Case law

State v. Johnson

61 N.J. 351 · Supreme Court of New Jersey · Jul 20, 1972

As of 1970 the Constitutions of 37 States by language similar to ours had established such a right to bail in non-capital cases. … Many cases are referred to in Pelt and Ball which clearly support the results reached.

Ruckman v. Ransom

35 N.J.L. 565 · Supreme Court of New Jersey · Jun 15, 1871

. ■ Clearly this reenactment was for the sole purpose of condensation. … To pass upon the sufficiency of a notice of the meeting served upon a party, is a function of a judge; and this act, in the present case, was performed by the arbitrator after he had been legally qualified.

Greenspan v. Slate

12 N.J. 426 · Supreme Court of New Jersey · Jun 1, 1953

And I think the result would be much the same if the mother had a well-established earning ability to the same extent.” … Clearly they knew that the services were necessary and that a physician would expect payment for his services.

Lehmann v. Toys 'R' US, Inc.

132 N.J. 587 · Supreme Court of New Jersey · Jul 14, 1993

Quid pro quo sexual harassment is more easily recognized and more clearly defined and well-established as a cause of action. … However, such conduct would also more clearly qualify as negligence or recklessness, thus triggering liability under § 219(2)(b).

Jersey City Chapter of Property Owner's Protective Ass'n v. City Council of Jersey City

55 N.J. 86 · Supreme Court of New Jersey · Dec 15, 1969

The decisions rejecting various constitutional attacks on urban renewal legislation have clearly recognized that it goes far beyond the elimination of the perceptually offensive slums. See Wilson v. … J., at 477; see 2 Sutherland, supra § 5102, at 509-10: Standards established by the medium of legislation are usually intended to have considerable breadth with the result that a statute may cover many situations that do

Stomel v. City of Camden

192 N.J. 137 · Supreme Court of New Jersey · Jul 25, 2007

The official must also be responsible for establishing final government policy respecting such activity before the municipality can be held liable. … Stomel’s speech undoubtedly would qualify as protected conduct under CEPA’s provisions. See N.J.S.A 34:19-3(a), (e)(1).

Delaware, Lackawanna & Western Railroad v. City of Hoboken

10 N.J. 418 · Supreme Court of New Jersey · Oct 20, 1952

Stewart, who qualified as an expert witness for the cities,-as to pier rentals along the Jersey City and Hoboken waterfronts. … That case did not concern the admissibility of evidence used circumstantially by a qualified expert witness to explain the basis of his opinion.

State v. Koedatich

118 N.J. 513 · Supreme Court of New Jersey · Apr 19, 1990

It undertook the burden of establishing certain facts beyond a reasonable doubt in its quest to obtain the harsher of the two alternative verdicts. … On that question, both the statute and our cases clearly recognize that a non-unanimous verdict is permissible under the Act. See State v. Ramseur, supra, 106 N.J. at 312, 524 A. 2d 188 .

Sommer v. Kridel

74 N.J. 446 · Supreme Court of New Jersey · Jun 29, 1977

, but it was an estate qualified by this right of the landlord to prevent its transfer,” 94 N. … W. 2d 362 (1950) (reasonable diligence not established where newspaper advertisement placed in one issue of local paper by a broker); Scheinfeld v. Muntz T.V., Inc., 67 Ill. App. 2d 8 , 214 N. E. 2d 506 (Ill.

State v. Simon

113 N.J.L. 521 · Supreme Court of New Jersey · Oct 5, 1934

The existence of such statement being admitted, the next question was one of procedure, viz., how the defense could establish a right to have it produced? … There was clearly a proper ease for the jury at both stages of the case.

Wright v. State

169 N.J. 422 · Supreme Court of New Jersey · Jul 31, 2001

It establishes the principle of vicarious liability for all public entities for "injury proximately caused by an act or omission of a public employee within the scope of his employment" and thereby relies upon the established … Thus, it follows that when county prosecutors and their subordinates act in their law enforcement/investigatory capacity, they act as "agents" and "officers" of the State, qualifying as State employees under N.J.S.A. 59:1

Rendine v. Pantzer

141 N.J. 292 · Supreme Court of New Jersey · Jul 24, 1995

have been concluded. * * * ■ If a district court has articulated a fair explanation for its fee award in a given case, the court of appeals should not reverse or remand the judgment unless the award is so low as to provide clearly … Many actions seek only declaratory or injunctive relief, many are hampered by immunity doctrines and special defenses available to the defendants, and many will generate only small awards.

New Jersey Association on Correction v. Lan

80 N.J. 199 · Supreme Court of New Jersey · Jun 8, 1979

. * * * No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon. * * * [N. J. … Persons within the penal system may qualify for services for the mentally infirm or handicapped. Persons suffering from mental illness or retardation or other handicaps frequently move through the penal system.

Clowes v. Terminix International, Inc.

109 N.J. 575 · Supreme Court of New Jersey · Mar 21, 1988

summarized the elements of a prima facie case of unlawful discrimination as follows: *596 The plaintiff must demonstrate by a preponderance of the evidence that he or she (1) belongs to a protected class, (2) applied and was qualified … Our review of the record reveals no competent evidence establishing that fact. Dr.

State v. Cavallo

88 N.J. 508 · Supreme Court of New Jersey · Feb 17, 1982

However, while allowing expert character evidence, Rule 47 clearly contemplates that such testimony must qualify as proper expert evidence: This type of evidence is now admissible provided that a proper foundation is laid … The Court concluded by setting forth the limited nature of its holding: In reaching this judgment, we establish no new principles of constitutional law.

State v. Asbury Park Press

123 N.J. 481 · Supreme Court of New Jersey · Apr 23, 1991

In interpreting that exception we rely on well-established principles of statutory construction. … In holding against reporters who claim immunity from testifying, many courts find that the rationale behind media privilege laws is to protect media access to confidential sources, and that in an eyewitness situation the

State v. Merkle

83 N.J.L. 677 · Supreme Court of New Jersey · Nov 18, 1912

Lyons, 41 Id. 635, has never been departed from or qualified in this court. … In the present case it clearly did not, and in such a situation the very statute invoked by the plaintiff in error forbids in terms a reversal for such an omission.

State v. Martini

131 N.J. 176 · Supreme Court of New Jersey · Feb 9, 1993

I believe that close scrutiny of the record establishes that the voir dire did not assure that the jury in this capital case was properly qualified. … Clearly, the pretrial testimony of the interrogating officers was such reliable evidence.

Giardina v. Bennett

111 N.J. 412 · Supreme Court of New Jersey · Aug 10, 1988

The legislative purpose behind it clearly embraces the intent to create an entirely new and distinctive cause of action where none had existed before. … Robins, 168 N.J.Super. 543 (App.Div.1979) ("if death had not ensued” language intended only to qualify kind of actionable conduct of tortfeasor that will support lawsuit).

State v. Zaire J. Cromedy

Supreme Court of New Jersey · Aug 5, 2025

The elements the State must prove are: (1) a current violation of subsection (a), (b), (c), or (f) of N.J.S.A. 2C:39-5 and (2) a prior NERA-qualifying conviction. … The distinction between grades depends on specific elements. 3 Some statutes define the relevant offense and then establish the grades of that offense in clearly labeled subsections.