difference between challenge in North Carolina

2016"The basic distinction is that an as-applied challenge represents a plaintiff's protest against how a statute was applied in the particular context in which plaintiff acted or proposed to act, while a facial challenge represents a plaintiff's contention that a statute is incapable of constitutional application in any context." Frye v. City of Kannapolis, 109 F.Supp.2d 436 , 439 (M.D.N.C.1999).

2016“The basic distinction is that an as-applied challenge represents a plaintiff’s protest against how a statute was applied in the particular context in which plaintiff acted or proposed to act, while a facial challenge represents a plaintiff’s contention that a statute is incapable of constitutional application in any context.” Frye v. City of Kannapolis, 109 F. Supp. 2d 436, 439 (M.D.N.C. 1999).

2023“There is a difference between a challenge to the facial validity of a statute as opposed to a challenge to the statute as applied to a specific party.” State v. Shackelford, 264 N.C.

2023App. 542, 550 , 825 S.E.2d 689, 695 (2018) (brackets and citations omitted).

2009In State v. Montgomery, we explained the difference between waiver and forfeiture of counsel: *102 “Unlike waiver, which requires a knowing and intentional relinquishment of a known right, forfeiture results in the loss of a right regardless of the defendant’s knowledge thereof and irrespective of whether the defendant intended to relinquish the right.” United States v. Goldberg, 67 F.3d 1092, 1100 (3d.

2002See Parrish, 143 N.C.App. at 253 , 547 S.E.2d at 79 (the recovery in a survival action goes to the estate whereas in a wrongful death action, it is distributed pursuant to the Intestate Succession Act).

2002See Parrish, 143 N.C.App. at 253 , 547 S.E.2d at 79 (the recovery in a survival action goes to the estate whereas in a wrongful death action, it is distributed pursuant to the Intestate Succession Act).