overriding principle (North Carolina) · Go Syfert
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overriding principle in North Carolina

8 North Carolina opinions name it 2 courts 1980–2026 1 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Barham v. Barhamgreen
ncctapp · 1997 · cited in 1 North Carolina opinions naming this issue, 2026–2026
1 sentence

2026“The overriding principle in cases determining the correctness of alimony is fairness to all parties.” Barham v. Barham, 127 N.C.

11
Pierce v. Piercegreen
ncctapp · 2008 · cited in 1 North Carolina opinions naming this issue, 2013–2013
2 sentences

2013The overriding principle in cases determining the correctness of alimony is fairness to all parties.” Pierce v. Pierce, 188 N.C.

2013App. 488, 489-90 , 655 S.E.2d 863, 864 (2008) (citations, quotations marks, and brackets omitted).

11
Bolick v. Sunbird Airlines, Inc.green
ncctapp · 1989 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995However, the overriding principle governing admission of records, such as the clerk’s Order, is whether “the sources of information or other circumstances indicate lack of trustworthiness.” Id.; 2 Henry Brandis, Jr., Brandis on North Carolina Evidence § 229 (4th ed. 1993); Bolick v. Sunbird Airlines, Inc., 96 N.C.

1995App. 443, 446 , 386 S.E.2d 76, 77 (1989), aff’d, 327 N.C. 464 , 396 S.E.2d 323 (1990).

11
Beall v. Beallgreen
nc · 1976 · cited in 1 North Carolina opinions naming this issue, 1980–1980
2 sentences

1980Perhaps the overriding principle in determining whether changed circumstances exist, as well as redetermining the correct amount of alimony, is that which the Supreme Court recognized in Beall v. Beall, 290 N.C. 669, 679 , 228 S.E. 2d 407, 413 (1976), that “the question of the correct amount of alimony ... is a question of fairness to all parties.” Plaintiffs final argument concerns the issue of from what date the reduced amount of alimony should be paid, if a substantial change of circumstance is found and a modification order is entered.

1980Perhaps the overriding principle in determining whether changed circumstances exist, as well as redetermining the correct amount of alimony, is that which the Supreme Court recognized in Beall v. Beall, 290 N.C. 669, 679 , 228 S.E. 2d 407, 413 (1976), that “the question of the correct amount of alimony ... is a question of fairness to all parties.” Plaintiffs final argument concerns the issue of from what date the reduced amount of alimony should be paid, if a substantial change of circumstance is found and a modification order is entered.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Cardwell v. Lewis green
scotus · 1974
2 sentences

1987This statement served to reiterate, clarify, and reinforce the Court’s earlier statement in Cardwell v. Lewis, 417 U.S. 583, 595 , 41 L.Ed. 2d 325, 338 , that [ajssuming that probable cause previously existed, we know of no case or principle that suggests that the right to search on probable cause and the reasonableness of seizing a car under exigent circumstances are foreclosed if a warrant was not obtained at the first practicable moment.

1987This statement served to reiterate, clarify, and reinforce the Court’s earlier statement in Cardwell v. Lewis, 417 U.S. 583, 595 , 41 L.Ed. 2d 325, 338 , that [ajssuming that probable cause previously existed, we know of no case or principle that suggests that the right to search on probable cause and the reasonableness of seizing a car under exigent circumstances are foreclosed if a warrant was not obtained at the first practicable moment.

21987–1987
California v. Carney green
scotus · 1985
2 sentences

1987In California v. Carney, 471 U.S. 386 , 85 L.Ed. 2d 406 (1985), the Supreme Court elaborated on its rationale for the warrant exception, saying that warrantless searches of motor vehicles were sanctioned because “the pervasive schemes of regulation, which necessarily lead to reduced expectations of privacy, and the exigencies attendant to ready mobility justify searches without prior recourse to the authority of a magistrate so long as the overriding standard of probable cause is met.” 2 471 U.S. at 392 , 85 L.Ed. 2d at 414 .

1987In California v. Carney, 471 U.S. 386 , 85 L.Ed. 2d 406 (1985), the Supreme Court elaborated on its rationale for the warrant exception, saying that warrantless searches of motor vehicles were sanctioned because “the pervasive schemes of regulation, which necessarily lead to reduced expectations of privacy, and the exigencies attendant to ready mobility justify searches without prior recourse to the authority of a magistrate so long as the overriding standard of probable cause is met.” 2 471 U.S. at 392 , 85 L.Ed. 2d at 414 .

21987–1987
Barham v. Barham green
nc · 1998
1 sentence

2026App. 20, 27 (1997), aff’d, 347 N.C. 570 (1998) (cleaned up).

12026–2026
Simpson v. NORTH CAROLINA LOCAL GOVERNMENT EMPLOYEES'RETIREMENT SYSTEM green
nc · 1988
1 sentence

1995Merritt v. Edwards Ridge, 323 N.C. at 335 , 372 S.E.2d at 562 .

11995–1995
Merritt v. Ridge green
nc · 1988
1 sentence

1995Merritt v. Edwards Ridge, 323 N.C. at 335 , 372 S.E.2d at 562 .

11995–1995
Bolick v. SUNBIRD AIRLINES INC. green
nc · 1990
2 sentences

1995App. 443, 446 , 386 S.E.2d 76, 77 (1989), aff’d, 327 N.C. 464 , 396 S.E.2d 323 (1990).

1995App. 443, 446 , 386 S.E.2d 76, 77 (1989), aff’d, 327 N.C. 464 , 396 S.E.2d 323 (1990).

11995–1995
Pinsker v. Pacific Coast Society of Orthodontists green
cal · 1974
2 sentences

1983In Pinsker v. Pacific Coast Society of Orthodontists, 12 Cal.3d 541 , 116 Cal.Rptr. 245 , 526 P.2d 253 (1974), the California Supreme Court reasoned that professional associations which wield monopoly power and affect sufficiently significant economic and professional concerns are clothed with a "public interest," even though it cannot be said that membership is a strict "economic necessity." The court, following a thorough review of common law precedents in this area, concluded that the overriding principle is that "once it is determined that judicial scrutiny of a particular decision is just

1983In Pinsker v. Pacific Coast Society of Orthodontists, 12 Cal.3d 541 , 116 Cal.Rptr. 245 , 526 P.2d 253 (1974), the California Supreme Court reasoned that professional associations which wield monopoly power and affect sufficiently significant economic and professional concerns are clothed with a "public interest," even though it cannot be said that membership is a strict "economic necessity." The court, following a thorough review of common law precedents in this area, concluded that the overriding principle is that "once it is determined that judicial scrutiny of a particular decision is just

11983–1983

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 50-16.9 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 70 (1974–2024) CA 61 (1972–2026) OH 45 (1983–2026) FL 43 (1961–2025) TX 42 (1982–2023) MI 37 (1966–2026) NY 36 (1956–2024) SC 32 (1986–2023) PA 30 (1966–2026) IL 29 (1964–2020) NJ 28 (1953–2025) MT 23 (1959–2020) VA 23 (1985–2026) WA 22 (1977–2025) MO 16 (1959–2024) IA 14 (1982–2023) WI 13 (1955–2025) TN 12 (1980–2024) MN 11 (1984–2005) OR 10 (1980–2024) CO 9 (1974–2005) CT 9 (1980–2015) MD 9 (1984–2011) NC 8 (1980–2026) AR 7 (1992–2016) MA 7 (1980–2025) KS 7 (1969–2020) UT 7 (1987–2022) KY 6 (1961–2023) RI 6 (2004–2017) NM 5 (1991–2020) ND 4 (1998–2013) GA 4 (1983–2025) ME 4 (1975–2018) AZ 4 (1977–2015) ID 4 (1980–2025) NH 4 (1993–2018) OK 4 (1983–2018) WV 4 (1975–2019) IN 4 (1976–2014) HI 4 (2005–2014) SD 3 (1984–1992) AK 3 (1979–2018) AL 3 (1984–2015) MS 3 (2001–2024) DC 3 (1987–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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