Terms Used In North Carolina General Statutes > Chapter 150B > Article 4 - Judicial Review

• Administrative law judge: A person appointed under N. See North Carolina General Statutes 150B-2
• Agency: An agency or an officer in the executive branch of the government of this State. See North Carolina General Statutes 150B-2
• 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.
• Contested case: An administrative proceeding pursuant to this Chapter to resolve a dispute between an agency and another person that involves the person's rights, duties, or privileges, including licensing or the levy of a monetary penalty. See North Carolina General Statutes 150B-2
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Party: Any person or agency named or admitted as a party or properly seeking as of right to be admitted as a party and includes the agency as appropriate. See North Carolina General Statutes 150B-2
• Person: Any natural person, partnership, corporation, body politic, and any unincorporated association, organization, or society that may sue or be sued under a common name. See North Carolina General Statutes 150B-2
• Person aggrieved: Any person or group of persons of common interest directly or indirectly affected substantially in his, her, or its person, property, or employment by an administrative decision. See North Carolina General Statutes 150B-2
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rule: Any agency regulation, standard, or statement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of an agency. See North Carolina General Statutes 150B-2
• 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.
• 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.
• Venue: The geographical location in which a case is tried.