reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-525 - Judgment by default and inquiry on failure of defendant to give bond.

§ 1-525. Judgment by default and inquiry on failure of defendant to give bond.
At any time after a duly verified complaint is filed alleging facts sufficient to entitle plaintiff to the office, whether this complaint is filed at the beginning of the action or later, the plaintiff may, upon ten days' notice to the defendant or his attorney of record, move before the judge resident in or riding the district, at chambers, to require the defendant to give the undertaking specified in G.S. 1-523. It is the duty of the judge to require the defendant to give the undertaking within ten days, and if it is not so given, the judge shall render judgment in favor of plaintiff and against defendant for the recovery of the office and the costs, and a judgment by default and inquiry to be executed at a term for damages, including loss of fees and salary. Upon the filing of the judgment for the recovery of such office with the clerk, it is his duty to issue and the sheriff's duty to serve the necessary process to put the plaintiff into possession of the office. If the defendant shall give the undertaking, the court, if judgment is rendered for plaintiff, shall render judgment against the defendant and his sureties for costs and damages, including loss of fees and salary. Nothing herein prevents the judge's extending, for cause, the time in which to give the undertaking. (1895, c. 105, s. 2; 1899, c. 49; Rev., s. 837; C.S., s. 880.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-526 - Service of summons and complaint.

§ 1-526. Service of summons and complaint.
The service of the summons and complaint as hereinbefore provided may be made by leaving a copy at the last residence or business office of the defendant or defendants, and service so made shall be deemed a legal service. (1899, c. 126; Rev., s. 838; C.S., s. 881.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-527 - Judgment in such actions.

§ 1-527. Judgment in such actions.
In every such case judgment shall be rendered upon the right of the defendant, and also upon the right of the party alleged to be entitled, or only upon the right of the defendant, as justice requires. When the defendant, whether a natural person or corporation, against whom the action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that the defendant be excluded from such office, franchise or privilege, and also that the plaintiff recover costs against him. The court may also, in its discretion, fine the defendant a sum not exceeding two thousand dollars ($2000). The clear proceeds of the fine shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (Const., Art. IX, s. 5; R.C., c. 95; C.C.P., ss. 370, 375; Code, ss. 610, 615; Rev., ss. 839, 840; C.S., s. 882; 1998-215, s. 95.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-528 - Mandamus to aid relator.

§ 1-528. Mandamus to aid relator.
In any civil action brought to try the title or right to hold any office, when the judgment of the court is in favor of the relator in the action, it is the duty of the court to issue a writ of mandamus or such other process as is necessary and proper to carry the judgment into effect, and to induct the party entitled into office. (1885, c. 406, s. 1; Rev., s. 841; C.S., s. 883.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-529 - Appeal; bonds of parties.

§ 1-529. Appeal; bonds of parties.
No appeal by the defendant to the appellate division from the judgment of the superior court in such action shall stay the execution of the judgment, unless a justified undertaking is executed on the part of the appellant by one or more sureties, in a sum to be fixed by the court, conditioned that the appellant will pay to the party entitled to the same the salary, fees, emoluments and all moneys whatsoever received by the appellant by virtue or under color of the office. In no event shall the judgment be executed pending appeal, unless a justified undertaking is executed on the part of the appellee by one or more persons in a sum to be fixed by the court, conditioned that the appellee will pay to the party entitled to the same the salary, fees, emoluments and all moneys whatsoever received by the appellee by virtue or under color of office during his occupancy thereof. (1885, c. 406, s. 2; Rev., s. 842; C.S., s. 884; 1969, c. 44, s. 13.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-530 - Relator inducted into office; duty.

§ 1-530. Relator inducted into office; duty.
If the judgment is rendered in favor of the person alleged to be entitled, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office. It is his duty, immediately thereafter, to demand of the defendant in the action all the books and papers in his custody, or within his power, belonging to the office from which he has been excluded. (C.C.P., ss. 371, 373; Code, ss. 611, 613; Rev., ss. 843, 844; C.S., s. 885.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-531 - Refusal to surrender official papers misdemeanor.

§ 1-531. Refusal to surrender official papers misdemeanor.
If a person against whom a judgment has been rendered in an action brought to recover a public office shall fail or refuse to turn over, on demand, to the person adjudged to be entitled to such office, all papers, documents and books belonging to such office, he shall be guilty of a Class 1 misdemeanor. (C.C.P., s. 372; Code, s. 612; Rev., s. 3601; C.S., s. 886; 1993, c. 539, s. 2; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-532 - Action to recover property forfeited to State.

§ 1-532. Action to recover property forfeited to State.
When any property, real or personal, is forfeited to the State, or to any officer for its use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer in any superior court. (C.C.P., s. 381; Code, s. 621; Rev., s. 845; C.S., s. 887.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 42 - Waste. › § 1-533 - Remedy and judgment.

§ 1-533. Remedy and judgment.
Wrongs, remediable by the old action of waste, are subjects of action as other wrongs; and the judgment may be for damages, forfeiture of the estate of the party offending, and eviction from the premises. (C.C.P., s. 383; Code, s. 624; Rev., s. 853; C.S., s. 888.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 42 - Waste. › § 1-534 - For and against whom action lies.

§ 1-534. For and against whom action lies.
In all cases of waste, an action lies in the appropriate trial division of the General Court of Justice at the instance of him in whom the right is, against all persons committing the waste, as well tenant for term of life as tenant for term of years and guardians. (52 Hen. III, c. 23; 6 Edw. I, c. 5; 20 Edw. I, st. 2; 11 Hen. VI, c. 5; R.C., c. 116, s. 1; Code, s. 625; Rev., s. 854; C.S., s. 889; 1971, c. 268, s. 33.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 42 - Waste. › § 1-535 - Tenant in possession liable.

§ 1-535. Tenant in possession liable.
Where a tenant for life or years grants his estate to another, and still continues in the possession of the lands, tenements, or hereditaments, an action lies against the said tenant for life or years. (11 Hen. VI, c. 5; R.C., c. 116, s. 2; Code, s. 626; Rev., s. 855; C.S., s. 890.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 42 - Waste. › § 1-536 - Action by tenant against cotenant.

§ 1-536. Action by tenant against cotenant.
Where a joint tenant or a tenant in common commits waste, an action lies against him at the instance of his cotenant or joint tenant. (13 Edw. I, c. 22; R.C., c. 116, s. 4; Code, s. 627; Rev., s. 856; C.S., s. 891.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 42 - Waste. › § 1-537 - Action by heirs.

§ 1-537. Action by heirs.
Every heir may bring action for waste committed on lands, tenements, or hereditaments of his own inheritance, as well in the time of his ancestor as in his own. (6 Edw. I, c. 5; 20 Edw. I, st. 2; 11 Hen. VI, c. 5; R.C., c. 116, s. 5; Code, s. 628; Rev., s. 857; C.S., s. 892.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 42 - Waste. › § 1-538 - Judgment for treble damages and possession.

§ 1-538. Judgment for treble damages and possession.
In all cases of waste, when judgment is against the defendant, the court may give judgment for treble the amount of the damages assessed by the jury, and also that the plaintiff recover the place wasted, if the damages are not paid on or before a day to be named in the judgment. (6 Edw. I, c. 5; 20 Edw. I, st. 2; R.C., c. 116, s. 3; Code, s. 629; Rev., s. 858; C.S., s. 893.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-538.1 - Strict liability for damage to person or property by minors.

§ 1-538.1. Strict liability for damage to person or property by minors.
Any person or other legal entity shall be entitled to recover actual damages suffered in an amount not to exceed a total of two thousand dollars ($2,000) from the parent or parents of any minor who shall maliciously or willfully injure such person or destroy the real or personal property of such person. Parents whose custody and control have been removed by court order or by contract prior to the act complained of shall not be liable under this act. This act shall not preclude or limit recovery of damages from parents under common law remedies available in this State. (1961, c. 1101; 1981, c. 414, s. 1; 1993, c. 540, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-538.3 - Negligent supervision of minor.

§ 1-538.3. Negligent supervision of minor.
(a) The parent or individual legal guardian who has the care, custody, and control of an unemancipated minor may be held civilly liable to an educational entity for the negligent supervision of that minor if the educational entity proves by clear, cogent, and convincing evidence that:
(1) The minor:
a. Violated the provisions of G.S. 14-49, 14-49.1, 14-50, 14-69.1(c), 14-69.2(c), 14-269.2(b1), 14-269.2(c1), or committed a felony offense involving injury to persons or property through use of a gun, rifle, pistol, or other firearm of any kind as defined in G.S. 14-269.2(b); and
b. The offense occurred on educational property; and
(2) The parent or individual legal guardian who has the care, custody, and control of the minor:
a. Knew or reasonably should have known of the minor's likelihood to commit such an act;
b. Had the opportunity and ability to control the minor; and
c. Made no reasonable effort to correct, restrain, or properly supervise the minor.
(b) In an action brought against the parent or legal guardian under this section for a false report, hoax, or possession of a bomb or other explosive device on educational property, the educational entity is entitled to recover the actual compensatory and consequential damages resulting from the disruption or dismissal of school or the school-sponsored activity arising from the false report, the hoax, the bringing or possession of a bomb or other explosive device onto educational property or to a school-sponsored activity. The total amount of compensatory and consequential damages awarded to a plaintiff against the parent or legal guardian pursuant to this subsection shall not exceed twenty-five thousand dollars ($25,000).
(c) In an action brought against the parent or legal guardian under this section, the educational entity is entitled to recover the actual compensatory and consequential damages to educational property that is the result of the discharge of the firearm or the detonation or explosion of the bomb or other explosive device. The total amount of compensatory and consequential damages awarded to a plaintiff against the parent or legal guardian pursuant to this subsection shall not exceed fifty thousand dollars ($50,000).
(d) For purposes of this section, the term "educational property" has the same definition as in G.S. 14-269.2(a)(1), and the term "educational entity" means the board of education or other entity that administers and controls the educational property or the school-sponsored activity.
(e) Nothing contained in this section shall prohibit recovery upon any other theory in the law. (1999-257, s. 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539 - Remedy for nuisance.

§ 1-539. Remedy for nuisance.
Injuries remediable by the old writ of nuisance are subjects of action as other injuries; and in such action there may be judgment for damages, or for the removal of the nuisance, or both. (C.C.P., s. 387; Code, s. 630; Rev., s. 825; C.S., 894.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539.1 - Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.

§ 1-539.1. Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.
(a) Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for triple the value of such wood, timber, shrubs or trees so injured, cut or removed.
(b) If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for triple the value of such wood, timber or trees damaged or destroyed thereby.
(c) Any person, firm or corporation cutting timber under contract and incurring damages as provided in subsection (a) of this section as a result of a misrepresentation of property lines by the party letting the contract shall be entitled to reimbursement from the party letting the contract for damages incurred. (1945, c. 837; 1955, c. 594; 1971, c. 119; 1977, c. 859; 2021-78, s. 5(b).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539.2 - Dismantling portion of building.

§ 1-539.2. Dismantling portion of building.
When one person owns a portion of a building and another or other persons own the remainder of said building, neither of said owners shall dismantle his portion of said building without making secure the portions of said building belonging to other persons. Any person violating the provisions of this section shall be responsible in damages to the owners of other portions of such building. (1955, c. 1359.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539.2A - Damages for computer trespass.

§ 1-539.2A. Damages for computer trespass.
(a) Any person whose property or person is injured by reason of a violation of G.S. 14-458 may sue for and recover any damages sustained and the costs of the suit. Without limiting the general of the term, "damages" shall include loss of profits. If the injury arises from the transmission of unsolicited bulk commercial electronic mail, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk commercial electronic mail message transmitted in violation of this section, or twenty-five thousand dollars ($25,000) per day. The injured person shall not have a cause of action against the electronic mail service provider which merely transmits the unsolicited bulk commercial electronic mail over its computer network. If the injury arises from the transmission of unsolicited bulk commercial electronic mail, an injured electronic mail service provider may also recover attorneys' fees and costs and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk commercial electronic mail message transmitted in violation of this section, or twenty-five thousand dollars ($25,000) per day.
(b) A civil action under this section shall be commenced before expiration of the time period prescribed in G.S. 1-54. In actions alleging injury arising from the transmission of unsolicited bulk commercial electronic mail, personal jurisdiction may be exercised pursuant to G.S. 1-75.4. (1999-212, s. 4; 1999-456, s. 8.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539.2B - Triple damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes.

§ 1-539.2B. Triple damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes.
(a) Any person who unlawfully and willfully injures or destroys any other person's agricultural commodities or production system is liable to the owner for triple the value of the commodities or production system injured or destroyed.
(b) For purposes of this section, the value of agricultural commodities that are grown for educational, testing, or research purposes includes all of the following:
(1) The diminution in market value of the commodities when the commodities were grown for sale and the plaintiff is the entity who sold the commodities or would have sold the commodities but for their injury or destruction.
(2) Costs to the plaintiff for research and development of the injured or destroyed commodities.
(3) Other incidental and consequential damages proven to have been incurred by the plaintiff.
(c) For the purpose of this section, the following definitions apply:
(1) "Agricultural commodities" means:
a. Commodities produced for individual and public use, consumption, and marketing from one of the following:
1. The cultivation of soil or hydroponics or any other method of production for crops, including fruits, vegetables, flowers, and ornamental plants.
2. The planting and production of trees, timber, forests, or forest products.
3. The raising of livestock, poultry, and eggs.
4. Aquaculture as defined in G.S. 106-758.
b. Seed, genetic material, tissue cultures, and any research and development materials, information, and records related to items included in subdivision (1)a. of this subsection developed or used for educational, testing, or research purposes.
(2) "Production systems" means land, buildings, and equipment used in the production of agricultural commodities, including aquaculture facilities as defined in G.S. 106-758. (2001-290, s. 1; 2021-78, s. 5(c).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539.2C - Damages for identity theft.

§ 1-539.2C. Damages for identity theft.
(a) Any person whose property or person is injured by reason of an act made unlawful by Article 19C of Chapter 14 of the General Statutes, or a violation of G.S. 75-66, may sue for civil damages. For each unlawful act, or each violation of G.S. 75-66, damages may be
(1) In an amount of up to five thousand dollars ($5,000), but no less than five hundred dollars ($500.00), or
(2) Three times the amount of actual damages,
whichever amount is greater. A person seeking damages as set forth in this section may also institute a civil action to enjoin and restrain future acts that would constitute a violation of this section. The court, in an action brought under this section, may award reasonable attorneys' fees to the prevailing party.
(b) If the identifying information of a deceased person is used in a manner made unlawful by Article 19C of Chapter 14 of the General Statutes, or by a violation of G.S. 75-66, the deceased person's estate shall have the right to recover damages pursuant to subsection (a) of this section.
(c) The venue for any civil action brought under this section shall be the county in which the plaintiff resides or any county in which any part of the alleged violation of G.S. 75-66, G.S. 14-113.20 or G.S. 14-113.20A took place, regardless of whether the defendant was ever actually present in that county. Civil actions under this section must be brought within three years from the date on which the identity of the wrongdoer was discovered or reasonably should have been discovered.
(d) Civil action under this section does not depend on whether or not a criminal prosecution has been or will be instituted under Article 19C of Chapter 14 of the General Statutes for the acts which are the subject of the civil action. The rights and remedies provided by this section are in addition to any other rights and remedies provided by law. (2002-175, s. 8; 2005-414, s. 9; 2007-534, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43 - Nuisance and Other Wrongs. › § 1-539.2D - Civil liability for acts of terror.

§ 1-539.2D. Civil liability for acts of terror.
(a) The following definitions apply in this section:
(1) Act of terror. – An activity with all of the following characteristics:
a. Involves violent acts or acts dangerous to human life that violate federal or State law.
b. Appears to be intended (i) to intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion, or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
c. Occurs primarily within this State.
(2) Terrorist. – A person who commits an act of terror, including a person who acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror or who lends material support to an act of terror.
(b) Any person whose property or person is injured by a terrorist may sue for and recover damages from the terrorist.
(c) Any person who files an action under this section is entitled to recover three times the actual damages sustained or fifty thousand dollars ($50,000), whichever is greater, as well as court costs and attorneys' fees in the trial and appellate courts if the person prevails in the claim.
(d) The rights and remedies provided by this section are in addition to any other rights and remedies provided by law. (2015-215, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43B - Defense of Charitable Immunity Abolished; and Qualified Immunity for Volunteers. › § 1-539.9 - Defense abolished as to actions arising after September 1, 1967.

§ 1-539.9. Defense abolished as to actions arising after September 1, 1967.
The common-law defense of charitable immunity is abolished and shall not constitute a valid defense to any action or cause of action arising subsequent to September 1, 1967. (1967, c. 856.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43B - Defense of Charitable Immunity Abolished; and Qualified Immunity for Volunteers. › § 1-539.10 - Immunity from civil liability for volunteers.

§ 1-539.10. Immunity from civil liability for volunteers.
(a) A volunteer who performs services for a charitable organization or a volunteer engaged in providing emergency services is not liable in civil damages for any acts or omissions resulting in any injury, death, or loss to person or property arising from the volunteer services rendered if:
(1) The volunteer was acting in good faith and the services rendered were reasonable under the circumstances; and
(2) The acts or omissions do not amount to gross negligence, wanton conduct, or intentional wrongdoing.
(3) The acts or omissions did not occur while the volunteer was operating or responsible for the operation of a motor vehicle.
(b) To the extent that any charitable organization or volunteer has liability insurance, that charitable organization or volunteer shall be deemed to have waived the qualified immunity herein to the extent of indemnification by insurance for the negligence by any volunteer.
(c) Nothing herein shall be construed to alter the standard of care requirement or liability of persons rendering professional services. (1987, c. 505, s. 1(2); 2005-273, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43B - Defense of Charitable Immunity Abolished; and Qualified Immunity for Volunteers. › § 1-539.11 - Definitions.

§ 1-539.11. Definitions.
As used in this Article:
(1) "Charitable Organization" means an organization that has humane and philanthropic objectives, whose activities benefit humanity or a significant rather than limited segment of the community without expectation of pecuniary profit or reward and is exempt from taxation under either G.S. 105-130.11(a)(3) or G.S. 105-130.11(a)(5) or Section 501(c)(3) of the Internal Revenue Code of 1954.
(1a) "Emergency services" means the preparation for and the carrying out of functions to prevent, minimize, and repair injury and damage resulting from natural or man-made disasters and all other activities necessary or incidental to the preparation for and carrying out of these functions. These functions include firefighting services, police services, medical and health services, rescue services, engineering services, land surveying services, warning services and communications, radiological, chemical and other special weapons defense services, evacuation of persons from stricken areas, emergency welfare services, including providing emergency shelter, emergency transportation, and emergency resource management services, existing or properly assigned plant protection services, temporary restoration of public utility services, services performed as a function of a Medical Reserve Corps (MRC) unit or a Community Emergency Response Team (CERT), and other functions related to civilian protection, including the administration of approved State and federal disaster recovery and assistance programs.
(2) "Volunteer" means an individual, serving as a direct service volunteer performing services for a charitable, nonprofit organization, who does not receive compensation, or anything of value in lieu of compensation, for the services, other than reimbursement for expenses actually incurred or any person providing emergency services without any financial gain. (1987, c. 505, s. 1(2); 2005-273, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43B - Defense of Charitable Immunity Abolished; and Qualified Immunity for Volunteers. › § 1-539.12 - Immunity from civil liability for employers disclosing information.

§ 1-539.12. Immunity from civil liability for employers disclosing information.
(a) An employer who discloses information about a current or former employee's job history or job performance to a prospective employer of the current or former employee upon request of the prospective employer or upon request of the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure. This immunity shall not apply when a claimant shows by a preponderance of the evidence both of the following:
(1) The information disclosed by the current or former employer was false.
(2) The employer providing the information knew or reasonably should have known that the information was false.
(b) For purposes of this section, "job performance" includes:
(1) The suitability of the employee for re-employment;
(2) The employee's skills, abilities, and traits as they may relate to suitability for future employment; and
(3) In the case of a former employee, the reason for the employee's separation.
(c) The provisions of this section apply to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with the provisions of this section. For the purposes of this section, "employer" also includes a job placement service but does not include a private personnel service as defined in G.S. 95-47.1 except as provided hereinafter. The provisions of this section apply to a private personnel service as defined in G.S. 95-47.1 only to the extent that the service conveys information derived from credit reports, court records, educational records, and information furnished to it by the employee or prior employers and the service identifies the source of the information.
(d) This section does not affect any privileges or immunities from civil liability established by another section of the General Statutes or available at common law. (1997-478, s. 1; 2021-82, s. 4(b).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43C - Actions Pertaining to Local Units of Government. › § 1-539.16 - Notice of claims against local units of government.

§ 1-539.16. Notice of claims against local units of government.
No local act, including city charters, shall require a notice to a local unit of government of any claim against it and prohibit suit against the local unit if notice is not given or limit the period during which an action may be brought on such a claim after notice has been given. (1981, c. 777, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43D - Abolition of Parent-Child Immunity in Motor Vehicle Cases. › § 1-539.21 - Abolition of parent-child immunity in motor vehicle cases.

§ 1-539.21. Abolition of parent-child immunity in motor vehicle cases.
The relationship of parent and child shall not bar the right of action by a person or his estate against his parent or child for wrongful death, personal injury, or property damage arising out of operation of a motor vehicle owned or operated by the parent or child. (1975, c. 685, s. 1; 1985, c. 201; 1989, c. 782, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 43F - Immunity for Damage to Vehicle. › § 1-539.27 - Immunity from civil liability for damage to railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft necessary for assistance.

§ 1-539.27. Immunity from civil liability for damage to railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft necessary for assistance.
Any person who enters or attempts to enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind shall not be liable in civil damages for any damage to the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind if one or more of the following circumstances exist:
(1) The person acts in good faith to access a person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind in order to provide first aid or emergency health care treatment or because the person inside is, or is in imminent danger of becoming unconscious, ill, or injured.
(2) It is reasonably apparent that the circumstances require prompt decisions and actions in medical care, other health care, or other assistance.
(3) The necessity of immediate health care treatment or removal of the person from the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is so reasonably apparent that any delay in the rendering of treatment or removal would seriously worsen the physical condition or endanger the life of the person.
This section shall not apply to any acts of gross negligence, wanton conduct, or intentional wrongdoing. (2015-286, s. 3.4(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44 - Compromise. › § 1-540 - By agreement receipt of less sum is discharge.

§ 1-540. By agreement receipt of less sum is discharge.
In all claims, or money demands, of whatever kind, and howsoever due, where an agreement is made and accepted for a less amount than that demanded or claimed to be due, in satisfaction thereof, the payment of the less amount according to such agreement in compromise of the whole is a full and complete discharge of the same. (1874-5, c. 178; Code, s. 574; Rev., s. 859; C.S., s. 895.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44 - Compromise. › § 1-540.1 - Effect of release of original wrongdoer on liability of physicians and surgeons for malpractice.

§ 1-540.1. Effect of release of original wrongdoer on liability of physicians and surgeons for malpractice.
The compromise settlement or release of a cause of action against a person responsible for a personal injury to another shall not operate as a bar to an action by the injured party against a physician or surgeon or other professional practitioner treating such injury for the negligent treatment thereof, unless the express terms of the compromise, settlement or release agreement given by the injured party to the person responsible for the initial injury provide otherwise. (1961, c. 212.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44 - Compromise. › § 1-540.2 - Settlement of property damage claims arising from motor vehicle collisions or accidents; same not to constitute admission of liability, nor bar party seeking damages for bodily injury or death.

§ 1-540.2. Settlement of property damage claims arising from motor vehicle collisions or accidents; same not to constitute admission of liability, nor bar party seeking damages for bodily injury or death.
In any claim, civil action, or potential civil action which arises out of a motor vehicle collision or accident, settlement of any property damage claim arising from such collision or accident, whether such settlement be made by an individual, a self-insurer, or by an insurance carrier under a policy of insurance, shall not constitute an admission of liability on the part of the person, self-insurer or insurance carrier making such settlement, which arises out of the same motor vehicle collision or accident. It shall be incompetent for any claimant or party plaintiff in the said civil action to offer into evidence, either by oral testimony or paper writing, the fact that a settlement of the property damage claim arising from such collision or accident has been made; provided further, that settlement made of such property damage claim arising out of a motor vehicle collision or accident shall not in and of itself act as a bar, release, accord and satisfaction, or discharge of any claims other than the property damage claim, unless by the written terms of a properly executed settlement agreement it is specifically stated that the acceptance of said settlement constitutes full settlement of all claims and causes of action arising out of the said motor vehicle collision or accident. (1967, c. 662, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44A - Tender. › § 1-543.1 - Service of order of tender; return.

§ 1-543.1. Service of order of tender; return.
In all matters in which it is proper or necessary to make or serve a tender, the clerk of the superior court in the county in which the tender is to be made shall, upon request of the tendering party, direct the sheriff of said county to serve an order of tender, together with the property to be tendered, upon the party or parties upon whom said tender is to be made. In the event said property is incapable of being manually tendered, said order of tender shall so state and service of said order tendering same shall have the same legal effect as if the property had been manually tendered. Within five days after receipt of the order, the sheriff shall make his return thereon, showing upon whom the same was served, the date and hour of service, the property tendered, and whether or not said tender was accepted, or that, after due diligence, the party or parties upon whom service was to be made could not be found within the county. He shall then return said order of tender to the clerk who issued it, and this shall constitute proper tender. Nothing in this section shall be construed to prevent other methods of tender or tender by any party to an action in open court upon any other party to said action. (1965, c. 699.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44B - Structured Settlement Protection Act. › § 1-543.13 - Jurisdiction.

§ 1-543.13. Jurisdiction.
(a) Where the structured settlement agreement was entered into after commencement of litigation or administrative proceedings in this State, the court or administrative agency where the action was pending shall have exclusive jurisdiction over any application for authorization under this Article of a transfer of structured settlement payment rights.
(b) Where the structured settlement agreement was entered into prior to the commencement of litigation or administrative proceedings, or after the commencement of litigation outside this State, the Superior Court Division of the General Court of Justice shall have nonexclusive original jurisdiction over any application for authorization under this Article of a transfer of structured settlement payment rights. (1999-367, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44B - Structured Settlement Protection Act. › § 1-543.14 - Procedure for approval of transfers.

§ 1-543.14. Procedure for approval of transfers.
(a) Where the structured settlement agreement was entered into after the commencement of litigation or administrative proceedings in this State, the application for authorization of a transfer of structured settlement rights shall be filed with the court or administrative agency where the settled claim was pending as a motion in the cause.
(b) Where the structured settlement agreement was entered into prior to the commencement of litigation or administrative proceedings, or after the commencement of litigation or administrative proceedings outside this State, the application for authorization of a transfer of structured settlement payment rights shall be filed in the superior court with proper venue pursuant to Article 7 of this Chapter. The nature of the action shall be a special proceeding governed by the provisions of Article 33 of this Chapter.
(c) Not less than 30 days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under this Article, the transferee shall file with the proper court or responsible administrative authority and serve on any other government authority which previously approved the structured settlement, on all interested parties as defined in G.S. 1-543.11(4), and on the Attorney General, a notice of the proposed transfer and the application for its authorization, including in such notice:
(1) A copy of the transferee's application;
(2) A copy of the transfer agreement;
(3) A copy of the disclosure statement required under G.S. 1-543.12(a)(2);
(4) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(5) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority.
(d) The Attorney General shall have standing to raise, appear, and be heard on any matter relating to an application for authorization of a transfer of structured settlement payment rights under this Article. (1999-367, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 44B - Structured Settlement Protection Act. › § 1-543.15 - No waiver; penalties.

§ 1-543.15. No waiver; penalties.
(a) The provisions of this Article may not be waived.
(b) Any payee who has transferred structured settlement payment rights to a transferee without complying with this Article may bring an action against the transferee to recover actual monetary loss or for damages up to five thousand dollars ($5,000) for the violation by the transferee, or bring actions for both. The payee is entitled to attorneys' fees and costs incurred to enforce this Article. In addition, all unpaid structured settlement payment rights transferred in violation of this Article by any transferee shall be reconveyed to the payee.
(c) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any failure of such transfer to satisfy the conditions of this Article. (1999-367, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.30 - Preamble and short title.

§ 1-567.30. Preamble and short title.
It is the policy of the State of North Carolina to promote and facilitate international trade and commerce, and to provide a forum for the resolution of disputes that may arise from participation therein. Pursuant to this policy, the purpose of this Article is to encourage the use of arbitration or conciliation as a means of resolving such disputes, to provide rules for the conduct of arbitration or conciliation proceedings, and to assure access to the courts of this State for legal proceedings ancillary to such arbitration or conciliation. This Article shall be known as the North Carolina International Commercial Arbitration and Conciliation Act. (1991, c. 292, s. 1; 1997-368, ss. 1, 2, 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.32 - Definitions and rules of interpretation.

§ 1-567.32. Definitions and rules of interpretation.
(a) The following definitions apply in this Article:
(1) Arbitral award. – Any decision of an arbitral tribunal on the substance of a dispute submitted to it, and includes an interlocutory or partial award.
(2) Arbitral tribunal. – A sole arbitrator or a panel of arbitrators.
(3) Arbitration. – Any arbitration, whether or not administered by a permanent arbitral institution.
(3a) Court. – A court of competent jurisdiction in this State.
(4) Party. – A party to an arbitration agreement.
(5) Repealed by Session Laws 2017-171, s. 1, effective October 1, 2017, and applicable to agreements entered into, renewed, or modified on or after that date.
(6) Record. – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.
(b) Where a provision of this Article, except G.S. 1-567.58, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.
(c) Where a provision of this Article refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement.
(d) Where a provision of this Article, other than in G.S. 1-567.55(1) and G.S. 1-567.62(b)(1), refers to a claim, it also applies to a counterclaim or setoff, and where it refers to a defense, it also applies to a defense to a counterclaim or setoff. (1991, c. 292, s. 1; 2017-171, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.33 - Receipt of written communications or submissions.

§ 1-567.33. Receipt of written communications or submissions.
(a) Unless otherwise agreed in a record by the parties, any written communication or submission is deemed to have been received if it is delivered to the addressee personally or if it is delivered at the addressee's place of business, domicile, or mailing address, and the communication or submission is deemed to have been received on the day it is delivered. Unless otherwise agreed in a record by the parties, delivery by facsimile transmission or electronic transmission, if in a record, shall constitute valid receipt if the communication or submission is in fact received, and the receipt is in a record.
(b) If none of the places referred to in subsection (a) can be found after making reasonable inquiry, a written communication or submission is deemed to have been received if it is sent to the addressee's last known place of business, domicile, or mailing address by registered mail, certified mail, or any other means that provide a record of the attempt to deliver it.
(c) The provisions of this Article do not apply to a written communication or submission relating to a court, administrative, or special proceeding. (1991, c. 292, s. 1; 2017-171, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.33A - Severability.

§ 1-567.33A. Severability.
In the event any provision of this act is held to be invalid, the court's holding as to that provision shall not affect the validity or operation of other provisions of the act; and to that end the provisions of the act are severable. (1991, c. 292, s. 1; 1997-368, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.34 - Waiver of right to object.

§ 1-567.34. Waiver of right to object.
A party who knows that any provision of this Article or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating an objection to such noncompliance without undue delay or, if a time limit is provided therefor, within that period of time, shall be deemed to have waived any right to object. (1991, c. 292.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.35 - Extent of court intervention.

§ 1-567.35. Extent of court intervention.
In matters governed by this Article, no court shall intervene except where so provided in this Article or applicable federal law or any applicable international agreement in force between the United States of America and any other nation or nations. (1991, c. 292.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 45B - International Commercial Arbitration and Conciliation. › § 1-567.36 - Venue and jurisdiction of courts.

§ 1-567.36. Venue and jurisdiction of courts.
(a) The functions referred to in G.S. 1-567.41(c) and (d), 1-567.44(b), 1-567.46(c), and 1-567.57 shall be performed by the court in the following county:
(1) The county where the arbitration agreement is to be performed or was made.
(2) If the arbitration agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in North Carolina, the county where any party to the court proceeding resides or has a place of business.
(3) In any case not covered by subdivision (1) or (2) of this subsection, in any county in North Carolina.
(b) All other functions assigned by this Article to the court shall be performed by the court of the county in which the place of arbitration is located. (1991, c. 292, s. 1; 2017-171, s. 1; 2023-46, s. 1.)