Case law

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

Chamber of Commerce of the United States v. State

89 N.J. 131 · Supreme Court of New Jersey · May 3, 1982

This holding is in keeping with the now well-established policy enunciated by Justice Jacobs in Crescent Park Tenants Ass’n v. Realty Eq. … If the burden is clearly excessive in relation to the local interest, the statute will be declared invalid.

Sooy v. State

38 N.J.L. 324 · Supreme Court of New Jersey · Jun 15, 1876

Sooy had then long-been in office, and was holding over, by force of the constitution of the state, until his successor should be appointed andi qualified. … The act with respect to this ceremony of approval is clearly directory, and its non-observance cannot affect the validity of the instrument.

State v. State Troopers Fraternal Ass'n.

134 N.J. 393 · Supreme Court of New Jersey · Dec 20, 1993

We observed in Dunellen that that strong qualifying language “clearly precluded any expansive approach” to the negotiability of terms and conditions of public employment, 64 N.J. at 31, 311 A.2d 737 , especially where the … with the Court’s more restrictive view of the statutory duty to negotiate grievance procedures and with PERC’s ruling to the extent that it would have allowed binding arbitration of disciplinary determinations: But I would qualify

Karins v. City of Atlantic City

152 N.J. 532 · Supreme Court of New Jersey · Feb 18, 1998

Such behavior clearly offends accepted standards of decency. … Under those circumstances, a public employee is not immune from disciplinary proceedings. Connick, supra, 461 U.S. at 147 , 103 S.Ct. at 1687 , 75 L.Ed.2d at 720 .

State v. Robinson

200 N.J. 1 · Supreme Court of New Jersey · Jul 22, 2009

The defendant must *8 establish that there was no probable cause supporting the issuance of the warrant or that the search was otherwise unreasonable. [State v. … No doubt, the limitation on the scope of appellate review is not absolute; it is subject to finite, qualified exceptions. See Alan J. Cornblatt, P.A. v.

State v. Mount

30 N.J. 195 · Supreme Court of New Jersey · Jun 17, 1959

S. 2A :113-4) and was duly objected to by the defendant; it clearly tended to dilute the jury’s sense of responsibility in passing on the issue of life or death in very much the same manner as did the trial court’s earlier … In the instant matter the particular questions which were asked by defense counsel and to which the State’s objections were sustained, apparently were directed towards establishing that the defendant had come from a broken

In Re Gaulkin

69 N.J. 185 · Supreme Court of New Jersey · Jan 28, 1976

In this state, at least, it has been clearly established that courts do not belong in politics, that the independence of the judiciary depends upon that separation, and that political ties and debts and their accommodation … J. 482 (1970), the Court limited the doctrine of interspousal immunity in a woman’s negligence action against a defendant who became her husband.

Stuhr v. Curran

44 N.J.L. 181 · Supreme Court of New Jersey · Mar 15, 1882

For so wide a rule they clearly furnish no support whatever. … Even in the event of Cur-ran’s refusal to serve, the law provided for the appointment of an incumbent, who would have served until Stuhr established his title.

Leodori v. Cigna Corp.

175 N.J. 293 · Supreme Court of New Jersey · Feb 13, 2003

Bd. of Educ., 78 N.J. 122, 140 , 393 A.2d 267 (1978) (declaring that “[t]o be given effect, any such waiver [of statutory rights] must be clearly and unmistakably established”); Paul v. … The “You and CIGNA” handbook qualifies as such a writing. The problem in this case is that the acknowledgment form signed by plaintiff contains no statement that he had agreed to the arbitration provision.

City of Plainfield v. Public Service Electric and Gas Company

82 N.J. 245 · Supreme Court of New Jersey · Jun 5, 1980

Otherwise, one would be able to obtain immunity from state regulation by making private contractual arrangements.” See E & E Hauling, Inc. v. … The enforcement or nonenforcement of this statute clearly implicates the proposition that the law is now being inequitably administered.

Matter of Registrant GB

147 N.J. 62 · Supreme Court of New Jersey · Dec 11, 1996

However, the State's evidence is not immunized from challenge simply because the prosecutor can rely on hearsay and non-record facts. … Clearly, a registrant also can raise challenges to the "variable" factors that go into determining the Scale score.

Joel S. Lippman, M.D. v. Ethicon, Inc. (073324)

222 N.J. 362 · Supreme Court of New Jersey · Jul 15, 2015

Where the Legislature intended to impose an exhaustion requirement, it has said so clearly. … ANJMA argues in favor of a higher standard for watchdog employees to qualify for CEPA protection if they are to be eligible for such protection at all.

Sherman v. Citibank (South Dakota), N.A.

143 N.J. 35 · Supreme Court of New Jersey · Nov 28, 1995

.] *47 On its face, section 85 immunizes national banks that lend money beyond their home-state’s borders from local usury laws that might give local banks a competitive advantage. … [that are] an integral part of a bank’s decision to establish the rate of interest that will be charged” typically are material. Id at *3.

Jansen v. Food Circus Supermarkets, Inc.

110 N.J. 363 · Supreme Court of New Jersey · May 25, 1988

Masland, who examined Jansen and reviewed his medical records, stated: This man clearly suffers from psychomotor seizures. … The margin between the two populations is clearly indistinct.

Neger v. Neger

93 N.J. 15 · Supreme Court of New Jersey · Jan 24, 1983

The United States Supreme Court has not clearly delineated the impact of the Full Faith and Credit Clause, U.S. Const., Art. IV, § 1, on custody adjudications. See New York ex rel. Halvey v. … The California court’s jurisdiction was clearly not based on two of those alternatives.

State v. Hurd

86 N.J. 525 · Supreme Court of New Jersey · Jul 14, 1981

When hypnosis results in an eyewitness identification of the defendant, for example, the defendant is clearly prejudiced if there is not even a reasonable likelihood that the witness’ memory was accurately revived. … This professional should also be able to qualify as an expert in order to aid the court in evaluating the procedures followed.

State v. Harris

141 N.J. 525 · Supreme Court of New Jersey · Jul 12, 1995

The point could have been more clearly stated in our Dixon decision. … We do not believe that the evidence clearly established that defendant thought a warning to the victims not to report the incident was sufficient to ensure against detection.

State v. Kittrell

145 N.J. 112 · Supreme Court of New Jersey · Jul 3, 1996

Of course, a private residence could qualify as a manufacturing facility. … The evidence before the jury was clearly insufficient to support a conviction for maintaining or operating a drug manufacturing facility.

In re Shelly

140 N.J. 501 · Supreme Court of New Jersey · Jun 9, 1995

In contrast, a four-member majority of the DRB found that the record clearly and convincingly established that respondent knowingly had misappropriated the $6,000 deposit. … Accordingly, we find that respondent’s conduct does not qualify as “knowing misappropriation” under Wilson, supra, 81 N.J. at 453 , 409 A.2d 1153 . Thus disbarment is not justifiable.