Case law

State v. Sinnott

24 N.J. 408 · Supreme Court of New Jersey · Jun 3, 1957

Obviously, the jurors were cognizant of this meaning of “T,” and the report clearly states in what columns it is to apply. … Doctor, are you qualified to pass upon the question, if you know, of whether a person has sexual deviations or sexual deviation traits? * * X * * * * :is Q.

Soronen v. Olde Milford Inn, Inc.

46 N.J. 582 · Supreme Court of New Jersey · Apr 4, 1966

At the retrial the plaintiff again presented her evidence to establish that the decedent was visibly intoxicated when served by Frei. … The crucial line between civil responsibility and nonresponsibility is legally clear and should be clearly conveyed to the jury.

Gaede v. Carroll

114 N.J. Eq. 524 · Supreme Court of New Jersey · Nov 5, 1933

Complainant qualified as executor and has since been acting as such executor. Testator left him surviving his widow, Audrey L. … This rule has been uniformly applied in this state, when the testator has not clearly expressed an intention that the life tenant should enjoy the property in specie. In Ackerman’s Adm’rs v. Vreeland’s Ex’r, 14 N. J.

State ex rel. V.A.

212 N.J. 1 · Supreme Court of New Jersey · Sep 12, 2012

And, the Attorney General relied on PTI guidelines when establishing the Guidelines for juvenile waiver decisions by prosecutors. See Guidelines, supra, at 4. … Even in such instances, “the prosecutor is not immune from the ban against arbitrariness in governmental decision-making.” State v. Leonardis (Leonardis II), 73 N.J. 360, 377 , 375 A.2d 607 (1977).

UCJF v. NJ Mfrs. Ins. Co.

138 N.J. 185 · Supreme Court of New Jersey · Nov 23, 1994

The statute established a special method of recovery in the case of "an insured tortfeasor" as opposed to those tortfeasors who are completely uninsured. … The foregoing discussion indicates that the Fund clearly does not have a "subrogation" right against NJM.

State v. Brown

27 N.J.L. 13 · Supreme Court of New Jersey · Feb 15, 1858

In the absence of all conflicting testimony, the documentary evidence establishes the fact that the land conveyed to the canal company was upon the bay, and adjoined the shore line; that the canal, as located and constructed … By the terms of the conveyance the grantees take a qualified fee, liable to be .defeated whenever they cease to use the land for the purpose' specified in the grant/ 1 Inst. 1, b. 27 a; 1 Cruise 79, tit. 1, § 82; 2 Bl.

Doremus v. Bd. of Education of Hawthorne

5 N.J. 435 · Supreme Court of New Jersey · Oct 16, 1950

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … Public officers uniformly qualify by being sworn. The statute (Til. 28, § 453, U. S.

Innes v. Innes

117 N.J. 496 · Supreme Court of New Jersey · Jan 17, 1990

In that event, the income would clearly be a part of the post-judgment alimony base. … Therefore, the recent amendment immunizes plaintiff’s pension from consideration in alimony-modification determinations. *507 This result is consistent with the legislative intent underlying the recent amendment.

State v. Gelman

195 N.J. 475 · Supreme Court of New Jersey · Jul 8, 2008

We cannot rewrite a criminal statute to increase sentencing penalties that do not appear clearly on the face of that statute. … Ignoring clearly set forth definitions contravenes established canons of statutory construction and denies the deference rightly due a co-equal branch of government. [3] Because the majority does not address the second issue

Public Service Electric & Gas Co. v. City of Camden

118 N.J.L. 245 · Supreme Court of New Jersey · May 5, 1937

These dual functions — sovereign and proprietary — are clearly cognate to that principal purpose, and to each other. … It is not of the judicial function to disregard or qualify what reasonably seems to be the legislative will in a proper sphere.

Mistrick v. Division of Medical Assistance & Health Services

154 N.J. 158 · Supreme Court of New Jersey · Jun 8, 1998

During his employment, International Specialty Products had not offered a company pension plan but had established the GAFCAP 401 (k) program that Joseph used as a retirement account. … Each applicant must satisfy the criteria for eligibility established by the state in which the applicant lives. Id. at 485, 659 A.2d 450 (citing Schweiker v.

The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC

230 N.J. 427 · Supreme Court of New Jersey · Sep 14, 2017

Having set forth that straightforward standard, the Fox Court added some equitable qualifiers: [I]f a defendant can establish (a) that the lapse of time between the expiration of two years … Clearly, defendants are no worse off in presenting a defense if the six-year limitations period commenced on June 13, 2007, rather than on May 2, 2008.

ABBOTT BY ABBOTT v. Burke

149 N.J. 145 · Supreme Court of New Jersey · May 14, 1997

Clearly the delivery of an adequate education requires efficiency in spending. … Once again, the statute does not disclose the basis for those numbers. 24 In order to receive ECPA, a district is required to submit an “operational plan” that must establish qualifying programs by the 2001-2002 school year

State v. Rahsjahn Courtney(082857)(Somerset County & Statewide)

Supreme Court of New Jersey · Jul 7, 2020

During plea negotiations, the State alerted the court and defendant that defendant qualified for a mandatory extended term under N.J.S.A. 2C:43-6(f). … Clearly, Section 12 governed this plea.

In the Matter of the Civil Commitment of R.F. Svp 490-08

217 N.J. 152 · Supreme Court of New Jersey · Mar 19, 2014

The panel concluded “that the record does not support the trial court’s determination that R.F. does not qualify for [SVPA] commitment.” … Moreover, we cannot say that Judge Perretti clearly erred by accepting the opinion of Dr.

New Jersey Election Law Enforcement Commission v. Citizens to Make Mayor-Council Government Work

107 N.J. 380 · Supreme Court of New Jersey · Jun 25, 1987

, * * * or by deciding an issue of first impression whose resolution was not clearly foreshadowed * * *. … The demise of that immunity had been foreshadowed, at least in part, for several years.” Id. at 399 (footnote omitted).

Ridgefield Park Education Ass'n v. Ridgefield Park Board of Education

78 N.J. 144 · Supreme Court of New Jersey · Aug 2, 1978

A. 34:13A-5.3, which establishes the primacy of the negotiated grievance procedures in dispute resolution: Notwithstanding any procedures for the resolution of disputes, controversies or grievances established by any other … Our holding herein is that L. 1974, c. 133 did not clearly indicate a legislative intent to create a permissive category of negotiations.

McKelway v. Seymour

29 N.J.L. 321 · Supreme Court of New Jersey · Feb 15, 1862

That whatever part is not found necessary, and shall not be actually so used, shall revert, clearly implying that, if necessary and actually so used, it shall not so revert, although used also for other purposes. 2. … The plaintiff, then, had no right of entry upon the lands, so long as the qualified fee of the water power company remained.

Rosencrans v. Fry

12 N.J. 88 · Supreme Court of New Jersey · Mar 30, 1953

The decedent’s widow was named executrix of the will and qualified as such on April 3, 1945, and Ery and the widow qualified on the same day as trustees of the trust created by the 19th paragraph of the will. … Fry qualified as ancillary executor in Florida.

State v. Simon

161 N.J. 416 · Supreme Court of New Jersey · Aug 11, 1999

If the jury’s verdict was based on a conclusion that defendant intended to cause the victim serious bodily injury, defendant’s Pennsylvania conviction clearly would have been admissible as a prior “murder” conviction. … A prior conviction for aggravated manslaughter does not qualify as a prior murder conviction under N.J.S.A. 2C:11-3c(4)(a). See State v.