Case law

Hopple v. Higbee

23 N.J.L. 342 · Supreme Court of New Jersey · Jun 15, 1852

Upon the mere question of compensation, the distinction sought to be established is without foundation. … But there are exceptions and qualifications of this rule, as plain and well established as the rule itself.

State ex rel. M.T.S.

129 N.J. 422 · Supreme Court of New Jersey · Jul 30, 1992

We then must consider what evidence is probative to establish the commission of a sexual assault. … The term “physical force,” like its companion term “coercion,” acts to qualify the nature and character of the “sexual penetration.”

Gough v. Bell

22 N.J.L. 441 · Supreme Court of New Jersey · Jul 15, 1850

Coles, under whom the plaintiff claims, extended to the river, but they were as clearly limited to the edge of the river. … Of course, if so, it is to be understood in a qualified sense, and subject to the public rights of navigation, &c., as already more particularly remarked upon.

State v. Harris

181 N.J. 391 · Supreme Court of New Jersey · Oct 19, 2004

From any objective standpoint, the trial transcript reveals that defense counsel clearly achieved that goal. … That would be clearly improper, clearly open up the time frame from birth until present. *492 Call explained that Harris had a right to present evidence that "would make it more likely that [jurors] would extend mercy to

International Flavors & Fragrances, Inc. v. Director, Division of Taxation

102 N.J. 210 · Supreme Court of New Jersey · Apr 10, 1986

Yet power cannot clearly be discerned unless we understand the requirements of the foreign law under which IFF's subsidiaries are incorporated. … Unless the language of the statute clearly dictates otherwise, such decisions are better left to the tax and budgeting experts, not the courts.

State v. Garcia

195 N.J. 192 · Supreme Court of New Jersey · Jun 18, 2008

defendant to concurrent seven-year terms of imprisonment for conspiracy to commit armed burglary, attempted armed burglary, and possession of a weapon for an unlawful purpose, and imposed an eighty-five percent parole dis-qualifier … Defendant must be provided the opportunity to establish whether the witness would have given favorable testimony.

State v. Anthony K. Cole (076255) (Middlesex and Statewide)

229 N.J. 430 · Supreme Court of New Jersey · Jun 27, 2017

He reasoned that, although the evidence is subject to interpretation, I have to agree with the State that it’s clearly conduct which relates to the statements previously made by this defendant. … What will qualify as relevant evidence of demeanor in those instances?

Williams v. State

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.

State v. Kareem T. Tillery (079832) (Essex County and Statewide)

238 N.J. 293 · Supreme Court of New Jersey · Jun 19, 2019

clearly beyond a preponderance of the evidence ... the defendant's involvement in each and every one of those transactions." … The parties agree that defendant qualified as a "persistent offender" for purposes *885 of N.J.S.A. 2C:44-3(a) ; accordingly, he was statutorily eligible for a discretionary extended term.

P.T. & L. Construction Co. v. State, Department of Transportation

108 N.J. 539 · Supreme Court of New Jersey · Oct 19, 1987

Annotation, “Public Contracts: Duty of Public Authority to Disclose to Contractor Information, Allegedly in its Possession, Affecting Cost or Feasibility of Project,” 86 A.L.R. 3d 182 (1978) (where not prohibited by a sovereign immunity … First, there was the so-called “Madigan-Hyland letter,” dated December 30, 1964. 12 This letter *559 clearly disclosed to the State that working conditions at the site would impose unusual difficulties for a construction

In Re Ordinance 04-75

192 N.J. 446 · Supreme Court of New Jersey · Sep 26, 2007

Here, based on its statutory context, the word “any” clearly is synonymous with the word “all.” … That sampling clearly establishes that the Legislature has determined, on multiple occasions, those municipal matters that should not be called before the voters in a referendum.

State v. Thompson

59 N.J. 396 · Supreme Court of New Jersey · Nov 8, 1971

The trial court charged the jury clearly and in detail as to .the presumption of innocence of the defendant and on the burden resting upon the State to establish guilt beyond a reasonable doubt which, too, was adequately … At the outset of his examination defendant’s attorney established that Euart had participated in the investigation of the murder and had made written reports thereon to his superiors.

State v. Humphreys

89 N.J. 4 · Supreme Court of New Jersey · Apr 15, 1982

To establish an abuse of discretion in the analogous context of pretrial intervention a party faces a heavy burden. State v. Bender, 80 N.J. 84 (1979). In State v. … Reviewing the record under this standard, we conclude that the trial judge did not clearly abuse his discretion in denying this defendant a conditional discharge.

Risko v. Thompson Muller Automotive Group, Inc.

206 N.J. 506 · Supreme Court of New Jersey · Jun 7, 2011

He did qualify his comments by stating “They didn’t intend to put her through that[,]” but then added “[b]ut now they have to pay for that.” (Emphasis added.) … The argument was carefully conceived and crafted to suggest a minimum award to plaintiff in violation of well-established jurisprudence.

Joel S. Lippman, M.D. v. Ethicon, Inc. (073324)

Supreme Court of New Jersey · Jul 15, 2015

Where the Legislature intended to impose an exhaustion requirement, it has said so clearly. … ANJMA argues in favor of a higher standard for watchdog employees to qualify for CEPA protection if they are to be eligible for such protection at all.

In the Matter of the Adoption of a Child by J.E v. and D.G.V.

226 N.J. 90 · Supreme Court of New Jersey · Jul 26, 2016

If you qualify, the Court will appoint counsel for you free of charge.” … L.A. submits that because the right has not been clearly established, it would have been impossible for her to waive it.

State v. Anderson

127 N.J. 191 · Supreme Court of New Jersey · Mar 16, 1992

This appeal is centered on just such a long-established and essentially unchallenged rule. … That determination is clearly within the province and capabilities of the members of a jury. See State v.

Buck v. Henry

207 N.J. 377 · Supreme Court of New Jersey · Aug 22, 2011

Kirstein was "not qualified to offer an Affidavit of Merit against [Dr. … The appellate panel noted that, in medical malpractice cases, the Affidavit of Merit statute clearly requires an affidavit "from a physician who `specialized at the time of the occurrence that is the basis for the action

Hutchinson v. Coleman

10 N.J.L. 74 · Supreme Court of New Jersey · Sep 15, 1828

That the court have a legal discretion to set aside verdicts which appear to them to be clearly against the weight of evidence, is not deniable. 2 Pen. 578. 2 Archb. 253. … These witnesses were well acquainted with the premises, and from their occupations might be considered well qualified to judge in this case, and no doubt had ara influence with the jury, beyond what a careful examination

Hutchinson v. Coleman

10 N.J.L. 87 · Supreme Court of New Jersey · Sep 15, 1828

That the court have a legal discretion to set aside verdicts which appear to be clearly against the weight of evidence is not deniable. 2 Pen. 578. 2 Archb. 253. … difficulty of clearing out his race, but goes so far as to say, that “ he considers this an improvement to his mill.-” These witnesses were well acquainted with the premises, and from- their occupations might be considered well qualified