Case law

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

State v. Dye

60 N.J. 518 · Supreme Court of New Jersey · Jun 5, 1972

Decision as to whether Hoffman was qualified to perform the wiretap was a matter for the discretion of the Law Division judge. … The prosecutor’s argument before the motion judge seems to support this assertion, and clearly indicates that he would have consented to an order for presentation to the issuing judge for release of the copies.

State v. Anthony Sims, Jr. (085369) (Monmouth County & Statewide)

Supreme Court of New Jersey · Mar 16, 2022

would refuse to testify even if he were offered immunity. … According to the State, P.V. was clearly “unavailable” under N.J.R.E. 804(a)(2) because he invoked his Fifth Amendment rights and declined to testify despite an offer of immunity, and the requirements of N.J.R.E. 804(b

United States v. Kingsley

41 N.J. 75 · Supreme Court of New Jersey · Nov 4, 1963

The court accepted the proposition established in United States v. … But such differences and distinctions, even when applied to persons clearly protected by the Fourteenth Amendment, are not in themselves unconstitutional.

Blum v. Parson Manufacturing Co.

80 N.J.L. 390 · Supreme Court of New Jersey · Nov 14, 1910

If these deeds be read together we have a clear unambiguous grant by the defendant as grantor, which it is sought to qualify by a reservation contained in a prior deed by the present grantee to the grantor, and as the reservation … We think that this contract was properly excluded, for there is nothing in the case appearing in the record which requires us to disregard the well-established rule that the law presumes that a. deed made and accepted in

Alexander v. New Jersey Power & Light Co.

21 N.J. 373 · Supreme Court of New Jersey · Apr 23, 1956

The Utility sought a surcharge of 5% on newly established rates to recoup a past deficiency in gross revenue. The rate counsel defended the Board’s order in the judicial proceedings; Mr. … That which is clearly implied is as much a part of the law as that which is expressed. Brandon v. Montclair, 124 N. J. L. 135 (Sup. Ct. 1940), affirmed 125 N. J. L. 367 (E. & A. 1940).

Education Law Center ex rel. Abbott v. Department of Education

198 N.J. 274 · Supreme Court of New Jersey · Mar 26, 2009

Finding that prong of the analysis clearly to have been met, the panel turned to the second prong and found that DOE failed to establish that the Simulation Memo constituted deliberative material: In our judgment, the material … The agency’s ultimate decision aside, the Simulation Memo clearly was created and used during the deliberative process employed by DOE.

State v. Mellillo

77 N.J.L. 505 · Supreme Court of New Jersey · Nov 27, 1908

If the word “necessary” *510 in the language last quoted be qualified as it was in the preceding clause by the words “or reasonably appears to him to be so/’ the error complained of would be cured. … We are speaking now of cases like the present in which the defendant's act of homicide, if the facts to which he testified be believed, was clearly justified.

Exxon Corp. v. Hunt

109 N.J. 110 · Supreme Court of New Jersey · Dec 2, 1987

past precedent on which litigants may have relied * * * or by deciding an issue of first impression whose resolution was not clearly foreshadowed * * Chevron Oil Co. v. … President, S. 51 clearly addresses an issue that has hindered State efforts to set up their own superfunds.

Krauss v. A. & M. KARAGHEUSIAN, INC.

13 N.J. 447 · Supreme Court of New Jersey · Nov 2, 1953

There is a demand for such skill in many other factories and business establishments.” … The record does not clearly show that the plaintiff was willing to take work as a pump operator. His claim form states that he wanted “light work.”

In Re Local 195, IFPTE

88 N.J. 393 · Supreme Court of New Jersey · Mar 23, 1982

In such situations, the public would clearly benefit from suggestions by public employees directed toward improving economy or efficiency. … We have previously held that, while the establishment of a school calendar, In re Burlington Cty. College Faculty Ass’n v.

Bigelow v. Cassedy

26 N.J. Eq. 557 · Supreme Court of New Jersey · Mar 15, 1875

But even in such case, the general rule must be qualified by limiting it to such securities as continue to exist, and do not by payment become extinguished as to the principal debtor. … By *562 the civil law, when a second creditor paid the prior creditor, or deposited the amount of the debt on his refusal to receive payment, he established his own right.

Desai v. St. Barnabas Medical Center

103 N.J. 79 · Supreme Court of New Jersey · Jun 30, 1986

Plaintiff is a qualified medical doctor, having been licensed to practice medicine in New Jersey in June of 1978. … A denial predicated upon exclusionary policies fostering only the well-being of those staff members who are already admitted would clearly be in derogation of the spirit of Falcone .

State v. D'Ippolito

19 N.J. 540 · Supreme Court of New Jersey · Oct 31, 1955

Of what avail is it, then, for courts to exclude incompetent evidence if counsel may, under the guise of argument, state facts which are not in evidence, and clearly inadmissible? … I am not persuaded that the prosecutor's unfinished statement engendered prejudice utterly *552 immune to the remediable process of an appropriate instruction.

Alloway v. Bradlees, Inc.

157 N.J. 221 · Supreme Court of New Jersey · Feb 24, 1999

for whose benefit the standard was established. … (citing five-part test for establishing special employer-employee relationship), aff'd o.b., 147 N.J. 42 , 685 A.2d 943 (1996).

State v. S.N.

231 N.J. 497 · Supreme Court of New Jersey · Jan 30, 2018

The court found that the State had established probable cause that defendant committed the charged offenses. … Underwood, a case involving the award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d), the Court provided an example of what would qualify as a “relatively explicit statutory command” that would

In Re Senior Appeals Examiners

60 N.J. 356 · Supreme Court of New Jersey · Apr 24, 1972

VI, sec. 5, para. 4) which largely immunizes it from legislative curbs. See Fischer v. Twp. of Bedminster, 5 N. J. 534, 540 (1950); cf. State, Dufford, Pros. v. Decue, 31 N. J. L. 302, 306-308 (Sup. … On the contrary, justice clearly dictates that they be given that opportunity, along with any consequential judicial relief to which they may be entitled.

King v. South Jersey National Bank

66 N.J. 161 · Supreme Court of New Jersey · Dec 10, 1974

Div. 1972)) that the repossession was a private contractual matter rather than a state action, and so was immune from constitutional attack. … Viewing the security holder as one justified in asserting a claim of title, it was thought that “the right to retake one’s goods peaceably ‘seemed’ to be established beyond all doubt.”

Clarence Haley v. Board of Review (084123) (Statewide)

Supreme Court of New Jersey · Mar 17, 2021

In February 2018, two months after Haley’s arrest, a grand jury found the evidence presented to indict Haley insufficient to establish probable cause that he committed the offenses charged. … The answer to that question clearly should be no.

In re the Provision of Basic Generation Service

205 N.J. 339 · Supreme Court of New Jersey · Mar 10, 2011

Tax Credit Qualified Allocation Plan, 369 N.J.Super. 2, 43 , 848 A.2d 1 (App.Div.), certif. dented, 182 N.J. 141 , 861 A.2d 846 (2004). … Not all factors need be present for an agency action to qualify as an administrative rule. Id. at 332 , 921 A.2d 1122 .