Case law

Powers v. Canda

40 N.J. Eq. 602 · Supreme Court of New Jersey · Nov 15, 1885

Powers, that this, with other fact's, establishes that the deeds and acknowledgments were antedated, so as to appear to have been executed before this writ of attachment was issued. … Canda’s connection with, and knowledge of, all these transactions and their purport and effect in hindering other creditors, clearly appears in the whole case, and more particularly, I think, in the testimony of Mr.

State v. Meyer

192 N.J. 421 · Supreme Court of New Jersey · Sep 19, 2007

Thus, “both prison-bound and non-bound offenders” may qualify for Drug Court. … N.J.S.A 2C:35-14 does not establish and indeed does not even mention Drug Courts.

Borawick v. Barba

7 N.J. 393 · Supreme Court of New Jersey · Jul 2, 1951

The inferior courts and their jurisdiction may from time to time be established, altered or abolished by law.” Article XI, sec. … We believe that the meaning and purpose of the constitutional paragraph is thus clearly demonstrated without further comment by us and that they had no relation to the inferior courts.

Yousef v. General Dynamics Corp.

205 N.J. 543 · Supreme Court of New Jersey · Apr 11, 2011

The defendant bears the burden of establishing that the plaintiffs choice of forum is “demonstrably inappropriate.” Varo v. … Thus, the aecess-to-evidence factor does not clearly weigh in defendants’ favor.

State v. Jascalevich

78 N.J. 259 · Supreme Court of New Jersey · Sep 21, 1978

II New Jersey News Media Privilege The appellants’ claims as to the privileged nature of the subpoenaed materials are clearly cogent under N. J. S. A. 2A:84A-21. … It goes without saying, of course, that we are powerless to bar state courts from responding in their own way and construing their own constitutions so as to-recognize a newsman’s privilege, either qualified or absolute.

State v. David Bueso(074261)

Supreme Court of New Jersey · Jun 8, 2016

N.J.R.E. 601 provides that all persons should be qualified to testify, and that disqualification should be the exception. … “[O]ur ‘system of justice . . . has established as a general rule that all persons should be qualified to testify, and that disqualification should be the exception[.]’”

State v. Corby

28 N.J. 106 · Supreme Court of New Jersey · Oct 20, 1958

Consequently no basis for appellate review exists unless the challenged language qualifies as plain error, B. … A presumption is compulsory and prima facie establishes the fact to be true; it remains compulsory if it is not disproved.

State v. Post

20 N.J.L. 368 · Supreme Court of New Jersey · May 15, 1845

Under this general, and I may call it, abstract proposition, the precise meaning and extent of which it is somewhat difficult clearly to comprehend, it is contended that slavery is abrogated and all laws established regulating … That as the right of property, which the defendant had in the person and to the services of the colored man *373 William as his slave, when this constitution was framed and adopted, was a clearly established legal right,

Germann v. Matriss

55 N.J. 193 · Supreme Court of New Jersey · Jan 19, 1970

must establish de•cedent’s contributory negligence by clear and convincing .proof. … In a system of justice which has established as a general rule that all persons should be qualified to testify, and that disqualification should be the exception, there is no sound reason why the survivor in a negligence

State v. Pennington

154 N.J. 344 · Supreme Court of New Jersey · Jul 14, 1998

In concluding that the maximum sentences shocked the judicial conscience, the majority reasoned that the “kidnapping convictions were established by minimal facts necessary to establish the element of restraint,” and that … We conclude that both the Code and our decisional law establish a public policy that prohibits such use of rejected plea offers.

State v. Hoag

21 N.J. 496 · Supreme Court of New Jersey · May 14, 1956

My brethren say: “Nor was the defendant’s plea of alibi necessarily established by the first jury’s general verdict of not guilty. … The principle qualifies the “same evidence” test in double jeopardy cases, just as the “necessarily included offense” con *515 cept modifies the same evidence formula to secure the cherished basic liberty of immunity from

State v. Marquez

202 N.J. 485 · Supreme Court of New Jersey · Jul 12, 2010

The majority, by requiring that police officers “must convey information in a language the person speaks or understands,” ante at 507, 998 A.2d at 434, makes non-English speakers immune to prosecution for violating the refusal … I prefer to focus on what those cases did say, and said clearly.

State v. Kuchera

198 N.J. 482 · Supreme Court of New Jersey · Mar 17, 2009

Taffaro, 195 N.J. 442, 454 , 950 A.2d 860 (2008) (explaining that, in order for plain error to qualify as reversible, it must be “ ‘sufficient to raise a reasonable doubt as to whether the error led the jury to a result it … Those principles, when applied to this case, clearly command that defendant’s convictions and sentence must be affirmed.

South Jersey Catholic School Teachers Organization v. St. Teresa of the Infant Jesus Church Elementary School

150 N.J. 575 · Supreme Court of New Jersey · Jul 24, 1997

Like the rights protected by the Establishment Clause, free exercise rights are not absolute. *594 “[R]eligious institutions do not enjoy an absolute immunity from worldly burdens.” Market St. Mission v. … Society of Sisters, 268 U.S. 510, 534 , 45 S.Ct. 571, 573 , 69 L.Ed. 1070, 1078 (1925), clearly is not implicated in this case.

McDonald v. Mianecki

79 N.J. 275 · Supreme Court of New Jersey · Mar 6, 1979

A. 46:3B-5, and authorizes the Commissioner of the Department of Community Affairs to establish certain new home warranties, N. J. S. A. 46:3B-3. … Clearly every builder-vendor holds himself out, expressly or impliedly, as having the expertise necessary to construct a livable dwelling.

In Re Pl 2001, Chapter 362

186 N.J. 368 · Supreme Court of New Jersey · Apr 19, 2006

Those statutes clearly establish that the probation department is under the authority and part of the judiciary. … Against the backdrop of those clearly enunciated judiciary policies, the Legislature passed into law the Probation Officer Community Safety Unit Act.

Sente v. Mayor and Mun. Coun. Clifton

66 N.J. 204 · Supreme Court of New Jersey · Dec 12, 1974

The position of this Court was enunciated most clearly by Chief Justice Weintraub in Busik v. … The balance in this case clearly weighs against dismissal on grounds of mootness.

Hackensack Meadowlands Development Commission v. Municipal Sanitary Landfill Authority

68 N.J. 451 · Supreme Court of New Jersey · Nov 18, 1975

Ed. 734 , the Court considered a South Carolina statute that had established size and weight limits for trucks using state highways. … Clearly this is not so.

Plainfield-Union Water Co. v. Inhabitants of City of Plainfield

83 N.J.L. 332 · Supreme Court of New Jersey · Dec 7, 1912

The power given is to supply such quantity of water as may be required by the inhabitants residing within the corporate limits of the city — a power in itself clearly insufficient to authorize the supply of inhabitants of … It cannot be said that the act of 1876 was meant to establish a general scheme by which a public supply might be substituted for a private supply.

In Re the Estate of Hoffman

63 N.J. 69 · Supreme Court of New Jersey · May 21, 1973

Hoffman would have been regarded as a quasi- trustee of the fund for the estate in the absence of her covenant in the separation agreement, as she clearly would, she surely cannot qualify her fiduciary obligation in that … Moreover, as the majority recognizes, she has not established a beneficial right in the money as either a joint tenant or a tenant in common.