Terms Used In North Carolina General Statutes > Chapter 120 > Article 3 - Contests

• 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.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Clerk: The Principal Clerk of the house in which the election of the seat is being contested. See North Carolina General Statutes 120-10.2
• Committee: The Committee on Rules of the appropriate house unless, by rule, the house has designated another committee to hear contests. See North Carolina General Statutes 120-10.2
• Contest: A challenge to the apparent election of a member of the General Assembly or a request to determine an undecided election to a seat of the General Assembly in accordance with the provisions of this Article. See North Carolina General Statutes 120-10.2
• Contestant: An unsuccessful candidate in an election to which this Article applies who initiates a contest. See North Carolina General Statutes 120-10.2
• Contestee: A candidate in an election to which this Article applies who is not a contestant. See North Carolina General Statutes 120-10.2
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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.
• Notice of intent: The notice required to initiate a contest in accordance with the provisions of this Article. See North Carolina General Statutes 120-10.2
• 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
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Unsuccessful candidate: A candidate for an elective office to which this Article applies who has not been issued a certificate of election. See North Carolina General Statutes 120-10.2