Case law

Township of Chester v. Panicucci

62 N.J. 94 · Supreme Court of New Jersey · Jan 22, 1973

Proof of that occurrence would, of course, establish possession of a loaded gun, the act both the ordinance and the statute forbid. … A. 23 :4 — 16 as it existed when the ordinance was adopted except for the omission of the qualifying phrase “for the purpose of hunting, taking or killing any bird or animal.”

Sawyer v. County of Camden

122 N.J.L. 119 · Supreme Court of New Jersey · Feb 6, 1939

. * * *” Furthermore, defendant says that the proofs clearly show that the status of each of the plaintiffs was that of a constable and their rate of pay was such as was fixed for constables attending courts by chapter 89 … This testimony, plaintiffs say, established as a matter of law that they were “court attendants.”

Cesare v. Cesare

154 N.J. 394 · Supreme Court of New Jersey · Jun 3, 1998

, 48 Rutgers L.Rev. 1139, 1140 (1996) (“No class, religion or race is immune.”). The domestic violence epidemic has also hit New Jersey. … In those cases, the Appellate Division found that the defendants’ actions did not qualify as harassment.

Den v. Trustees of Presbyterian Church of Lawrence

20 N.J.L. 551 · Supreme Court of New Jersey · Oct 15, 1845

His great object most evidently was, to devote a large portion of that property, for which he considered himself so eminently indebted to a kind Providence, to establish and perpetuate among his neighbors, the preaching of … What may be the character or effect of the qualified restriction in this will, upon an alienation of the premises, is entirely unimportant at this time, since there has been no alienation made.

Executors of Shinn v. Executors of Paterson

17 N.J.L. 322 · Supreme Court of New Jersey · Nov 15, 1839

the accounts are balanced between the parties; the jury shall find for the defendant, and, “ unless the plaintiff or plaintiffs prosecute as executors or administrators,” the defendant shall recover his costs, which is clearly … Dig. 506, qualifies the rule contained in the former statute.

State v. Loftin

146 N.J. 295 · Supreme Court of New Jersey · Aug 8, 1996

Stevens, 319 Or. 573 , 879 P.2d 162, 167-68 (1994) (en banc) (concluding that the use of circumstantial evidence to establish the defendant’s character or the factors establishing character was sufficient). … Clearly, also, a second or third shot would not have been more time expensive, and would have ensured that Marsh was dead.

Aqua Beach Condominium Ass'n v. Department of Community Affairs

186 N.J. 5 · Supreme Court of New Jersey · Jan 18, 2006

That burden must be established by the preponderance of the legally competent, credible evidence in the hearing record. … Clearly, the even-handed application of fairly adopted and clear regulations debunks any claim of “manifest injustice.”

McAndrews & Forbes Co. v. Camden National Bank

87 N.J.L. 231 · Supreme Court of New Jersey · Jun 14, 1915

This should perhaps be qualified by saying that when the very language of the deed containing the warranty is such as to put the purchaser on notice of such an encumbrance, he should be deemed to have assented to its exception … The reservation of a private right of way in the second deed brings this out clearly as to that deed. In the first, as we have seen, there is nothing except the phrase “extended south line of Jefferson street.”

State v. O'DONNELL

117 N.J. 210 · Supreme Court of New Jersey · Oct 25, 1989

Officer Kelly turned State’s witness and testified under a grant of immunity. N.J. S.A. 2A:81-17.3. The other officers were acquitted of all charges, and defendant was acquitted of aggravated assault. … To down *220 grade the offense and impose a lesser sentence, a trial court must be clearly convinced that the mitigating factors substantially outweigh the aggravating factors. N.J.S.A. 2C:44-1f(2).

Pennsylvania Railroad v. Department of Public Utilities

14 N.J. 411 · Supreme Court of New Jersey · Feb 1, 1954

Under Pennsylvania’s practice a man must familiarize himself with the physical characteristics of the road before he qualifies as engineman and to keep qualified he must make a trip over the territory once a year. … Similarly, one railroad requires engineers in road passenger service, absent for 90 days or more, to make a qualifying run under the supervision of a road foreman; another requires a qualifying run after an absence of 120

State v. Maier

13 N.J. 235 · Supreme Court of New Jersey · Jun 25, 1953

S. *251 2A :135-9, or to qualify for a civil service position, R. S. 11:9—6, R. S. 11:23-2, or the right to serve as a juror, N. J. S. 2A :69—1. … Immunity from prosecution under section 2A ¡170-88. 2A ¡170-90. Employment by ‘kickback.’ ARTICLE 10. RENTALS OF PROPERTY AND INJURIES THERETO. 2A ¡170-91.

Ruvolo v. American Casualty Co.

39 N.J. 490 · Supreme Court of New Jersey · Mar 18, 1963

If there is such a doubt it cannot be said the movant’s case is unequivocally established or that palpably there is no genuine issue as to any material fact challenged. B. B. 4:58-3. … Porter, supra, p. 470, fn. 11. *501 We do not suggest that this type of litigation is immune from summary judgment. But the right to such disposition ought to appear so clearly as to leave no room for controversy.

Matter of Conroy

98 N.J. 321 · Supreme Court of New Jersey · Jan 17, 1985

established. … On the other hand, if an institutionalized, elderly person had not clearly expressed his wishes before becoming incompetent but the burdens of the patient’s continued existence with the treatment so clearly outweighed its

Maglies v. Estate of Guy

193 N.J. 108 · Supreme Court of New Jersey · Dec 12, 2007

In 1991, she qualified for a voucher issued through the federal Section 8 program. … See Singer, supra, at 189 (“When there is an ambiguity in a remedial statute, it should be construed to meet the cases which are clearly within the spirit or reason of the law, or within the evil which it was designed to

Isolantite, Inc. v. United Electrical, Radio & MacHine Workers of America

132 N.J. Eq. 613 · Supreme Court of New Jersey · Dec 5, 1942

Board, supra), and so-long as “rights” of suitors otherwise established are not impaired. … It completely ignores the settled principles that the workingman’s right to picket, as a “means of communication,” is a qualified right. His picketing must be peaceful. Cf. Milk Wagon Drivers Union v.

Holster v. Bd. of Trustees of Passaic County College

59 N.J. 60 · Supreme Court of New Jersey · Jul 9, 1971

A. 18A:64A-1 et seq., and must be examined in the context of *63 that legislation to be clearly understood. … No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon.

In Re the Loans of the New Jersey Property Liability Insurance Guaranty Ass'n

124 N.J. 69 · Supreme Court of New Jersey · May 16, 1991

No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally *74 qualified voters of the State voting thereon____ [N.J. … A90-252 for repayment of the PLIGA loans clearly fall within the types of assurances of future payments that this Court has traditionally found not to be “debts.”

State v. Leonardis

73 N.J. 360 · Supreme Court of New Jersey · May 31, 1977

Accordingly, these guidelines should be interpreted to require that the defendant clearly and convincingly establish that the prosecutor's refusal to sanction admission into the program was based on a patent and gross abuse … "These guidelines should be interpreted to require that the defendant clearly and convincingly establish that the prosecutor's refusal * * * was based on a patent and gross abuse [of the exercise] of his discretion."

State v. Sugar

100 N.J. 214 · Supreme Court of New Jersey · Jul 24, 1985

Gregorio, 142 N.J.Super. 372 (Law Div.1976) (“clear and convincing” burden imposed on State to prove that source of witness is independent of immunized testimony of defendant). … The experts were qualified to evaluate the medical significance of Innovar found in the body, particularly when there are no other traumatic injuries, diseases and other toxic substances present, and it is found in a person

The Passaic Daily News v. Blair

63 N.J. 474 · Supreme Court of New Jersey · Aug 8, 1973

The Rule also requires the Division to respond to inquiries as to whether a particular job qualifies for a bona fide occupational qualification in respect of one of the ordinarily illegal preference criteria. … Ed. 1262 (1942), and since they-were of an illegal character, held them beyond Eirst Amendment immunity from prosecution pursuant to a state police-power regulation.