Case law

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.

Estate of Hanges v. Metropolitan Property & Casualty Insurance

202 N.J. 369 · Supreme Court of New Jersey · Jun 21, 2010

In *378 respect of whether decedent’s admittedly hearsay statements to the police recorded in the police report qualified for admission, the trial court reasoned that plaintiff had failed to proffer adequate proof that there … Comm. of Manalapan, 140 N.J. 366, 378 , 658 A.2d 1230 (1995), we consistently have held that “[a] trial court’s interpretation of the law and the legal consequences that flow from established facts are not entitled to any

State v. Smith

32 N.J. 501 · Supreme Court of New Jersey · May 23, 1960

Defense counsel were also authorized to engage, at public expense, the services of a qualified physician to study the autopsy report and assist in the preparation and trial of the case. … It was clearly established that she as well as Smith’s wife was among those interviewed during the interval. Part of this time was also taken up by the detectives and defendants eating.

In Re 1115 Legal Service Care

110 N.J. 344 · Supreme Court of New Jersey · May 24, 1988

The program is said to qualify as a tax-exempt group legal service plan under Section 120 of the Internal Revenue Code, 26 U.S.C. § 120 . … This is made clear by additional information that appears at the bottom of the page containing the letterhead, namely, the. words “A Multi-Employer Funded Legal Service Plan Established Through Collective Bargaining.”

State v. David Bass(072669)

224 N.J. 285 · Supreme Court of New Jersey · Mar 7, 2016

In this case, the trial court properly declined to give the “intruder” charge because the evidence clearly established that defendant voluntarily invited Shabazz and Sinclair into his motel room. … established that defendant invited Shabazz and Sinclair into his motel room.

Hollister v. Fiedler

17 N.J. 239 · Supreme Court of New Jersey · Jan 17, 1955

The judgment of the Superior Court determined that the particular share of stock “was originally held by Jean Hollister to qualify her as a director” of the corporation, “and was held by her in behalf of William C. … Super. 203 (1954), ruled that the plaintiff had not “clearly and conclusively established his right to the judicially enforced acquisition of the stock without the payment of any compensation whatever”; that the “shares of

Hunt v. Chambers

21 N.J.L. 620 · Supreme Court of New Jersey · Jul 15, 1845

He must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but be must have the exclusive right of possession. … Hence, as clearly appears from the books, one joint-tenant or tenant in common cannot alone maintain replevin even against a stranger, much loss can he maintain such action against a co-tenant. Shaw C. J., Barnes v.

IP 97-28 v. Port Authority Employment Relations Panel

194 N.J. 314 · Supreme Court of New Jersey · Apr 9, 2008

First, it argued that, because the Port Authority was created by the exercise of the sovereign powers of two states which retained a significant portion of their immunity in the Instruction, the Appellate Division did not … The standard of review to be applied to decisions by the Panel has, to date, avoided judicial scrutiny in New Jersey. 10 As a preliminary matter, that determination requires consideration of whether the Panel qualifies as

State ex rel. Van Riper v. Parsons

40 N.J.L. 1 · Supreme Court of New Jersey · Feb 15, 1878

exercise all the powers heretofore conferred upon such commissions or commissioners, a board to consist of six persons, namely, one shall be chosen by the electors in each aldermanic district in said city, who shall be a qualified … related; but if a law, based on the same classifications, should provide that the former of such classes should have a certain system of laying out streets, and the latter a different system, such a classification would be clearly

Township of Franklin v. Board of Education

74 N.J. 345 · Supreme Court of New Jersey · Sep 22, 1977

Although the Court allowed a maximum deviation of 11.9%, it clearly announced that such justifications could be of only limited utility. … board had power to appoint a county school superintendent, prepare an annual budget, levy taxes and distribute thosei which were delinquent, take charge of educational programs and supervisory services, employ teachers and establish

Orifice v. Elizabeth Trust Co.

116 N.J.L. 110 · Supreme Court of New Jersey · Jan 31, 1936

This case holds that a general deposit in a bank creates the relationship of debtor and creditor between the bank and the depositor and establishes that if, when and so long as the respondent maintained a general deposit … L. 266, wherein the point of the holding was that a cashier’s check properly endorsed had no substantial distinction, for the purpose of qualifying a bidder on public work, from the certified check required by the conditions

Sheeran v. Nationwide Mutual Insurance Company, Inc.

80 N.J. 548 · Supreme Court of New Jersey · Jul 17, 1979

Under this test the instant statute clearly passes constitutional muster. … Rather, defendant should seek the Commissioner's approval for increased rates. [8] Clearly, defendant is entitled to a reasonable profit. See Helmsley v.

Raritan & Delaware Bay Railroad v. Delaware & Raritan Canal

18 N.J. Eq. 546 · Supreme Court of New Jersey · Nov 15, 1867

But it seems to me that the case now before us is clearly distinguishable, in principle, from tho case cited. … The tax is laid on residents and non-residents alike; citizens of this state, by force of its operation, have neither immunity nor preference.

Hummel v. Reiss

129 N.J. 118 · Supreme Court of New Jersey · Jul 21, 1992

Kelly Hummel was born with severe brain defects on October 13, 1971, fifteen months before the United States Supreme Court established a woman’s qualified right to an abortion in Roe v. … Wade clearly establishes that a woman possesses a constitutional right to decide whether her fetus should be aborted * * *.

Zimmerman v. Board of Education of City of Newark

38 N.J. 65 · Supreme Court of New Jersey · Jun 29, 1962

J., at p. 388) and that "the teachers’ conduct before the Congressional subcommittee reasonably calls for a fitness inquiry during which the teachers have a duty of cooperation and an affirmative burden in the establishment … Such a reading would clearly detract from the statutory purpose. Our former Supreme Court had occasion to interpret the word “employment” contained in 'N. J. S.

Regal Oil Co. v. New Jersey

123 N.J.L. 456 · Supreme Court of New Jersey · Dec 5, 1939

First: The legal principles involved are rather well established. … Ed. 747, 754 , “* * * nothing is more clearly settled than that it is beyond the power of a state, ‘under the guise of protecting the public, arbitrarily to interfere with private business or prohibit lawful occupations or

State v. Kociolek

23 N.J. 400 · Supreme Court of New Jersey · Feb 11, 1957

If that were so, then the legislative directions for the establishment of juries, the heart of the system, could be disregarded with impunity. … “The question is whether a proper tribunal was established, and not whether an improperly established tribunal acted fairly.” Shulinsky v. Boston & Maine R. R. Co., 83 N. H. 86, 139 A. 189 (Sup. Ct. 1927); State v.

Kansel v. U.C.C. of N.J.

136 N.J.L. 614 · Supreme Court of New Jersey · Feb 19, 1948

From the statutory provision that employing units which employ less than eight men are not subject to assessment unless they assume certain relations with concerns employing that number or more we clearly have it that the … It is as important to save to the exempt organizations the immunization given by the statute as it is to bring in all employing units which are legally liable.

State v. R.K.

220 N.J. 444 · Supreme Court of New Jersey · Feb 3, 2015

This exercise of discretion depends on the strength of the State’s case because the testimony may have already been established by prior witnesses. Id. at 169-70 , 578 A.2d 370 . … While C.G.’s credibility was clearly relevant, other witnesses are prohibited from giving their opinions about her credi *461 bility.

McKeown-Brand v. Trump Castle Hotel & Casino

132 N.J. 546 · Supreme Court of New Jersey · Jul 1, 1993

provided (a) my job has not been permanently filled or eliminated because of business requirements, or (b) my job duties and responsibilities do not change significantly during my absence, and upon my return I am still qualified … That power, even more clearly than our power over practice and procedure, is the exclusive province of this Court.