Case law

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.

Frugis v. Bracigliano

177 N.J. 250 · Supreme Court of New Jersey · Jul 28, 2003

In response, the Legislature enacted the TCA, which restored limited, sovereign immunity in such cases. Alston v. City of Camden, 168 N.J. 170, 176 , 773 A.2d 693 (2001); Fluehr v. … If the language is plain and clearly reveals the statute’s meaning, the Court’s sole function is to enforce the statute according to its terms. Ibid.

State v. Carlos Bolvito (071493)

Supreme Court of New Jersey · Mar 31, 2014

Specifically, N.J.S.A. 2C:14-10 states that a person convicted of a qualifying sex offense “shall” be assessed the statutory penalty. … We construe that provision in accordance with established principles of statutory interpretation.

State v. Vigliano

50 N.J. 51 · Supreme Court of New Jersey · Jul 7, 1967

The Hope Dell record, which clearly notes the above facts, shows also that at 1:10 n. m. on March 29 county prosecutor’s detective Edmond requested that Dario be kept at Hope Dell until further notice from him. … The witness qualified primarily as a chemist and toxicologist. In addition he said he had been associated with the State Police since 1939.

State v. Blackmon

202 N.J. 283 · Supreme Court of New Jersey · Jun 9, 2010

That right is well-established and has been embodied in our Court Rules. … Small qualified as a relative within the meaning that term’s statutory definition, see N.J.S.A. 52:4B-36(n), -37, and therefore had a right to speak.

F.B. v. A.L.G.

176 N.J. 201 · Supreme Court of New Jersey · May 14, 2003

However, certain subsections clearly are not applicable. Rule 4:50-2 requires an application for relief under subsections (a), (b), and (c) to be brought within one year of the judgment. … To qualify for federal funds, a State must certify that it will operate a child support enforcement program that conforms with the requirements of the Act, including, among other things, a comprehensive system to establish

R.A.C. v. P.J.S.

192 N.J. 81 · Supreme Court of New Jersey · Jul 17, 2007

The Parentage Act was intended to “establish the principle that regardless of the marital status of the parents, all children and parents have equal rights with respect to each other and to provide a procedure to establish … Umsted, 446 F.3d 17 , 22 n. 4 (1st Cir.2006), and confers immunity on a defendant after running its course, Van Slyke v. Worthington, 265 N.J.Super. 603, 608 , 628 A.2d 386 (Law Div.1993).

State v. JM

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.

Village of Ridgefield Park v. Bergen County Board of Taxation

31 N.J. 420 · Supreme Court of New Jersey · Jan 25, 1960

Hence plaintiffs, upon establishing the allegations of their complaint, would be entitled to a judgment directing the several assessors to proceed expeditiously to assess all taxable property in accordance with the statute … The judiciary has no power to devise tax programs or to qualify the existing legislative mandate with a judge’s private view of what is just or sensible. One further question should be considered.

State v. Castagna

187 N.J. 293 · Supreme Court of New Jersey · Jul 17, 2006

It must also appear that the examiner is qualified and the test administered in accordance with established polygraph techniques.” Ibid. … entered her stipulation knowing that the results of her polygraph examination could be used in a trial other than her own, there is substantial doubt that, in respect of the use of those results in defendants’ trial, Arias clearly

Knight v. City of Margate

86 N.J. 374 · Supreme Court of New Jersey · Jun 25, 1981

reasons exist for believing that in the superseding enactment, L. 1981, c. 142, the Legislature, though it limited the coverage of the Conflicts of Interest Law to full time judicial officers, did not intend to exclude or immunize … V We are constrained to deal with another problem that is now clearly and unavoidably presented by our determination that the ethical standards of the New Jersey Conflicts of Interest Law apply to full-time members of the

Fitzgerald v. Stanley Roberts, Inc.

186 N.J. 286 · Supreme Court of New Jersey · Apr 20, 2006

Given that credibility was at the heart of the case, the unlimited gossip evidence was clearly capable of producing an unjust result. … Thus specific act evidence may be admitted at such a hearing insofar as it bears on whether the witness possesses sufficient information to be qualified to give evidence of the subject’s bad character.

State v. Witte

13 N.J. 598 · Supreme Court of New Jersey · Nov 23, 1953

But it is urged that the indictment does not “clearly charge a legal duty” nor “set up with particularity a specification of the acts demonstrating an intent to violate that duty.” … Eor instance, Guarini was called to establish his conduct of Costa’s Barn as a gaming house.

Kletzkin v. Borough of Spotswood Bd. of Educ.

136 N.J. 275 · Supreme Court of New Jersey · Jun 29, 1994

Such a reading would clearly detract from the statutory purpose. [ Ibid. ] See also Dennery v. … A school board may also establish a shorter probationary period, N.J.S.A. 18A:28-5(a), but Spotswood has not done so, relying instead on the term established by statute.

State v. Dougherty

86 N.J.L. 525 · Supreme Court of New Jersey · Jan 12, 1915

To adopt the view urged upon us would lead to most pernicious consequences in every department of government, by giving to corrupt legislators and those entrusted with administering the law immunity from punishment for their … It is quite possible that in the minds of the jurors the question of identitjr may have been established.

In Re the Accounting of Thompson

53 N.J. 276 · Supreme Court of New Jersey · Feb 18, 1969

The court held that an adopted child of one of the cousins would not, in the absence of evidence of a contrary purpose, qualify as a descendant within the meaning of the instrument; it noted that the words “descendant” and … “issue” in their ordinary and primary meaning “connote lineal relationship by blood” and would be so construed unless it clearly appeared that they were used “in a more extended sense”; in a footnote it pointed out that

State v. Cleveland

6 N.J. 316 · Supreme Court of New Jersey · Feb 5, 1951

We think the law clearly demands that when a jury in a murder case is polled, each juror, if he finds the defendant guilty, shall designate by his verdict whether it be murder in the first degree or in the second degree. … But it limited and qualified its ruling by declaring: “We do not go so far as to adopt that as .an unqualified rule.

Allstate Insurance Company v. Northfield Medical Center P.C.(076069) (Morris County and Statewide)

228 N.J. 596 · Supreme Court of New Jersey · May 4, 2017

supra, observed that “[a] fair reading of the Act . . . requires the conclusion that any healthcare service authorized by the Act, in order to be eligible for recognition, must also comply with any other significant qualifying … That clearly supported finding is not overcome by any form-over-substance argument based on the placement of bare legal title in the plenary licensee who participated in this scheme.

State v. Nelson

155 N.J. 487 · Supreme Court of New Jersey · Jul 30, 1998

Three jurors, as opposed to four, voted that the catchall mitigating factor had been established. … The allegations in the suppressed complaint did not make the detective an expert or affect any potential of qualifying him as an expert.

Dunellen Bd. of Ed. v. Dunellen Ed. Assn.

64 N.J. 17 · Supreme Court of New Jersey · Nov 20, 1973

In their relations with their employees the boards were clearly to be distinguished from private employers in private industry. … On appeal the Wisconsin Supreme Court first pointed out that many items and restrictions in the school calendar are established by statutes and to that extent may not be changed by negotiation.