Case law

Griscom v. Evens

40 N.J.L. 402 · Supreme Court of New Jersey · Nov 15, 1878

It was admitted that the evidence, if competent, would have been sufficient to establish beyond contradiction the intention of the testator to include his estates in Clare in the devise. … Indeed the rule may be said to be a general rule that, whenever the testator’s intention to give the whole as an entirety clearly appears from the language of the will, whether such intention is expressed by a designation

In Re the Civil Commitment of W.X.C., SVP 458-07

204 N.J. 179 · Supreme Court of New Jersey · Nov 9, 2010

Defendant's argument, however, is not based on the framework that the Court's majority established in Hendricks . … Clearly, this type of treatment is indicated, as is continued treatment for substance abuse.

Richard's Auto City, Inc. v. Director, Division of Taxation

140 N.J. 523 · Supreme Court of New Jersey · Jun 21, 1995

N.J.S.A. 14A:10-6 describes the effect of a merger or consolidation: (c) Such surviving or new corporation shall, to the extent consistent with its certificate of incorporation as amended or established by the merger or consolidation … , possess all the rights, privileges, powers, immunities, purposes and franchises, both public and private, of each of the merging or consolidating corporations.

Ruvoldt v. Nolan

63 N.J. 171 · Supreme Court of New Jersey · Jun 5, 1973

For reasons to be stated we have concluded that the totality of the circumstances of this case would render it clearly unjust now to apply a substantive rule of disentitlement of pension against Ruvoldt, and we therefore … R. 2d 939, 949 (1960), the principle well established in this State, as well as generally, 2 Am. Jur. 2d “Administrative Law”, § 520 et seq., p. 329 et seq. (1962); Annot., 73 A. L.

Klebanow v. Glaser

80 N.J. 367 · Supreme Court of New Jersey · Jun 22, 1979

Since no citizen enjoys immunity from that burden, its retroactive, imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the receipt … One observer, after reviewing some of the many bills introduced in the Legislature, commented that: Clearly, New Jersey taxpayers were given more than reasonable notice as to the potential for a tax on capital gains long

New Jersey Ass'n for Retarded Citizens, Inc. v. New Jersey Department of Human Services

89 N.J. 234 · Supreme Court of New Jersey · May 13, 1982

Hunterdon is required to establish written individualized plans for each child and to put those plans into effect. N.J.S.A. 30:6D-10. … This regulation clearly mandates that the pupil/staff ratio for all children eligible for day training shall be three-to-one with no more than 9 pupils per classroom.

Paul v. Baltimore Upholstering Co.

66 N.J. 111 · Supreme Court of New Jersey · Nov 15, 1974

However it would be fair and consonant with the clearly inferable intent of the Legislature as to how such a situation should be handled, had it been contemplated when the statute was drawn, for the subsequent carrier to … The general sclerotic condition from which Paul suffered prior to the last infarction would not qualify as a prior partially and permanently disabling condition, as *124 it was not then “fixed, measurable and arrested,” see

State v. Brandon Morrison(076379)

227 N.J. 295 · Supreme Court of New Jersey · Dec 14, 2016

Officers and employees of government “performing a governmental function” are clearly acting as public servants. See N.J.S.A. 2C:27-1(g). … There, the Law Division held that an agent of the Society for the Prevention of Cruelty to Animals (S.P.C.A.) -- a corporation “formally acknowledged and established by statute” and given the power to enforce all laws

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities

207 N.J. 489 · Supreme Court of New Jersey · Aug 23, 2011

Second, we will not insert an “ ‘additional qualification’ ” into a clearly written statute when “‘the Legislature pointedly omitted’ ” doing so. DiProspero, supra, 183 N.J. at 492, 874 A.2d 1039 (quotation omitted). … An entity qualifies as a “public body” if it either performs a governmental function or is authorized to expend public funds.

Jd v. Mdf

207 N.J. 458 · Supreme Court of New Jersey · Jul 28, 2011

It's not—it just doesn't seem, quite frankly, to be coherent in the sense that you're thinking clearly, sir.... … For purposes of subsection a., a single act can be enough and the act, given that it took place at what could clearly qualify as an "extremely inconvenient hour," N.J.S.A. 2C:33-4a, could theoretically constitute a predicate

State v. Fede

237 N.J. 138 · Supreme Court of New Jersey · Mar 12, 2019

The statute qualifies what conduct is prohibited -- including obstruction of the administration of law -- by reference to how the activity is carried out -- including by means of "physical interference or obstacle." … In sum, N.J.S.A. 2C:29-1(a) clearly states that any means of alleged obstruction other than those explicitly listed must be accompanied by "affirmative interference" to run afoul of the criminal obstruction statute.

State v. Winne

12 N.J. 152 · Supreme Court of New Jersey · Mar 30, 1953

Such discretion must be exercised in accordance with established principles of law, fairly, wisely, and with skill and reason. … That likewise is clearly not the situation here.”

State v. Mykal L. Derry State v. Malik Derry (085795) (Atlantic County & Statewide)

Supreme Court of New Jersey · Jun 8, 2022

Surveillance footage from both businesses captured James standing outside of the two establishments when an unidentified man wearing a hood and mask rode up on a bicycle and shot James three times. … Indeed, the record does not clearly explain his area of expertise or the methodology he used to reach his conclusions.

Den ex dem State v. Helmes

3 N.J.L. 1051 · Supreme Court of New Jersey · Sep 15, 1813

Com. 302, it is laid down, “that if the words of a deed clearly and legally declared the parties’ meaning, it is sufficient.” … And again, “ the office of the habendum is to determine what estate or interest is granted by the deed; though this is sometimes performed in the premises, in which case, the habendum may lessen, enlarge, explain or qualify

Falcey v. Civil Service Commission

16 N.J. 117 · Supreme Court of New Jersey · Jun 28, 1954

Marshall for many years; he is clearly in no present position to attack the 1941 designation. Cf. Covey v. City of Plainfield, 11 N.J. 375, 381 (1953); Clayton v. … It seems clear to us that the statutory terminology is appropriate and should be construed to require that where the vacancy occurs while there is actually *122 only one qualified county judge, he may make the appointment

State v. Scoles

214 N.J. 236 · Supreme Court of New Jersey · Jun 13, 2013

That right clearly extends to the assistance of experts to aid in the accused’s defense. State v. … As a result, the proceedings below could not be expected to comply with the process or the procedural and substantive safeguards established by this opinion.

Den v. Helmes

3 N.J.L. 1050 · Supreme Court of New Jersey · Sep 15, 1813

He lays it down “ as an established rule of law,” that though the record be not produced, nor any proof adduced, of its being lost, yet under circumstances, it may be left to the consideration of a jury, whether there is … Com. 302, it is laid down, “that if the words of a deed clearly and legally declared the parties’ meaning, it is sufficient.”

CWA Local 1044 v. Chief Justice of Supreme Court

118 N.J. 495 · Supreme Court of New Jersey · Apr 18, 1990

Again, with highly qualified members from both labor and management along with representatives of the judiciary, the Task Force, chaired by former Attorney General James R. … We do not believe that our present policy is so clearly correct as to be beyond reexamination at this time.

Resnick v. East Brunswick Township Board of Education

77 N.J. 88 · Supreme Court of New Jersey · Jul 11, 1978

Under the procedures established by the Board, a qualified association seeking to use the public school facilities submits an application directly to a local school administrator. … Our cases simply do not support the notion that a law found to have a "primary" effect to promote some legitimate end under the State's police power is immune from further examination to ascertain whether it also has the

DeHanes v. Rothman

158 N.J. 90 · Supreme Court of New Jersey · Apr 19, 1999

We hold that it was not improper for the attorney to sum up for the jury the total of the year-by-year economic losses established by competent expert testimony. … surround the application of the net-income-evidence rale and the confusion that arises from the unstructured current practice, the burden of proving net income in personal-injury and wrongful-death actions should be placed clearly