Case law

Moore v. Central Railroad

24 N.J.L. 268 · Supreme Court of New Jersey · Feb 15, 1854

Ganett (a common carrier by water, who had deviated from his course), 6 Bingham 716, “that no wrongdoer can be allowed to apportion or qualify his own wrong.” … Upon the same principle, no plaintiff chargeable with carelessness and negligence can be permitted to apportion or qualify his own culpability,'and to say the accident might have happened if he had been blameless.

Abbotts Dairies, Inc. v. Armstrong

14 N.J. 319 · Supreme Court of New Jersey · Jan 18, 1954

There is no such interdiction against sales in excess of prices so established. … It is of the very nature of the power that the adminis *339 trative function be clearly and expressly delineated. It cannot be made to rest upon doubtful or uncertain implication.

In Re Mathesius

188 N.J. 496 · Supreme Court of New Jersey · Nov 30, 2006

The Advisory Committee’s duties are clearly delineated in our Rules. See R. 2:15-1 to -25 (providing for establishment, staffing, operations, jurisdiction and procedures of Advisory Committee on Judicial Conduct). B. … Finally, in the aggregate, that behavior clearly and convincingly establishes “conduct prejudicial to the administration of justice that brings the judicial office into disrepute[,]” in violation of Rule 2:15-8(a)(6).

State v. Nesbitt

185 N.J. 504 · Supreme Court of New Jersey · Jan 12, 2006

The trial court overruled defense counsel’s objection that the expert was not qualified to testify in respect of the defendant’s state of mind. … The hypothetical question should clearly indicate that it is the witness’ opinion that is being sought and that that opinion was formed assuming the facts and circumstances adduced only at trial.

Matter of Controlled Cable Corp.

95 N.J. 473 · Supreme Court of New Jersey · Mar 13, 1984

It does not suggest clearly that the failure to inform the City Council of the precise agreement resulted in a lack of information regarding Controlled’s financial capacity and the source of its funds. … The structure of the Act and present regulations also suggests a qualified municipal role in evaluating financial capacity.

State v. Lucas

30 N.J. 37 · Supreme Court of New Jersey · Jun 1, 1959

He declared for the court: “In the first place, however, it becomes material to a correct understanding- of the subject, to settle what is meant by the qualifi *55 cation, ‘corroborating,’ annexed to the term ‘circumstances … Request number 34 was framed in the familiar M’Naghten terminology: “To establish a defense on the grounds of insanity, it must be clearly proven that, at the time of the committing of the act, the party accused was laboring

F.G. v. MacDonell

150 N.J. 550 · Supreme Court of New Jersey · Jul 22, 1997

To do so would establish the tenets of Episcopal religion as the basis for civil liability. … Supp. 321 (S.D.N.Y. 1991), are mistaken if they are read to suggest that the First Amendment immunizes pedophiliac conduct by members of religious bodies.

State v. Dancyger

29 N.J. 76 · Supreme Court of New Jersey · Feb 2, 1959

In our opinion the above proofs clearly made the question of whether the defendant was guilty of larceny one for the determination of the jury and it was for them, rather than for the court, to decide whether the evidence … Hence, the defendant can only prevail if that part of the charge *90 qualifies as plain error. Ii. B. 1:5-l(a). In State v.

State ex rel. Werts v. Rogers

56 N.J.L. 480 · Supreme Court of New Jersey · Feb 15, 1894

A majority constitutes a quorum in both bodies, and in both there is always more than a quorum of qualified senators holding seats in the body. … If this be established then the body composed of seven .

Ilda Aguas v. State of New Jersey (072467)

220 N.J. 494 · Supreme Court of New Jersey · Feb 11, 2015

It concluded, however, that the State had established an affirmative defense. … Furthermore, someone who directs only a limited number of tasks or assignments would not qualify as a “supervisor.”

Martindale v. Sandvik, Inc.

173 N.J. 76 · Supreme Court of New Jersey · Jul 17, 2002

Preliminarily, it is well established that an employee may be bound by an agreement to waive his or her right to pursue a statutory claim in a judicial forum in favor of arbitration. … comparative bargaining positions of landlords and tenants in housing accommodations within many areas of the state are so unequal that tenants are in no position to bargain" and that "an exculpatory clause which purports to immunize

State v. United States Steel Corp.

22 N.J. 341 · Supreme Court of New Jersey · Oct 4, 1956

The indication is clearly to the contrary. See N. J. S. 2A :37-33. The distinction is fundamental where the derivative concept is applicable. … The recommendations of the Attorney-General in establishing a standard of compensation have also received our attention. We agree with that official that the scale “must be applied in a flexible manner.”

State v. Fausto Camacho (072525)

218 N.J. 533 · Supreme Court of New Jersey · Aug 5, 2014

A defendant’s ability to invoke the privilege at trial -- generally by opting not to testify -- reflects the well-established principle that the State is “constitutionally compelled to establish guilt by evidence independently … Therefore, we may reverse only if the unchallenged error was “clearly capable of producing an unjust result.” R. 2:10-2.

State v. Bruno Gibson (072257)

219 N.J. 227 · Supreme Court of New Jersey · Sep 16, 2014

The Law Division found that the State carried its burden of proof to establish that defendant drove while intoxicated. … On the other hand, “clearly with that evidence, there was enough to support the sentence.” Id. at 40, 109 S. Ct. at 290, 102 L. Ed. 2d at 273.

Lepis v. Lepis

83 N.J. 139 · Supreme Court of New Jersey · Jun 11, 1980

Therefore, once a prima facie case is established, tax returns or other financial information should be ordered. … While the supported spouse need not completely deplete savings to qualify for increased support, see Capodanno v.

State v. Rechtschaffer

70 N.J. 395 · Supreme Court of New Jersey · Jun 14, 1976

It reaches this decision by characterizing the testimony of Agent Dempsey as being clearly relevant because it indicated “consciousness of guilt, or [was] inconsistent with innocence or tend[ed] to establish intent.” … charge, the *430 failure of the judge to declare a mistrial as to both offenses was clearly error.

In Re Petti

36 N.J. 146 · Supreme Court of New Jersey · Nov 20, 1961

The attempt was to create the form, evade the substance and by this subterfuge qualify Miss Petti for the examination. … The diary does not clearly support much of such activity and one has to conclude it was not extensive. In any event, I fail to see how it could cure the basic infection.

State v. Carter

85 N.J. 300 · Supreme Court of New Jersey · Mar 3, 1981

Defense counsel contend that had they known at the time of trial that which they came to know only after the trial, that is, that the lie detector report meant the *310 opposite of what it clearly said, they would have turned … This Court has stated repeatedly that to qualify as newly discovered evidence entitling a party to a new trial, the new evidence must be (1) material to the issue and not merely cumulative or impeaching or contradictory;

Dale v. Boy Scouts of America & Monmouth Council

160 N.J. 562 · Supreme Court of New Jersey · Aug 4, 1999

Once an adult member is approved, that person is also qualified to be a leader. … Such a result is clearly inconsistent with the remedial purposes of the LAD.

Sayre v. Mayor of Newark

60 N.J. Eq. 361 · Supreme Court of New Jersey · Mar 19, 1900

Bell, 2 Zab. 441, which established the law of this state as a finality, the action was in trespass quare clausum fregit. The defendant pleaded liberum ienementum. … It will be-observed that the chief-justice in the decision ■of this case qualifies the doctrine on which the Stevens Case was decided, and limited the immunity of such public body from liability for damages resulting to individuals