Case law

New Jersey Turnpike Authority v. Parsons

3 N.J. 235 · Supreme Court of New Jersey · Dec 5, 1949

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.” … This view flies in the face of long established principles with respect to the status of public corporations in the field of government.

Madden v. Township of Delran

126 N.J. 591 · Supreme Court of New Jersey · Feb 10, 1992

In the best traditions of the bar, he sought to change the established law. He brought suit for his fees. … other system as shall have been established by the Assignment Judge with the approval of the Supreme Court.”

T.H. v. Division of Developmental Disabilities

189 N.J. 478 · Supreme Court of New Jersey · Mar 1, 2007

Clearly, an applicant can show the symptoms or characteristics of a disorder without satisfying the full panoply of requirements in subsection (4) by, for example, meeting the DSM-IV diagnostic criteria. … That approach denied T.H. a fair hearing because it essentially took away his opportunity to establish his eligibility retroactively.

Higg-A-Rella, Inc. v. County of Essex

141 N.J. 35 · Supreme Court of New Jersey · Jul 19, 1995

Ill Although the Right-to-Know Law makes a narrow class of documents unqualifiedly available, the common law makes a much broader class of documents available, but on a qualified basis. … On the one hand, precedent requires the person seeking access to “establish an interest in the subject matter of the material he or she is seeking.”

Day v. United States Cast Iron Pipe & Foundry Co.

96 N.J. Eq. 736 · Supreme Court of New Jersey · Oct 20, 1924

incorporators may, jin their discretion, divide the capital stock of a proposed corporation into two or more classes, and they may give each class such name and such preferences as they desire, and, again, they ma)r limit or qualify … *743 business enterprises by encouraging the investment therein of capital at a limited and coutingpnt-upon-profits interest rate) clothed, except as against creditors, with many of the attributes of bonds, and which it clearly

Overlook Terrace Management Corp. v. Rent Control Board of West New York

71 N.J. 451 · Supreme Court of New Jersey · Nov 10, 1976

Under the act, which is administered by the Agency, after the municipality by formal resolution recites the need for *459 such a project, funds are to be advanced to qualified sponsors for construction of housing projects … If not, then preemption is clearly inapplicable. An affirmative answer calls for a further search for “[i]t is not enough that the Legislature has legislated upon the subject,” Summer v.

State v. Board of Education

57 N.J.L. 605 · Supreme Court of New Jersey · Feb 15, 1895

Now, as repeals by implication are not favored, the intention of the legislature to effect this purpose must clearly appear. … bribed, intimidated or obstructed any citizen from qualifying or from voting.

Hires v. Hurff

39 N.J.L. 4 · Supreme Court of New Jersey · Nov 15, 1876

A brief consideration of some of the cases will show that this principle is firmly established, and its admission will reconcile much of the apparent conflict between them. … Chase, 37 Me. 414 , which is qualified and distinguished in the later case of Morrison v.

State v. Wesler

137 N.J.L. 311 · Supreme Court of New Jersey · Jun 21, 1948

There are respects in which the girls were clearly telling the truth. … “If more talesmen are required than the number of jurors remaining on the general panel, the sheriff or other proper officer shall forthwith summon, from among the bystanders or others, such additional number of persons qualified

In re Kelly

120 N.J. 679 · Supreme Court of New Jersey · Aug 3, 1990

Kelly qualified to administer the estate as alternate executor under the will. Here arose one of respondent’s problems. He was at once the executor of Anna Bailer’s estate and the attorney for Mr. A’s estate. … Our independent review of the record clearly convinces us of the correctness of the factual determinations made by the DRB.

62-64 Main Street, L.L.C. and 59-61 Moore Street, L.L.C. v. Mayor and Council of the City of Hackensack Planning Board of the City of Hackensack (072699)

Supreme Court of New Jersey · Mar 23, 2015

qualified under only one section, N.J.S.A. 40A:12A-5(d). … It found that nine other properties did not qualify.

Donnelly v. United Fruit Co.

40 N.J. 61 · Supreme Court of New Jersey · May 6, 1963

Immunity from liability for misuse is inconsistent with basic notions of justice. The statute, N. … Obviously, most grievances are adjusted in the preliminary steps of established procedure; relatively few reach formal arbitration.

Kobylarz v. Mercer

130 N.J.L. 44 · Supreme Court of New Jersey · Mar 25, 1943

A policy that is clearly implied is as effective as that which is expressed. … Such is the legislatively established state policy. And we find no conflicting and overriding federal policy. Section 1222 of the Revised Statutes of the United States (10 U. S. *53 C.

BD. OF ED. OF WEST ORANGE v. Wilton

57 N.J. 404 · Supreme Court of New Jersey · Jan 26, 1971

To qualify for such appointment, the Directors must have experience at their respective levels in teaching, supervision and administration, and “a broad knowledge of educational problems.” … A unit shall not be established solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be established if it includes — (1) any management official or supervisor, * * *.

Soto v. Scaringelli

189 N.J. 558 · Supreme Court of New Jersey · Mar 21, 2007

Finally, we hold that, in the future and as a condition precedent to meaningful appellate review, a plaintiff who seeks to resist a defense based on that threshold bears the burden of establishing a proper record. … Clearly there can be scars that are so minimal and so concealed from view that no reasonable person could find them significant.” Ibid.

Vincitore v. New Jersey Sports & Exposition Authority

169 N.J. 119 · Supreme Court of New Jersey · Jul 19, 2001

Department of Conservation & Economic Development, 55 N.J. 534 , 264 A. 2d 34 (1970), we abrogated the common-law doctrine of sovereign immunity from tort liability. … The Legislature responded by enacting the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, which reestablished the general rule of immunity but created narrow exceptions to that rule.

State v. Johnson

120 N.J. 263 · Supreme Court of New Jersey · Jul 19, 1990

The record demonstrates that the medical examiner had already established the cause of death and the extent of the assault. Reeves’s testimony was merely cumulative on those issues. … If the jury on retrial is to be instructed on the proof necessary to establish “by your own conduct,” the trial court shall be guided by this Court’s opinions in State v.

State v. R.K. (072712)

Supreme Court of New Jersey · Feb 3, 2015

While C.G.’s credibility was clearly relevant, other witnesses are prohibited from giving their opinions about her credibility. … 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.

Lamorte Burns & Co., Inc. v. Walters

167 N.J. 285 · Supreme Court of New Jersey · May 14, 2001

Defendants’ conduct while employed was clearly contrary to the interests of their employer. … Those acts clearly indicate malice.

Matter of Scavone

106 N.J. 542 · Supreme Court of New Jersey · May 6, 1987

Pennsylvania, as most other law schools, established special admission criteria for minority applicants so that the student population would better reflect the composition of the community which the university serves. … Based on this record, he clearly has not. Respondent entered the legal profession by subterfuge.