§ 42-59 Definitions
§ 42-59.1 Statement of Public Policy
§ 42-60 Nature of actions and jurisdiction
§ 42-61 Standard of proof
§ 42-62 Parties
§ 42-63 Remedies and judicial orders
§ 42-64 Affirmative defense or exemption to a complete eviction
§ 42-65 Obstructing the execution or enforcement of a removal or eviction order
§ 42-66 Motion to enforce eviction and removal orders
§ 42-67 Impermissible defense
§ 42-68 Expedited proceedings
§ 42-69 Relation to criminal proceedings
§ 42-70 Discovery
§ 42-71 Protection of threatened witnesses or affiants
§ 42-72 Availability of law enforcement resources to plaintiffs or potential plaintiffs
§ 42-73 Collection of rent
§ 42-74 Preliminary or emergency relief
§ 42-75 Cumulative remedies
§ 42-76 Civil immunity

Terms Used In North Carolina General Statutes > Chapter 42 > Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complete eviction: means the eviction and removal of a tenant and all members of the tenant's household. See North Carolina General Statutes 42-59
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Criminal activity: means (i) activity that would constitute a violation of N. See North Carolina General Statutes 42-59
  • 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.
  • Felony: means a criminal offense that constitutes a felony under North Carolina law. See North Carolina General Statutes 42-59
  • 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
  • Guest: means any natural person who has been given express or implied permission by a tenant, a member of the tenant's household, or another guest of the tenant to enter an individual rental unit or any portion of the entire premises. See North Carolina General Statutes 42-59
  • 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
  • Individual rental unit: means an apartment or individual dwelling or accommodation which is leased to a particular tenant, whether or not it is used or occupied or intended to be used or occupied by a single family or household. See North Carolina General Statutes 42-59
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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.
  • Landlord: means a person, entity, corporation, or governmental authority or agency who or which owns, operates, or manages any leased residential premises. See North Carolina General Statutes 42-59
  • 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
  • leased residential premises: means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. See North Carolina General Statutes 42-59
  • Partial eviction: means the eviction and removal of specified persons from a leased residential premises. See North Carolina General Statutes 42-59
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Resident: means any natural person who lawfully resides in a leased residential premises who is not a signatory to a lease or otherwise has no contractual relationship to a landlord. See North Carolina General Statutes 42-59
  • 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.
  • 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.
  • Tenant: means any natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit. See North Carolina General Statutes 42-59
  • Testify: Answer questions in court.
  • 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.