Case law

State v. Spann

130 N.J. 484 · Supreme Court of New Jersey · Jan 5, 1993

Johnson, 42 N.J. 146, 171, 199 A.2d 809 (1964) (requiring reliability of expert opinion evidence to be “clearly established”). … See Windmere, supra, 105 N.J. at 378 , 522 A.2d 405 (“[i]n1;he criminal context, conditions of admissibility must be ‘clearly established’ ”) (quoting State v. Johnson, supra, 42 N.J. at 171 , 199 A.2d 809 ).

C.A. v. Eric Bentolila, M.D. (071702)

219 N.J. 449 · Supreme Court of New Jersey · Sep 29, 2014

The Hospital complied with the PSA’s mandate that this case be analyzed by a qualified team of its staff. … Yet that is all this record establishes.

Keddie v. Rutgers, State University

148 N.J. 36 · Supreme Court of New Jersey · Mar 6, 1997

If that requirement is satisfied, the documents qualify as public records under the RTKL. … Unlike RTKL *50 documents, the right to access common-law records is a qualified one. Home News, supra, 144 N.J. at 453 , 677 A.2d 195 .

Kennedy v. Camp

14 N.J. 390 · Supreme Court of New Jersey · Jan 11, 1954

The ground of this commonlaw immunity is the legal identity of husband and wife. … In any event, such policy as may possibly prevail against tort actions between spouses clearly has no bearing on situations which do not involve any direct proceedings between them as adverse party litigants.

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.

In Re State Ex Rel. Cv

201 N.J. 281 · Supreme Court of New Jersey · Mar 22, 2010

Moreover, because C.V. was clearly beyond her grandmother's control, the court placed her in the custody of the Division of Youth and Family Services. … s placements in YCS and VisionQuest do not satisfy the intended concept of detention in Rule 5:21-3(e) to qualify for mandatory day-to-day credit.

Pellicer v. St. Barnabas Hospital

200 N.J. 22 · Supreme Court of New Jersey · Jul 23, 2009

She had only completed two-and-a-half months of her first year of residency and was only qualified to intubate an adult. … And with each person we excuse, it brings home more clearly to each ol' the jurors who are in this jury box, who said clearly and definitely that they can separate out personal experience and emotion from the facts and the

State v. Christener

71 N.J. 55 · Supreme Court of New Jersey · Jul 14, 1976

This disposition is clearly anomalous for a crime which the dissent would otherwise portray as a cold-blooded murder. … And our ancestors secured this concept of immunity from intrusion in the Fourth Amendment: The right of the people to be secure in their * * * houses * * * against unreasonable searches and seizures, shall not be violated

Matter of Woodhaven Lumber

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

In Re Clee

119 N.J.L. 310 · Supreme Court of New Jersey · Jan 11, 1938

Schlemm, supra (at p. 436), “* * * Mere suspicion does not establish the legality of the election of the petitioner or the defeat of the incumbent." … It is the duty of the court to uphold an election unless it clearly appears that it was illegal. Love v. Freeholders, &c., 35 N. J. L. 269, 277; public policy so ordains. Cleary v. Kendall, supra.

In re D.C.

203 N.J. 545 · Supreme Court of New Jersey · Sep 29, 2010

Clearly, if sibling bonds are important in healthy families, they are critical to children who experience chaotic circumstances. … Maintain or establish family relationships. ...”

State v. Hill

199 N.J. 545 · Supreme Court of New Jersey · Jul 14, 2009

It was prejudicial to defendant and was clearly capable of producing an unjust result. … Defendant himself identified the gun used in the robbery and stipulated that it qualified as an operable firearm.

Sofman v. Denham Food Service, Inc.

37 N.J. 304 · Supreme Court of New Jersey · May 7, 1962

Clearly the transaction is no less a sale than that where a customer purchases a loaf of bread, Simon v. Graham Bakery, 17 N. J. 525 (1955); a can of peaches, Griffin v. James Butler Grocery Co., 108 N. J. … J. 29, 46 (1958), overruling the long established doctrine of charitable immunity. Mr.

State v. Evans

235 N.J. 125 · Supreme Court of New Jersey · Jun 28, 2018

The judge ruled that the officer's search incident to Evans's arrest could not alone qualify as an exception to the warrant requirement needed to authorize a strip search. … If probable cause is established, courts must explore exceptions to the warrant requirement.

Jackman v. Bodine

43 N.J. 453 · Supreme Court of New Jersey · Nov 25, 1964

It is one conceived out of compromise and concession indispensable to the establishment of our federal republic. … Although it is true that the people voted for the referendum as thus clearly limited and adopted also the constitution the Convention proposed, it would be quite unreal to say the people had a meaningful choice.

State v. Fuqua

234 N.J. 583 · Supreme Court of New Jersey · Aug 9, 2018

As a consequence, N.J.S.A. 2C:24-4(a)(2)"is clearly and readily capable of comprehension." State v. M.L. , 253 N.J. Super. 13 , 30, 600 A.2d 1211 (App. Div. 1991). … N.J.S.A. 2C:24-4(a)(2), plainly, does not delineate two distinct elements -- proof of actual harm and harm qualifying as abuse or neglect under Title 9.

Lucent Technologies, Inc. v. Township of Berkeley Heights

201 N.J. 237 · Supreme Court of New Jersey · Mar 17, 2010

The Rule establishes certain procedural requirements for enforcing the statute by imposing a time limit on when the municipality's dismissal motion may be filed. … As Justice Hoens's opinion clearly sets forth, the taxpayer in the controversy presently before us filed clearly false and fraudulent responses to a tax assessor's request for income information under N.J.S.A. 54:4-34, a

State v. Tansimore

3 N.J. 516 · Supreme Court of New Jersey · Jan 23, 1950

Spradley, an eminently qualified specialist in the diagnosis and treatment of nervous and men-, tal diseases, testified in answer to an hypothetical question the defendant’s mental processes were so prostrated during the … The rule seems well defined and clearly stated and we see no reversible error committed here.

Brennan v. Orban

145 N.J. 282 · Supreme Court of New Jersey · Jul 16, 1996

[I]n order to qualify for a jury trial, the claimant must establish by written expert opinion that proofs will be introduced at trial demonstrating that the injury is serious and significant, resulting in permanent physical … Merenoff, 76 N.J. 535 , 388 A.2d 951 (1978), abolished inter-spousal immunity) may render the tort action an illusory remedy. In any case, the policy of the *306 law remains the same.

Radio Taxi Service, Inc. v. Lincoln Mutual Insurance Co.

31 N.J. 299 · Supreme Court of New Jersey · Jan 11, 1960

handling of the settlement offer was sufficient to withstand the insurance company’s motion to dismiss at the end of the assured’s case; although there was evidence from which other inferences might be drawn, the assured was clearly … So far as its interest is concerned, there must be a willingness within the policy limit reasonably to spend its money in purchasing immunity for the insured.