Articles related to magistrates

Legislative Roundup: Recent Changes Affecting Small Claims, Summary Ejectment, Magistrates, and Real Property Crimes (December 15, 2024)

The end of the year is always a good time to look back and reflect. The close of 2024 offers an opportunity to examine recent legislative developments affecting small claims […]

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How Does New Legislation Addressing “Transient Occupancy” Impact the Landlord-Tenant Analysis in Summary Ejectment? (July 12, 2023)

Every magistrate has picked up the phone to a caller who is staying at a hotel asking if he is a tenant or a hotel guest. If it is not the occupant calling, then it is the owner of the hotel asking if they have to evict the occupant or if they can take out trespass charges. Recent legislation, S.L. 2023-5, defines “transient occupancy” in inns, hotels, motels, recreational vehicle parks, campgrounds, and other similar lodgings in a manner that may provide some clarification for callers who are owners and residents of these types of lodgings.

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Update: Specific Personal Jurisdiction at the U.S. Supreme Court and the N.C. Court of Appeals (November 18, 2021)

Personal jurisdiction, as the name implies, refers to the authority of a court over a particular person. In order for a court to have authority over someone in a civil case, three things must exist: (1) effective service of process, (2) a statute allowing the exercise of personal jurisdiction in the case (G.S. 1-75.4, North Carolina’s long-arm statute, is the relevant statute in our state), and (3) compliance with the due process clause of the federal constitution.

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