Case law

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.

Gurzo v. American Smelting & Refining Co.

132 N.J.L. 485 · Supreme Court of New Jersey · Jan 19, 1945

We think there was clearly a variance and that it was made apparent from the testimony of plaintiff’s own medical witnesses, Dr. Grossman and Dr. Ormsby. … Ormsby said that he thought the plaintiff’s employment was deleterious to Ms active tuberculosis after 1939, yet he qualified the statement by saying that any type of work would be deleterious to him in that condition and

State v. J.M.

182 N.J. 402 · Supreme Court of New Jersey · Feb 17, 2005

juvenile’s prospects for rehabilitation before the age of nineteen would be unlikely to include admissions as to delinquency or guilt of an offense, Amicus urges that the Legislature must have intended that the statutory immunity … The evidence clearly established that the juvenile and codefendant had no weapons when they entered the gas station, but that codefendant found and used a baseball bat against the attendant.

Committee for a Rickel Alternative v. City of Linden

111 N.J. 192 · Supreme Court of New Jersey · Jul 25, 1988

We concluded in Evesham that under N.J.S.A. 40:55D-17, governing bodies reviewing an action by a board of adjustment had the “authority to make a de novo review of the record established before the board and reach its own … Having adopted the zoning ordinance from which the variance is sought, the governing body is perhaps uniquely qualified to determine whether granting the requested variance would substantially impair the ordinance or the

Monmouth Chrysler-Plymouth, Inc. v. Chrysler Corp.

102 N.J. 485 · Supreme Court of New Jersey · May 20, 1986

the establishment of the new dealership would be injurious. … That exemption immunizes competitive restraints from antitrust attack to the extent that such restraints constitute “state action or official action directed by a state.” Parker v.

Matter of Vey

135 N.J. 306 · Supreme Court of New Jersey · Mar 31, 1994

They can engage in high-speed chases with absolute immunity from suit, Tice v. … The State Police found her psychologically qualified and offered her a position.

Roman Catholic Diocese of Newark v. Ho-Ho-Kus Borough

42 N.J. 556 · Supreme Court of New Jersey · Jun 24, 1964

Likewise school districts were established throughout the State (see, e. g., N. J. S. … Board of Adjustment, supra, the borough’s action was clearly arbitrary. Under the circumstances, that decision should be made by us now.

Nicastro v. McIntyre MacHinery America, Ltd.

201 N.J. 48 · Supreme Court of New Jersey · Feb 2, 2010

Not only did the court find no evidence establishing a connection between J. McIntyre and this State, but it also concluded that J. … McIntyre may not have known the precise destination of a purchased machine, but it clearly knew or should have known that the products were intended for sale *79 and distribution to customers located anywhere in the United

State v. Egan

82 N.J.L. 317 · Supreme Court of New Jersey · Apr 23, 1912

duties of their offices because of the failure of one to qualify, and this seems to have been the view of the Court in Rex v. … must assume, having before it the procedure in the English courts upon which plaintiff in error relies, refused to adopt it, but, by the use of language which in its ordinary sense confers the power in the alternative, established

Pascale v. Pascale

140 N.J. 583 · Supreme Court of New Jersey · Jul 10, 1995

Painter, 65 N.J. 196 , 320 A.2d 484 (1974), the guiding principle of Painter remains: Property “clearly qualifies for distribution” when it is “attributable to the expenditure of effort by either spouse” during marriage. … To refute such a presumption, the party seeking exclusion of the asset must bear “ ‘the burden of establishing such immunity [from equitable distribution] as to any particular asset.’ ” Landwehr v.

State v. Jones

27 N.J. 257 · Supreme Court of New Jersey · Jun 2, 1958

It extends to property of every kind and description, and is qualified only by the constitutional prescription that just compensation shall be made. … pleadings and orders filed prior to the trial all indicated that the taking was as of January 3, 1956, and when, for the first time during the trial, the Commissioner suggested a taking on June 13, 1955, the trial judge clearly

Student Public Interest Research Group v. Byrne

86 N.J. 592 · Supreme Court of New Jersey · Jul 20, 1981

The question to be answered is simply whether the legislator was qualified for appointment at the time the appointment was made. Obviously Mrs. Curran was so qualified. … The ban clearly does not apply to an increase in compensation which is proposed subsequent to the appointment. [ 42 Op. Att'y Gen. 35 (1968).]

Robertson v. Hackensack Trust Co.

1 N.J. 304 · Supreme Court of New Jersey · Jan 17, 1949

In later New Jersey cases oral or written declarations of a decedent, not otherwise qualifying under one of the then recognized exceptions to the hearsay rule, have been admitted in evidence where the intent or purpose with … L. 495 (E. & A. 1878), a murder case, where it was necessary for the prosecution to establish the presence of the victim with the accused. It was there held, in an opinion by Mr.

Uricoli v. Police & Fire. Retirem. Sys.

91 N.J. 62 · Supreme Court of New Jersey · Aug 5, 1982

This Court has clearly reaffirmed the rule that honorable service is an implicit requirement of every public pension statute, whether or not this conditional term appears in the particular statute. See Masse v. … In this context, a pension can be viewed as “an element in encouraging qualified individuals to enter and remain in public service.” Masse, 87 N.J. at 261 . See generally id. at 259-62 ; Geller v.

Millville Mutual Marine & Fire Insurance v. Mechanics' & Workingmen's Building & Loan Ass'n

43 N.J.L. 652 · Supreme Court of New Jersey · Nov 15, 1881

other hand (although this is not the ordinary commercial sense) a person is sometimes said to be a special agent, whose authority, although it extends to do acts generally in a particular business or employment, is yet qualified … That such an agent may assent to alienation and waive contions on behalf of an insurance company is established by numerous authorities. Woodbury Savings Bank v. Charter Oak Co., 31 Conn. 517 ; Dayton Ins. Co. v.

Helmsley v. Borough of Fort Lee

78 N.J. 200 · Supreme Court of New Jersey · Oct 17, 1978

L. at 599] The statute which recently established a tax court, N. J. S. … Resolution of this debate is clearly a legislative function.

Red Bank Regional Education Ass'n v. Red Bank Regional High School Board of Education

78 N.J. 122 · Supreme Court of New Jersey · Aug 3, 1978

To be given effect, any such waiver must be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively. United Steelworkers v. … Employee rights with respect to the presentation of grievances to their employer clearly qualify as terms and conditions of their employment. We have held that the relevant sentence of N. J. S.

Thomas Saccone v. Board of Trustees of the Police and Firemen's Retirement System (071841)

219 N.J. 369 · Supreme Court of New Jersey · Sep 11, 2014

On the death of a member, the spouse and any qualifying child or children receive the prescribed survivors’ benefits. … The statewide PFRS was established, which covered all new police and fire employees.

State v. Brimage

153 N.J. 1 · Supreme Court of New Jersey · Feb 19, 1998

This Court stated in Leonardis II, supra, that although deference should be given to prosecutor’s determinations, “the prosecutor is not immune from the ban against arbitrariness in governmental decision-making.” 73 N.J. … Section III clearly states: “Nothing in this Directive shall be construed to preclude a county prosecutor from establishing and implementing a plea policy that provides standardized offers ... with a period of parole ineligibility

Ross v. Transport of New Jersey

114 N.J. 132 · Supreme Court of New Jersey · Feb 1, 1989

N.J.S.A. 39:6-54 from any insurance obligation as a government agency or instrumentality, then this is consistent with policy considerations that limit the potential liability of government agencies through some type of immunity … An uninsured motorist is clearly “another *146 person” for whom the public entity may not be held liable. [ 202 N.J.Super. at 575 .]