Skip to content

WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word North Carolina law uses, what it actually means, and the misreading it usually collects.

56 terms

A

Arrest

Complete when the person submits to an officer who has indicated an intention to arrest, or when the officer takes the person into custody by physical force; the officer then says it is an arrest and why, unless the cause is evident.

Also called under arrest

Complete when the person submits to an officer who has indicated an intention to arrest, or when the officer takes the person into custody by physical force; the officer then says it is an arrest and why, unless the cause is evident.

B

Breach of the peace

The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.

Also called self help repossession limit

The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.

What it is not

The section does not define it or list the acts that cross it. What crosses that line is decided by courts, case by case.

C

Cause to suspect

What starts the duty of any person or institution to report a juvenile who is abused, neglected or dependent, or has died as a result of maltreatment, to the director of the department of social services in the county where the juvenile lives or is found.

Also called mandated reporter, child abuse report

What starts the duty of any person or institution to report a juvenile who is abused, neglected or dependent, or has died as a result of maltreatment, to the director of the department of social services in the county where the juvenile lives or is found.

What it is not

The duty is not only on professionals. Any person or institution that knowingly or wantonly fails to report is guilty of a Class 1 misdemeanor.

Child passenger restraint system

A weight appropriate restraint meeting the federal standards in force when it was made, required for a child less than eight years of age and less than 80 pounds.

Also called car seat, booster seat

A weight appropriate restraint meeting the federal standards in force when it was made, required for a child less than eight years of age and less than 80 pounds.

What it is not

A violation is not negligence per se, and is not evidence of negligence or contributory negligence.

Class A1 misdemeanor

The highest misdemeanor class. An assault becomes one when it inflicts serious injury, uses a deadly weapon, is by a male at least 18 on a female, or is against a child under 12, among the other cases listed.

Also called assault on a female, aggravated misdemeanor

The highest misdemeanor class. An assault becomes one when it inflicts serious injury, uses a deadly weapon, is by a male at least 18 on a female, or is against a child under 12, among the other cases listed.

Collection by affidavit

Collecting the personal property of a person who died without a will, worth not more than twenty thousand dollars less liens and encumbrances, without a personal representative being appointed. An heir, a creditor or the public administrator may do it at any time after 30 days from the date of death.

Also called small estate affidavit, small estate

Collecting the personal property of a person who died without a will, worth not more than twenty thousand dollars less liens and encumbrances, without a personal representative being appointed. An heir, a creditor or the public administrator may do it at any time after 30 days from the date of death.

What it is not

The limit is not the same for everyone. A surviving spouse who is the sole heir may collect up to thirty thousand dollars in value, after any spousal allowance.

Concealed handgun permit

The permit, valid statewide for five years, the sheriff issues to an applicant 21 or older who has lived in the state 30 days and completed an approved safety and training course, among the other criteria.

Also called CHP, carry permit

The permit, valid statewide for five years, the sheriff issues to an applicant 21 or older who has lived in the state 30 days and completed an approved safety and training course, among the other criteria.

What it is not

A holder carrying concealed tells any officer who approaches that they hold a permit and are carrying, and shows the permit on request.

Concealment of merchandise

Willfully concealing a store's unpurchased goods while still on the premises, a misdemeanor; goods found concealed on the person are evidence of willful concealment.

Also called shoplifting

Willfully concealing a store's unpurchased goods while still on the premises, a misdemeanor; goods found concealed on the person are evidence of willful concealment.

What it is not

A merchant who detains a person reasonably, for a reasonable time, with probable cause, is not civilly liable for the detention.

Conditional discharge

Probation without a judgment of guilt for a person with no earlier felony or drug conviction found guilty of misdemeanor possession, paraphernalia possession, or felony possession; completing it means discharge and dismissal.

Also called first offender program, 90-96

Probation without a judgment of guilt for a person with no earlier felony or drug conviction found guilty of misdemeanor possession, paraphernalia possession, or felony possession; completing it means discharge and dismissal.

What it is not

A discharge and dismissal is not a conviction.

Copy fee

The reasonable fee a health care provider may charge to cover searching, handling, copying and mailing medical records, up to the maximum the section sets for each request, with a minimum fee of up to ten dollars.

Also called medical records fee, charge for records

The reasonable fee a health care provider may charge to cover searching, handling, copying and mailing medical records, up to the maximum the section sets for each request, with a minimum fee of up to ten dollars.

What it is not

A narrative summary is different. A physician may charge a reasonable professional fee for reviewing the record and preparing one.

Course of conduct

Two or more acts of following, monitoring, observing, surveilling, threatening or communicating to or about a person, or interfering with their property, which stalking is built on.

Also called stalking

Two or more acts of following, monitoring, observing, surveilling, threatening or communicating to or about a person, or interfering with their property, which stalking is built on.

Custody order for examination

An order a clerk of superior court or a magistrate issues, on an affidavit and reasonable grounds, directing a law enforcement officer or other designated person to take a person into custody for examination by a commitment examiner. The person is taken into custody within 24 hours after the order is signed.

Also called IVC, involuntary commitment, mental health hold

An order a clerk of superior court or a magistrate issues, on an affidavit and reasonable grounds, directing a law enforcement officer or other designated person to take a person into custody for examination by a commitment examiner. The person is taken into custody within 24 hours after the order is signed.

What it is not

It does not start only with the police. Anyone who knows of a person who meets the standard may appear, sign an affidavit and petition for the order.

D

Dangerous dog

A dog that without provocation killed or severely injured a person, one found potentially dangerous by the local animal control authority's designee, or one kept for dog fighting; its owner is strictly liable for injuries it inflicts.

Also called potentially dangerous dog

A dog that without provocation killed or severely injured a person, one found potentially dangerous by the local animal control authority's designee, or one kept for dog fighting; its owner is strictly liable for injuries it inflicts.

Dependent spouse

The spouse alimony is paid to, on the court's finding that one spouse is dependent, the other supporting, and an award is equitable.

Also called alimony

The spouse alimony is paid to, on the court's finding that one spouse is dependent, the other supporting, and an award is equitable.

What it is not

A dependent spouse's illicit sexual behavior during the marriage, on or before separation and not condoned, bars alimony outright.

Disorderly conduct

A public disturbance intentionally caused by fighting or violence, or by words, gestures or abusive language intended and plainly likely to provoke violent retaliation, a Class 2 misdemeanor.

Also called disturbing the peace

A public disturbance intentionally caused by fighting or violence, or by words, gestures or abusive language intended and plainly likely to provoke violent retaliation, a Class 2 misdemeanor.

Domestic violence

Causing or attempting bodily injury, placing someone in fear of imminent serious bodily injury or continued harassment, or a sexual offense, against a person by someone with whom they have or had a personal relationship.

Also called 50B, protective order

Causing or attempting bodily injury, placing someone in fear of imminent serious bodily injury or continued harassment, or a sexual offense, against a person by someone with whom they have or had a personal relationship.

What it is not

Self defense is not included.

E

Equitable distribution

The court's division of marital and divisible property, equal by net value unless an equal division is not equitable.

Also called dividing marital property

The court's division of marital and divisible property, equal by net value unless an equal division is not equitable.

What it is not

It has to be asserted before the divorce judgment; an absolute divorce otherwise destroys the right.

F

First aid or emergency treatment

Help a person gives voluntarily and without expectation of compensation to someone unconscious, ill or injured when delay would seriously worsen their condition or endanger their life. The person is not liable for resulting injury or death unless it was caused by gross negligence, wanton conduct or intentional wrongdoing.

Also called Good Samaritan, helping at an accident

Help a person gives voluntarily and without expectation of compensation to someone unconscious, ill or injured when delay would seriously worsen their condition or endanger their life. The person is not liable for resulting injury or death unless it was caused by gross negligence, wanton conduct or intentional wrongdoing.

What it is not

It does not cover care given in the normal and ordinary course of a person's business or profession.

Fit and habitable

The condition the landlord makes all repairs needed to put and keep the premises in, complying with building and housing codes and keeping the systems and supplied appliances in good working order.

Also called habitability, repairs

The condition the landlord makes all repairs needed to put and keep the premises in, complying with building and housing codes and keeping the systems and supplied appliances in good working order.

What it is not

Accepting poor conditions, before signing or after, does not release the landlord from these duties.

Fleeing to elude

Driving while fleeing or trying to elude an officer in the lawful performance of duty, a Class 1 misdemeanor, and a Class H felony with two or more aggravating factors present.

Also called running from police, police chase

Driving while fleeing or trying to elude an officer in the lawful performance of duty, a Class 1 misdemeanor, and a Class H felony with two or more aggravating factors present.

G

General account

The record a public body keeps of a closed session, alongside full and accurate minutes, so that a person not in attendance would have a reasonable understanding of what transpired.

Also called closed session minutes

The record a public body keeps of a closed session, alongside full and accurate minutes, so that a person not in attendance would have a reasonable understanding of what transpired.

What it is not

It is a public record, though the account of a lawful closed session may be withheld so long as inspection would frustrate its purpose.

Good cause attributable to the employer

The reason a person who left work has to show to avoid disqualification. A one sided, permanent cut of more than 50 percent in hours, or more than 15 percent in pay, is presumed to be one.

Also called quitting for good cause

The reason a person who left work has to show to avoid disqualification. A one sided, permanent cut of more than 50 percent in hours, or more than 15 percent in pay, is presumed to be one.

H

Hazing

Subjecting a student to physical or serious psychological injury as part of an initiation into, or a prerequisite to membership in, an organized school group, including a society, athletic team, fraternity or sorority.

Also called initiation, pledging

Subjecting a student to physical or serious psychological injury as part of an initiation into, or a prerequisite to membership in, an organized school group, including a society, athletic team, fraternity or sorority.

What it is not

It is not graded the same for everyone. A student who hazes commits a Class A1 misdemeanor, and school personnel who haze commit a Class I felony.

Homestead exemption

The part of a debtor's interest in the home they or a dependent live in kept from creditors, up to $35,000, or $60,000 for an unmarried debtor 65 or older whose co owner has died.

Also called exempt property

The part of a debtor's interest in the home they or a dependent live in kept from creditors, up to $35,000, or $60,000 for an unmarried debtor 65 or older whose co owner has died.

I

Impaired driving

Driving while under the influence of an impairing substance, after consuming enough alcohol to have a concentration of 0.08 or more, or with any amount of a Schedule I controlled substance in the blood or urine.

Also called DWI, drunk driving

Driving while under the influence of an impairing substance, after consuming enough alcohol to have a concentration of 0.08 or more, or with any amount of a Schedule I controlled substance in the blood or urine.

What it is not

Being legally entitled to use alcohol or a drug is not a defense.

Intestate succession

Who inherits when a person dies without a will. The surviving spouse's share is set separately for real property and for personal property, and in each case depends on who else survives.

Also called dying without a will, intestate, heirs

Who inherits when a person dies without a will. The surviving spouse's share is set separately for real property and for personal property, and in each case depends on who else survives.

What it is not

The spouse does not always take everything. The spouse takes all of it only when there are no descendants and no parent.

L

Larceny

Theft, a Class 1 misdemeanor where the goods are worth $1,000 or less, and a Class H felony above that or when taken from the person, whatever the value.

Also called theft, stealing

Theft, a Class 1 misdemeanor where the goods are worth $1,000 or less, and a Class H felony above that or when taken from the person, whatever the value.

Late fee

A charge allowed only when rent is five calendar days or more late; for monthly rent it cannot exceed $15 or 5 percent of the rent, whichever is greater.

Also called late charge

A charge allowed only when rent is five calendar days or more late; for monthly rent it cannot exceed $15 or 5 percent of the rent, whichever is greater.

What it is not

It may be charged only once for each late payment, and cannot be taken out of the next payment so as to put that payment in default.

Law enforcement recording

A recording by a body worn camera, dashboard camera or other device during law enforcement duties, which is not a public record. A person whose image or voice is in it may ask in writing to view it.

Also called body camera footage, dashcam

A recording by a body worn camera, dashboard camera or other device during law enforcement duties, which is not a public record. A person whose image or voice is in it may ask in writing to view it.

What it is not

Viewing is not a copy. A copy is released only by court order, and a person shown a recording may not record or copy it.

Liquidated damages

An amount equal to the unpaid wages that the court awards on top of them, unless the employer shows good faith and reasonable grounds.

Also called double wages

An amount equal to the unpaid wages that the court awards on top of them, unless the employer shows good faith and reasonable grounds.

M

Misconduct

Willful or wanton disregard of the employer's interest, deliberately breaking standards the employer can expect, or carelessness so serious or repeated that it shows intentional disregard; it disqualifies a claimant from benefits.

Also called fired for cause

Willful or wanton disregard of the employer's interest, deliberately breaking standards the employer can expect, or carelessness so serious or repeated that it shows intentional disregard; it disqualifies a claimant from benefits.

N

Nonviolent offense

Any offense except, among others, a Class A through G felony or a Class A1 misdemeanor, an offense with assault as an element, or one requiring sex offender registration; nonviolent convictions can be expunged after the waiting periods the section sets.

Also called expungement eligible

Any offense except, among others, a Class A through G felony or a Class A1 misdemeanor, an offense with assault as an element, or one requiring sex offender registration; nonviolent convictions can be expunged after the waiting periods the section sets.

What it is not

Impaired driving offenses are not eligible.

Notice to quit

The notice ending a periodic tenancy: seven days for month to month, two days for week to week, and one month or more before the end of the year for year to year.

Also called notice to leave, end of tenancy notice

The notice ending a periodic tenancy: seven days for month to month, two days for week to week, and one month or more before the end of the year for year to year.

What it is not

A space rented for a manufactured home gets at least 60 days before the end of the rental period, whatever the term.

O

Official meeting

A gathering at any time or place, or a simultaneous conference by telephone or other electronic means, of a majority of the members of a public body for the purpose of conducting hearings, deliberating, voting or otherwise transacting public business.

Also called open meeting, public meeting

A gathering at any time or place, or a simultaneous conference by telephone or other electronic means, of a majority of the members of a public body for the purpose of conducting hearings, deliberating, voting or otherwise transacting public business.

What it is not

A social meeting or other informal gathering of members is not one, unless it is called or held to evade the spirit and purposes of the law.

Open container

An alcoholic beverage in the passenger area in anything other than the unopened original container. For the driver it is a crime only together with drinking or alcohol remaining in the body.

Also called alcohol in the car

An alcoholic beverage in the passenger area in anything other than the unopened original container. For the driver it is a crime only together with drinking or alcohol remaining in the body.

What it is not

Separately, anyone possessing or drinking an opened beverage in the passenger area commits an infraction, and only that person is charged.

P

Pretrial release

Release before trial on at least one of the conditions the statute lists: an unsecured appearance bond, custody of a supervising person, a secured bond, or house arrest with a secured bond.

Also called bail, bond, secured bond

Release before trial on at least one of the conditions the statute lists: an unsecured appearance bond, custody of a supervising person, a secured bond, or house arrest with a secured bond.

What it is not

A written promise to appear is no longer on the list; it was repealed effective December 1, 2025.

Protected tenant

A tenant who may end a rental agreement by written notice effective at least 30 days after the landlord receives it, with a copy of a qualifying protective order, criminal order or Address Confidentiality Program card.

Also called domestic violence lease termination

A tenant who may end a rental agreement by written notice effective at least 30 days after the landlord receives it, with a copy of a qualifying protective order, criminal order or Address Confidentiality Program card.

Public record

Any document, recording or data, in any form, made or received in connection with public business by a state or local government office; the law calls public records the property of the people.

Also called public records law

Any document, recording or data, in any form, made or received in connection with public business by a state or local government office; the law calls public records the property of the people.

What it is not

No one asking is required to say why.

Public vehicular area

One of the places, besides a highway or street, where impaired driving and the under 21 rules apply.

Also called parking lot

One of the places, besides a highway or street, where impaired driving and the under 21 rules apply.

What it is not

The impaired driving offense is not limited to highways.

R

Redeem

To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.

Also called redemption, get the car back

To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.

What it is not

It is not open forever. It ends once the secured party has collected the collateral, disposed of it or contracted to, or accepted it in satisfaction of the debt.

Rent withholding

Keeping back rent over the landlord's failures, which a tenant may not do on their own before a court determines there is a right to do so.

Also called holding back rent

Keeping back rent over the landlord's failures, which a tenant may not do on their own before a court determines there is a right to do so.

Resisting, delaying or obstructing

Willfully and unlawfully resisting, delaying or obstructing a public officer discharging or attempting to discharge an official duty, a Class 2 misdemeanor when the officer is not injured.

Also called RDO, resisting arrest

Willfully and unlawfully resisting, delaying or obstructing a public officer discharging or attempting to discharge an official duty, a Class 2 misdemeanor when the officer is not injured.

Retaliatory eviction

A defense in summary ejectment that the landlord's action is substantially in response to a protected act, such as a good faith repair request or complaint, within 12 months before the case was filed.

Also called retaliation

A defense in summary ejectment that the landlord's action is substantially in response to a protected act, such as a good faith repair request or complaint, within 12 months before the case was filed.

What it is not

It is not a bar to every eviction: the landlord may still win where the tenant breached the duty to pay rent and that breach is the reason.

S

Schedule VI

The schedule marijuana is on. Possessing one half of an ounce or less is a Class 3 misdemeanor, with any sentence of imprisonment suspended.

Also called marijuana, weed

The schedule marijuana is on. Possessing one half of an ounce or less is a Class 3 misdemeanor, with any sentence of imprisonment suspended.

What it is not

Tetrahydrocannabinols in a product with a delta 9 concentration of not more than three tenths of one percent on a dry weight basis are not on it.

Second degree trespass

Entering or remaining without authorization after being told not to enter or to leave, or on premises posted against entry in a way reasonably likely to be noticed, a Class 3 misdemeanor.

Also called trespassing, told to leave

Entering or remaining without authorization after being told not to enter or to leave, or on premises posted against entry in a way reasonably likely to be noticed, a Class 3 misdemeanor.

Security breach

What a business notifies each affected person of without unreasonable delay. Whenever affected persons are notified, the Consumer Protection Division of the Attorney General's Office is told too, with the nature of the breach and the number affected.

Also called data breach, breach notice

What a business notifies each affected person of without unreasonable delay. Whenever affected persons are notified, the Consumer Protection Division of the Attorney General's Office is told too, with the nature of the breach and the number affected.

Security deposit

A deposit capped by how often rent is due: two weeks' rent in a week to week tenancy, one and one half months' rent in a month to month tenancy, and two months' rent for longer terms. It comes back with a written itemization within 30 days after the tenancy ends.

Also called deposit

A deposit capped by how often rent is due: two weeks' rent in a week to week tenancy, one and one half months' rent in a month to month tenancy, and two months' rent for longer terms. It comes back with a written itemization within 30 days after the tenancy ends.

What it is not

Nothing may be kept for normal wear and tear, and nothing beyond the landlord's actual damages.

Self help eviction

Removing a residential tenant any way other than through the court procedures of the landlord and tenant chapter, which the state's stated policy forbids.

Also called lockout, changed the locks

Removing a residential tenant any way other than through the court procedures of the landlord and tenant chapter, which the state's stated policy forbids.

What it is not

The tenant recovers actual damages and possession, but not punitive or treble damages or damages for emotional distress.

Separate and apart

The ground for divorce: either spouse may get one once they have lived separate and apart for one year and either has lived in the state for six months.

Also called separation, absolute divorce

The ground for divorce: either spouse may get one once they have lived separate and apart for one year and either has lived in the state for six months.

What it is not

Isolated incidents of sexual intercourse between them do not restart the year.

Small claim

A civil action of up to $10,000, seeking mainly money, the return of property or summary ejectment, assigned to a magistrate.

Also called small claims court, magistrate court

A civil action of up to $10,000, seeking mainly money, the return of property or summary ejectment, assigned to a magistrate.

What it is not

A party who disagrees appeals for a new trial before a district court judge or jury.

Speeding more than 15 over

Driving on a highway more than 15 miles per hour over the limit, or over 80 miles per hour, a Class 3 misdemeanor.

Also called criminal speeding, over 80

Driving on a highway more than 15 miles per hour over the limit, or over 80 miles per hour, a Class 3 misdemeanor.

What it is not

It is a crime, not only an infraction.

Summary ejectment

The court procedure by which a landlord removes a tenant, available after a demand to surrender the premises, when the tenant holds over, breaks a lease term that ends the tenancy, or deserts the premises behind on rent.

Also called eviction, eviction case

The court procedure by which a landlord removes a tenant, available after a demand to surrender the premises, when the tenant holds over, breaks a lease term that ends the tenancy, or deserts the premises behind on rent.

What it is not

Water, sewer or electric charges owed to the landlord cannot be the basis for ending a lease.

U

Unfair and deceptive trade practices

Unfair methods of competition and unfair or deceptive acts in or affecting commerce, which are unlawful; a person injured gets judgment for treble the damages the verdict fixes.

Also called UDTPA, consumer protection

Unfair methods of competition and unfair or deceptive acts in or affecting commerce, which are unlawful; a person injured gets judgment for treble the damages the verdict fixes.

What it is not

Professional services by a member of a learned profession are not commerce under the section.

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed North Carolina attorney answers and a glossary cannot. Current as of September 2026.