Terms Used In North Carolina General Statutes > Chapter 19 > Article 1 - Abatement of Nuisances

• 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.
• Architect: A person who is duly licensed to practice architecture. See North Carolina General Statutes 83A-1
• Architect Emeritus: A person who has been duly licensed as an architect by the Board and who chooses to relinquish or not to renew a license to practice architecture and who applies to and is approved by the Board after review of record, including any disciplinary action, to be granted the use of the honorific title "Architect Emeritus. See North Carolina General Statutes 83A-1
• Architectural firm: A professional corporation certified by the Board as meeting the requirements under this Chapter for registration for the practice of architecture. See North Carolina General Statutes 83A-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: The North Carolina Board of Architecture and Registered Interior Designers. See North Carolina General Statutes 83A-1
• Breach of the peace: means repeated acts that disturb the public order including, but not limited to, homicide, assault, affray, communicating threats, unlawful possession of dangerous or deadly weapons, and discharging firearms. See North Carolina General Statutes 19-1.1
• CIDQ: The Council for Interior Design Qualification. See North Carolina General Statutes 83A-1
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Firm certificate: A certificate of firm registration issued by the Board recognizing the firm named in the certificate as meeting the requirements for the firm practice of architecture or interior design. See North Carolina General Statutes 83A-1
• Firm practice of architecture: "Practice of architecture" as defined in N. See North Carolina General Statutes 83A-1
• Firm practice of interior design: "Practice of interior design" as defined in subdivision (8) of this section by a registered interior design firm organized or domesticated in this State that holds a current firm certificate from this Board. See North Carolina General Statutes 83A-1
• 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
• Good moral character: Character as tends to assure the faithful discharge of the fiduciary duties of an architect or registered interior designer to his or her client. See North Carolina General Statutes 83A-1
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interior design: Includes, but is not limited to, the preparation of reflected ceiling plans, space planning, creation or alteration of paths of egress, occupancy calculations, provided no increases in occupancy or number of exits is required, selection of furnishings, and the fabrication of nonstructural elements within and surrounding interior spaces of buildings. See North Carolina General Statutes 83A-1
• 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.
• 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}
• Lewd matter: is synonymous with "obscene matter" and means any matter:

  North Carolina General Statutes 19-1.1

• Nonstructural element: An element of a building or structure which does not require structural bracing and is not one or more of the following:

  a. See North Carolina General Statutes 83A-1

• 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
• Oath: A promise to tell the truth.
• 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.
• Person: means any individual, partnership, firm, association, corporation, or other legal entity. See North Carolina General Statutes 19-1.1
• Person: includes "entity" (as that term is defined in N. See North Carolina General Statutes 75E-1
• 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
• Place: includes , but is not limited to, any building, structure or places, or any separate part or portion thereof, whether permanent or not, or the ground itself. See North Carolina General Statutes 19-1.1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Practice of architecture: Performing or offering to perform or holding oneself out as legally qualified to perform professional services in connection with the design, construction, enlargement or alteration of buildings, including consultations, investigations, evaluations, preliminary studies, the preparation of plans, specifications and contract documents, administration of construction contracts and related services or combination of services in connection with the design and construction of buildings, regardless of whether these services are performed in person or as the directing head of an office or organization. See North Carolina General Statutes 83A-1
• Practice of interior design: The preparation of working drawings and documents relative to interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment as defined in subdivision (5a) of this section. See North Carolina General Statutes 83A-1
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Prostitution: means offering in any manner or receiving of the body in return for a fee, for acts of vaginal intercourse, anal intercourse, fellatio, cunnilingus, masturbation, or physical contact with a person's genitals, pubic area, buttocks, or breasts, or other acts of sexual conduct offered or received for pay and sexual gratification. See North Carolina General Statutes 19-1.1
• Publication: shall include any book, magazine, pamphlet, illustration, photograph, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a coin-operated machine. See North Carolina General Statutes 19-1.1
• Quorum: The number of legislators that must be present to do business.
• 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}
• Reflected ceiling plan: A ceiling design plan which is laid out as if it were projected downward and which may include lighting and other elements. See North Carolina General Statutes 83A-1
• Registered interior design firm: A business corporation certified by the Board as meeting the requirements for registration under this Chapter for the practice of interior design. See North Carolina General Statutes 83A-1
• Registered interior designer: A person who is duly registered and who is qualified by education, experience, and examination to engage in the practice of interior design as authorized by the Board. See North Carolina General Statutes 83A-1
• Registration: A certificate of registration issued by the Board recognizing the individual or firm named in the certificate as meeting the requirements for registration under this Chapter. See North Carolina General Statutes 83A-1
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale of obscene or lewd matter: means a passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer or possession of, lewd matter. See North Carolina General Statutes 19-1.1
• 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
• Service of process: The service of writs or summonses to the appropriate party.
• Space planning: The analysis, programming, or design of spatial requirements, including preliminary space layouts and final planning. See North Carolina General Statutes 83A-1
• 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
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Used for profit: shall mean any use of real or personal property to produce income in any manner, including, but not limited to, any commercial or business activities, or selling, leasing, or otherwise providing goods and services for profit. See North Carolina General Statutes 19-1.1