Modified Transcript of “Developing Legal Theories in North Carolina” for the Hearing Impaired:
The truth is no two cases are exactly alike.
There are a lot of armchair quarterbacks out there that may be friends, or family members, or someone that’s had some experience in the legal system, and what may be true in their case does not always apply in your case or your type of charges.
- Legal Theories Continue to Develop
- Courts Regularly Review Statutes, Caselaw & Constitutional Protections
- Factual Scenarios Vary & Can Make a Difference in How the Law is Applied
- Laws Change
It’s not just a matter of the differences of facts and what took place. The laws are regularly changing and it’s important to stay apprised of what’s going on. The legislature meets, they change what materials may be admissible or what materials aren’t admissible.
The legislature can meet and decide that certain materials of discovery are to be turned over by the state and others aren’t.
The Courts of Appeals in North Carolina and the United States Supreme Court, the different Courts of Appeal, Supreme Court, they’ll interpret the laws subject to prior cases they’ve heard and also the statutes. It’s this developing thing. There’s no hard and fast rule in every instance.
It can be a complicated legal process, determining the intent of Legislative Drafting and balancing that with the precepts of the North Carolina & United States Constitutions, while at the same time taking into consideration prior Legal Rulings by the Appellate Courts.
SEE RELATED: Is the Constitution a Living, Breathing Thing?
That can be frustrating, I understand that. Clients can say “it sort of seems like you’re trying to shoot at a moving target” and to a certain extent we are; but, that’s why I encourage people to come in, let us look at the facts to the law that we have now and tell you which ones apply and which ones frankly don’t apply.
. . . When we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize or to hope that they had created an organism; it has taken a century and has cost their successors much sweat and blood to prove that they created a nation.
Mr. Justice Holmes in Missouri v. Holland
I understand that how laws are interpreted and whether or not a certain law applies to you or your case can be frustrating, I get that.
I want clients to know that we have your best interests at heart.
We are looking out for you and we’re your biggest fan.
Give us a ring. We look forward to hearing from you.
Bill Powers has been listed in 2015 SuperLawyers North Carolina Magazine. In calendar years 2012, 2013 & 2014, SuperLawyers further included Bill in the “Top 100” Lawyers in North Carolina. In 2013 Bill was listed as “Top 25 in Charlotte” by SuperLawyers North Carolina.
For Membership Information & Criterion for Inclusion to SuperLawyers North Carolina see: https://www.superlawyers.com/north-carolina/lawyer/Bill-Powers/ccf452c7-eeb6-4f0e-98e4-337804e043e8.html
Powers Landreth, pllc in 2015 has been again listed as a “Best Law Firm” by U.S. NEWS & WORLD REPORT. For Member Info & Criterion for Inclusion see: https://bestlawfirms.usnews.com/profile/powers-mccartan-pllc/overview/44550
In 2015 Bill Powers has been included in Best Lawyers of America. For membership info & criterion for inclusion see: https://www.bestlawyers.com/lawyers/bill-powers/78562/
Bill Powers has also been listed in “Top 100 Criminal Defense Lawyers in North Carolina” by The National Trial Lawyers. For member info & criterion for inclusion see: https://www.thenationaltriallawyers.org/profile-view/Bill/Powers/5071/