§ 7A-790 Short title
§ 7A-791 Purpose
§ 7A-792 Goals
§ 7A-793 Establishment of North Carolina Judicially Managed Accountability and Recovery Court Program
§ 7A-794 Fund administration
§ 7A-795 State Judicially Managed Accountability and Recovery Court Advisory Committee
§ 7A-796 Local judicially managed accountability and recovery court committees
§ 7A-797 Eligible population; local judicially managed accountability and recovery court procedures
§ 7A-799 Treatment not guaranteed
§ 7A-800 Payment of costs of treatment
§ 7A-801 Monitoring and annual report
§ 7A-802 Exemption from Article
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Terms Used In North Carolina General Statutes > Chapter 7A > Article 62 - Local Judicially Managed Accountability and Recovery Court Act

  • Act: The North Carolina Uniform Partnership Act and refers to all provisions therein. See North Carolina General Statutes 59-32
  • 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.
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the North Carolina Association of Rescue and Emergency Medical Services, Inc. See North Carolina General Statutes 58-88-1
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankrupt: Bankrupt under the Federal Bankruptcy Act or insolvent under any State insolvent act. See North Carolina General Statutes 59-32
  • 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
  • Board: means the Board of Trustees of the Local Governmental Employees' Retirement System. See North Carolina General Statutes 58-86-2
  • Board: means the Board of Trustees of the Fund. See North Carolina General Statutes 58-88-1
  • Business: Every trade, occupation, or profession. See North Carolina General Statutes 59-32
  • Business entity: means a domestic corporation (including a professional corporation as defined in N. See North Carolina General Statutes 59-73.1
  • Chair: means the chair of the Board of Trustees of the Local Governmental Employees' Retirement System. See North Carolina General Statutes 58-86-2
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conveyance: Every assignment, lease, mortgage, or encumbrance. See North Carolina General Statutes 59-32
  • 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.
  • Court: Every court and judge having jurisdiction in the case. See North Carolina General Statutes 59-32
  • 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.
  • Dependent: A person dependent for support upon another.
  • Director: means the Director of the Retirement Systems Division of the North Carolina Department of State Treasurer. See North Carolina General Statutes 58-86-2
  • Domestic corporation: Has the same meaning as in N. See North Carolina General Statutes 59-32
  • Domestic limited liability company: Has the same meaning as the term "LLC" in N. See North Carolina General Statutes 59-32
  • Domestic limited partnership: Has the same meaning as in N. See North Carolina General Statutes 59-32
  • Domestic partnership: means a partnership as defined in N. See North Carolina General Statutes 59-73.1
  • Dower: A widow
  • Eligible fire department: means a bona fide fire department which is certified to the Commissioner of Insurance by the governing body thereof, and determined as classified as not less than class "9S" and said fire department holds training sessions not less than four hours monthly. See North Carolina General Statutes 58-86-2
  • Eligible firefighter: means all persons 18 years of age or older who are firefighters of the State of North Carolina or any political subdivision thereof, including those performing such functions in the protection of life and property through firefighting within a county or city governmental unit. See North Carolina General Statutes 58-86-2
  • Eligible rescue or emergency medical services squad: means organized rescue squad units eligible for membership in the North Carolina Association of Rescue and Emergency Medical Services, Inc. See North Carolina General Statutes 58-86-2
  • Eligible rescue squad worker: means all persons 18 years of age or older who are members of a rescue or emergency medical services squad that is eligible for membership in the North Carolina Association of Rescue and Emergency Medical Services, Inc. See North Carolina General Statutes 58-86-2
  • 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
  • EMS: means emergency medical services. See North Carolina General Statutes 58-88-1
  • 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
  • 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.
  • 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
  • Foreign corporation: Has the same meaning as in N. See North Carolina General Statutes 59-32
  • Foreign limited liability company: Has the same meaning as the term "foreign LLC" in N. See North Carolina General Statutes 59-32
  • Foreign limited liability partnership: A partnership that is formed under laws other than the laws of this State and has the status of a limited liability partnership or registered limited liability partnership under those laws. See North Carolina General Statutes 59-32
  • Foreign limited partnership: Has the same meaning as in N. See North Carolina General Statutes 59-32
  • Foreign nonprofit corporation: A foreign corporation as defined in N. See North Carolina General Statutes 59-32
  • Fraud: Intentional deception resulting in injury to another.
  • Fully credited service: means a period of time for which the Board has received certification that a member has met all eligibility requirements for participation in the Pension Fund and for which the Board has received timely monthly payments under N. See North Carolina General Statutes 58-86-2
  • Fund: means the Rescue Squad Workers' Relief Fund. See North Carolina General Statutes 58-88-1
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Inactive member: means a member of the fund who is not on a leave of absence under N. See North Carolina General Statutes 58-86-2
  • 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.
  • 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.
  • 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
  • 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.
  • Member: means an eligible firefighter or eligible rescue squad worker who has elected to participate in the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund. See North Carolina General Statutes 58-86-2
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.
  • 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 a partnership as defined in N. See North Carolina General Statutes 59-73.1
  • Pension Fund: means the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund. See North Carolina General Statutes 58-86-2
  • Person: Individuals, partnerships, corporations, limited liability companies, and other associations. See North Carolina General Statutes 59-32
  • 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.
  • 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
  • Principal office: The office (in or out of this State) where the principal executive offices of a registered limited liability partnership or a foreign limited liability partnership are located, as designated in its most recent annual report filed with the Secretary of State or, if no annual report has yet been filed, in its application for registration as a registered limited liability partnership or foreign limited liability partnership. See North Carolina General Statutes 59-32
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: Land and any interest or estate in land. See North Carolina General Statutes 59-32
  • Registered limited liability partnership: A partnership that is registered under N. See North Carolina General Statutes 59-32
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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-Treasurer: means the Secretary-Treasurer of the Association. See North Carolina General Statutes 58-88-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service-disabled veteran: A veteran with a disability that was incurred or aggravated during the veteran's service in the Armed Forces of the United States. See North Carolina General Statutes 59-32
  • Service-disabled veteran-owned small business: A business that satisfies all of the following requirements:

    a. See North Carolina General Statutes 59-32

  • 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.
  • 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.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Venue: The geographical location in which a case is tried.
  • Veteran: An individual entitled to any benefits or rights under the laws of the United States by reason of service in the Armed Forces of the United States. See North Carolina General Statutes 59-32
  • Veteran-owned small business: A business that satisfies all of the following requirements:

    a. See North Carolina General Statutes 59-32