acts by sellers
§ 20-171.18 Equipment requirements
§ 20-171.19 Prohibited acts by owners and operators
§ 20-171.20 Safety training and certificate
§ 20-171.21 Penalties
§ 20-171.22 Exceptions
§ 20-171.23 Motorized all-terrain vehicles of law enforcement officers and fire, rescue, and emergency medical services permitted on certain highways
§ 20-171.24 Motorized all-terrain vehicle use by municipal and county employees permitted on certain highways
§ 20-171.25 Motorized all-terrain vehicle use by certain employees of natural gas utilities permitted on public highways and rights-of-way
§ 20-171.26 Motorized all-terrain vehicle use by disabled sportsmen
§ 20-172 Pedestrians subject to traffic-control signals
§ 20-173 Pedestrians’ right-of-way at crosswalks
§ 20-174 Crossing at other than crosswalks; walking along highway
§ 20-174.1 Standing, sitting or lying upon highways or streets prohibited
§ 20-174.2 Local ordinances; pedestrians gathering, picketing, or protesting on roads or highways
§ 20-175 Pedestrians soliciting rides, employment, business or funds upon highways or streets
§ 20-175.1 Public use of white canes by other than blind persons prohibited
§ 20-175.2 Right-of-way at crossings, intersections and traffic-control signal points; white cane or guide dog to serve as signal for the blind
§ 20-175.3 Rights and privileges of blind persons without white cane or guide dog
§ 20-175.5 Use of motorized wheelchairs or similar vehicles not exceeding 1000 pounds gross weight
§ 20-175.6 Electric personal assistive mobility devices
§ 20-175.15 Definitions
§ 20-175.16 Personal delivery devices authorized; operation; equipment
§ 20-175.17 Local regulation
§ 20-175.18 Insurance
§ 20-176 Penalty for misdemeanor or infraction
§ 20-177 Penalty for felony
§ 20-178 Penalty for bad check
§ 20-178.1 Payment and review of civil penalty imposed by Department of Public Safety
§ 20-179 Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments
§ 20-179.1 Presentence investigation of persons convicted of offense involving impaired driving
§ 20-179.3 Limited driving privilege
§ 20-179.5 Affordability of ignition interlock system
§ 20-181 Penalty for failure to dim, etc., beams of headlamps
§ 20-183 Duties and powers of law-enforcement officers; warning by local officers before stopping another vehicle on highway; warning tickets

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Terms Used In North Carolina General Statutes > Chapter 20 > Article 3 - Motor Vehicle Act of 1937

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the North Carolina Housing Finance agency. See North Carolina General Statutes 122E-2
  • Agreement materials: means those materials licensed by the State under agreement with the United States Nuclear Regulatory Commission and which include by-product, source or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954 as amended. See North Carolina General Statutes 104E-5
  • Agreement state: means any state which has consummated an agreement with the United States Nuclear Regulatory Commission under the authority of section 274 of the Atomic Energy Act of 1954 as amended, as authorized by compatible state legislation providing for acceptance by that state of licensing authority for agreement materials and the discontinuance of such licensing activities by the United States Nuclear Regulatory Commission. See North Carolina General Statutes 104E-5
  • Agricultural Loan: means a loan made by a lending institution or by the Authority to any person for the purpose of financing or refinancing land acquisition or improvement; soil conservation; irrigation; construction, renovation or expansion of buildings and facilities; purchase of farm fixtures, livestock, poultry, and fish of any kind; seeds; fertilizers; pesticides; feeds; machinery; equipment; containers or supplies or any other products employed in the production, cultivation, harvesting, storage, marketing, distribution or export of agricultural products. See North Carolina General Statutes 122D-3
  • Agriculture: means the commercial production, storage, processing, marketing, distribution or export of any agronomic, floricultural, horticultural, viticultural, silvicultural or aquacultural crop including, but not limited to, farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products. See North Carolina General Statutes 122D-3
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Atomic energy: means all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations. See North Carolina General Statutes 104E-5
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Authority: means the North Carolina Agricultural Finance Authority created by this Chapter. See North Carolina General Statutes 122D-3
  • Balanced budget: A budget in which receipts equal outlays.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bicycle: means a human-powered vehicle with two wheels in tandem designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. See North Carolina General Statutes 20-171.8
  • By-product material: means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See North Carolina General Statutes 104E-5
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • claimant: includes plaintiff's decedent, guardian, or guardian ad litem. See North Carolina General Statutes 99B-1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the Radiation Protection Commission. See North Carolina General Statutes 104E-5
  • Commissioner: means the North Carolina Commissioner of Agriculture. See North Carolina General Statutes 122D-3
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See North Carolina General Statutes 104E-5
  • Department: means the North Carolina Department of Agriculture and Consumer Services. See North Carolina General Statutes 122D-3
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Diamond Shamrock Litigation Funds: means funds received by North Carolina, and all interest and other income generated by such funds, pursuant to the Order of the Court, dated June 6, 1986, in Diamond Shamrock Refining and Marketing Co. See North Carolina General Statutes 122E-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further any condition existing within or outside of the jurisdictional confines of a facility licensed by the Department and arising from the presence of by-product material, source material, special nuclear materials, or other radioactive materials, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment. See North Carolina General Statutes 104E-5
  • Engineered barrier: means a man-made structure or device that is intended to improve a disposal facility's ability to meet (i) the performance objectives of Subpart C, Title 10, Code of Federal Regulations Part 61 in effect on 1 January 1987, (ii) other requirements set out in N. See North Carolina General Statutes 104E-5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal government: means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America. See North Carolina General Statutes 122D-3
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the North Carolina Housing Trust Fund. See North Carolina General Statutes 122E-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. See North Carolina General Statutes 104E-5
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lending institution: means any bank, bank or trust company, federal land bank, production credit association, bank for cooperatives, building and loan association, homestead, insurance company, investment banker, mortgage banker or company, pension or retirement fund, savings bank or savings and loan association, small business investment company, credit union, the federal government or any other financial institution authorized to do business in North Carolina or operating under the supervision of any federal agency or any corporation organized or operating pursuant to Section 25 of the Federal Reserve Act. See North Carolina General Statutes 122D-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Low-level radioactive waste: means low-level radioactive waste as defined in the Low-Level Radioactive Waste Policy Amendments Act of 1985, Pub. See North Carolina General Statutes 104E-5
  • Low-level radioactive waste disposal facility: means any low-level radioactive waste facility or any portion of such facility, including land, buildings, and equipment, which is used or intended to be used for the disposal of low-level radioactive waste on or in land in accordance with rules promulgated under this Chapter. See North Carolina General Statutes 104E-5
  • Low-level radioactive waste facility: means a facility for the storage, collection, processing, treatment, recycling, recovery, or disposal of low-level radioactive waste. See North Carolina General Statutes 104E-5
  • Manufacturer: means a person or entity who designs, assembles, fabricates, produces, constructs or otherwise prepares a product or component part of a product prior to its sale to a user or consumer, including a seller owned in whole or significant part by the manufacturer or a seller owning the manufacturer in whole or significant part. See North Carolina General Statutes 99B-1
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Nonionizing radiation: means radiation in any portion of the electromagnetic spectrum not defined as ionizing radiation, including, but not limited to, such sources as laser, maser or microwave devices. See North Carolina General Statutes 104E-5
  • notes: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or evidences of indebtedness authorized to be issued by the Authority pursuant to the provisions of this Chapter. See North Carolina General Statutes 122D-3
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle. See North Carolina General Statutes 20-171.8
  • Other public right-of-way: means any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of this State or a local political subdivision of the State and is designed for use and used by vehicular and/or pedestrian traffic. See North Carolina General Statutes 20-171.8
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: means the North Carolina Housing Partnership. See North Carolina General Statutes 122E-2
  • Passenger: means a person who travels on a bicycle in any manner except as an operator. See North Carolina General Statutes 20-171.8
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto. See North Carolina General Statutes 104E-5
  • Personal property: All property that is not real property.
  • personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
  • Persons: means any individual, partnership, firm, corporation, company, cooperative, association, society, trust or any other business unit or entity, including any state or federal agency. See North Carolina General Statutes 122D-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Product liability action: includes any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging, or labeling of any product. See North Carolina General Statutes 99B-1
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protective bicycle helmet: means a piece of headgear that meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation. See North Carolina General Statutes 20-171.8
  • Public bicycle path: means a right-of-way under the jurisdiction and control of this State or a local political subdivision of the State for use primarily by bicycles and pedestrians. See North Carolina General Statutes 20-171.8
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public roadway: means a right-of-way under the jurisdiction and control of this State or a local political subdivision of the State for use primarily by motor vehicles. See North Carolina General Statutes 20-171.8
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means gamma rays and x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves including those with frequencies between three times 10 to the eighth power cycles per second and three times 10 to the twenty-fourth power cycles per second and wavelengths between one times 10 to the minus fourteenth power centimeters and 100 centimeters. See North Carolina General Statutes 104E-5
  • Radioactive material: means any solid, liquid, or gas which emits ionizing radiation spontaneously. See North Carolina General Statutes 104E-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restraining seat: means a seat separate from the saddle seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in such seat and protect such passenger from the moving parts of the bicycle. See North Carolina General Statutes 20-171.8
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • safety glass: as used in this Article shall be construed as meaning glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by glass when the glass is cracked or broken. See North Carolina General Statutes 20-135
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • Secretary: means the Secretary of Health and Human Services. See North Carolina General Statutes 104E-5
  • Seller: includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale or for use or consumption. See North Carolina General Statutes 99B-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shallow land burial: means disposal of low-level radioactive waste in subsurface trenches without the additional confinement of the waste as described in N. See North Carolina General Statutes 104E-5
  • Source material: means (i) uranium, thorium, or any other material which the Department declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto has determined the material to be such; or (ii) ores containing one or more of the foregoing materials, in such concentration as the Department declares to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material. See North Carolina General Statutes 104E-5
  • Special nuclear material: means (i) plutonium, uranium 233, uranium 235, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Department declares to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (ii) any material artificially enriched by any of the foregoing, but does not include source material. See North Carolina General Statutes 104E-5
  • Specific license: means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own or process quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive materials occurring naturally or produced artificially. See North Carolina General Statutes 104E-5
  • State: means the State of North Carolina or any agency or instrumentality thereof. See North Carolina General Statutes 122D-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Stripper Well Litigation Funds: means funds received by North Carolina, and all interest and other income generated by such funds, pursuant to the Settlement Agreement that was approved by Order of the Court, dated July 7, 1986, in In re: The Department of Energy Stripper Well Exemption Litigation M. See North Carolina General Statutes 122E-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasurer: means the North Carolina State Treasurer. See North Carolina General Statutes 122E-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Tricycle: means a three-wheeled, human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is no more than two feet from ground level. See North Carolina General Statutes 20-171.8
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Verdict: The decision of a petit jury or a judge.