Case law

In re Pennsylvania & Newark Railroad

31 N.J. 146 · Supreme Court of New Jersey · Nov 23, 1959

S. 48:12-1 *149 et seq.), an act providing for the establishment of railroad companies. … The list of municipalities to which local taxes were paid clearly indicates the properties followed that course.

New Jersey Transit PBA Local 304 v. New Jersey Transit Corp.

151 N.J. 531 · Supreme Court of New Jersey · Sep 25, 1997

They must comply with policies established by the Attorney General, ibid., and must satisfy “requirements established by the Police Training Commission,” *536 N.J.S.A. 27:25-15.1c. … Available information indicates that police departments generally have not been immune from the drug use that has affected other workplaces. See Joseph F.

State v. Brown

236 N.J. 497 · Supreme Court of New Jersey · Feb 4, 2019

Therefore, the statement qualifies as a dying declaration under N.J.R.E. 804(b)(2). … As to the portion of the statement inculpating Brown, it qualifies as admissible hearsay under N.J.R.E. 803(a)(2).

President of the Manhattan Co. v. Armour

11 N.J. 257 · Supreme Court of New Jersey · Jan 19, 1953

Such evidence was clearly incompetent and was rightly excluded.” Calder v. Bryant, 282 Mass. 231 , 184 N. E. 440, 443 , 94 A. L. R. 18 (Sup. Jud. Ct. 1933). … herein enunciated, it suffices to point out that -the will provides the “book value” shall be “determined by an inventory taken and a balance sheet struck at the end of the” corporate fiscal year of the testator’s death, qualified

Hynes v. Mayor of Oradell

66 N.J. 376 · Supreme Court of New Jersey · Jan 24, 1975

So long as no more is involved than exercise of the rights of free speech and free assembly, it is immune to such a restriction. … The existence of the registration requirement permits the police to establish the identity of registered canvassers without investigation.

Green v. New Jersey Manufacturers Insurance

160 N.J. 480 · Supreme Court of New Jersey · Jul 29, 1999

Although those two versions are different and the deposition testimony may therefore qualify as relevant impeachment evidence because it “calls into question” plaintiffs trial testimony, it does little to establish that plaintiff … The trial court clearly recognized the potential for the prejudicial impact of the evidence.

Vickers v. Tp. Committee of Gloucester Tp.

37 N.J. 232 · Supreme Court of New Jersey · May 7, 1962

Euclid long ago noted: “A regulatory zoning ordinance, which would be clearly valid as applied to the great cities, might be clearly invalid as applied to rural communities.” 71 L. Ed., at p. 310 . … It is clearly a heterogeneous, growing municipality, very close by the Philadelphia metropolitan area, in the path of further expansion of varied kinds.

In re Public Service Electric & Gas Company's Rate Unbundling

167 N.J. 377 · Supreme Court of New Jersey · Dec 6, 2000

In my view both the statute and its legislative history clearly indicate that the five percent reduction should be calculated from the rates in effect on April 30,1997. … contemplates that a utility unable to fund the required rate reductions by reducing distribution or transmission charges must fund the rate reductions by reducing the' market transition charge, subject to the statute’s qualifying

Baird v. American Medical Optics

155 N.J. 54 · Supreme Court of New Jersey · Jul 15, 1998

Those authorities must speak more clearly if they wish to prevent consumers who have been injured by experimental medical devices from maintaining state-law claims to recover for their injuries. … Because the MDA does not provide a federal remedy for injured consumers, preemption of state-law *77 claims would eliminate any remedy for them and effectively immunize manufacturers of investigational devices from liability

L.T. v. New Jersey Department of Human Services

134 N.J. 304 · Supreme Court of New Jersey · Dec 15, 1993

Under the TRA program, qualifying GA recipients may *311 receive rental subsidies of $200 per month or more for up to a year. … Courts act only in those rare circumstances in which the agency action is clearly inconsistent with its legislative mandate.

State v. Jackson

43 N.J. 148 · Supreme Court of New Jersey · Jul 31, 1964

Barbara’s testimony, when coupled with the death and the attendant circumstances, was clearly enough to compel denial of the motion for acquittal. … qualified juror may take his place. 170 S.

McCutcheon v. State Building Authority

13 N.J. 46 · Supreme Court of New Jersey · Jun 8, 1953

When duly enacted it is presumptively valid, and only when it clearly appears to run counter to an express restrictive provision of the Constitution will it be declared invalid in a case actually requiring such determination … Although the majority opinion suggests factual distinctions from those presented in the Earle case, they are clearly without significance; the fact is that the court in the Earle case flatly sustained the state's power *77

NJ Builders, Owners and Managers Association v. Blair

60 N.J. 330 · Supreme Court of New Jersey · Dec 7, 1972

The Plan requires contractors in the Philadelphia area to formulate specific employment programs utilizing minority workers before they may qualify for federally funded contracts. … Clearly the Philadelphia Plan is eolor-conscioUS.'

In Re the Estate of Roche

16 N.J. 579 · Supreme Court of New Jersey · Nov 22, 1954

(Emphasis supplied) It is conceded by the defendants on this appeal that the plaintiff, who individually is a nonresident, has adequate status to qualify her as an applicant for ancillary administration under N.J.S. 3 A : … Chancellor Green found that this principle of dual administration was established in the English law by, inter alia, Preston v. Lord Melville, 8 Clark & Fin. 1, 8 Eng.

Watkins v. Nelson

163 N.J. 235 · Supreme Court of New Jersey · Apr 6, 2000

Collinsworth, 771 S.W.2d 329, 330 (Ky.1989) (requiring unfitness,or abandonment ánd noting that failure to provide essential care only qualifies when based on reasons other than poverty alone); Sider v. … Novotny, 779 P.2d 1195, 1197 (Alaska 1989) (requiring unfitness or that parental custody would be “clearly detrimental to the child.”); Nancy S. v.

In re Forcella

40 N.J. 309 · Supreme Court of New Jersey · Jun 3, 1963

Eorcella’s motion for an order allowing his counsel to interview, examine or question the fourteen jurors in order to establish this charge was denied at the hearing on his petition. … Suffice it to say that, except for the last-mentioned juror, when the suspect answer of each of the other five jurymen is considered in the context of his overall examination, the alleged disqualification clearly disappears

State v. S.N.

231 N.J. 497 · Supreme Court of New Jersey · Jan 30, 2018

The court found that the State had established probable cause that defendant committed the charged offenses. … Underwood , a case involving the award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d), the Court provided an example of what would qualify as a "relatively explicit statutory command" that would

Goodlet v. Goodman

34 N.J. 358 · Supreme Court of New Jersey · Mar 21, 1961

The statute is regarded as establishing the public policy of the State so strongly that the accused cannot waive it. … These representations were disbelieved by the court in the present matter and the record clearly supports him.

Application of Matthews

94 N.J. 59 · Supreme Court of New Jersey · Jul 21, 1983

The trial judge clearly did not believe Matthews’ claim that he had been duped by Cucciniello for over a year. … The Committee also repeatedly reminded Matthews that it wanted to know what he would have added to his trial testimony to establish his claim of unknowing participation.

Cathleen Quinn v. David J. Quinn (074411)

225 N.J. 34 · Supreme Court of New Jersey · May 3, 2016

Konzelman had established that cohabitation had occurred, the provision in the PSA authorizing termination of alimony upon cohabitation was invalid. Ibid. … The parties thereby agreed, clearly and unequivocally, that David’s obligation to pay alimony would cease upon Cathleen’s cohabitation.