Case law

Jersey City United Against the New Ward Map v. Jersey City Ward Commission

Supreme Court of New Jersey · Jun 18, 2025

Establishment of Cong. Dists., 249 N.J. at 569. … Establishment of Cong. Dists., 249 N.J. at 569.

Bi-County Development of Clinton, Inc. v. Borough of High Bridge

174 N.J. 301 · Supreme Court of New Jersey · Aug 5, 2002

Although Bi-County clearly contemplated constructing sewer lines along Route 31 to connect with the Clinton system, Bi-County was unable amicably to obtain sewerage treatment capacity for the proposed development. … This opinion does not attempt to establish the outer limits of that responsibility. That is not necessary for this matter.

State v. Gore

205 N.J. 363 · Supreme Court of New Jersey · Mar 22, 2011

Also, the proponent of the evidence must establish that the statement “was made at a time when the fact recorded actually occurred or was fresh in the memory of the witness.” … The State clearly laid a foundation for S-3, Detective Rios's twelve-page supplementary report, by asking Rios if referring to the report would refresh his recollection.

Estate of Myroslava Kotsovska v. Saul Liebman (073861)

221 N.J. 568 · Supreme Court of New Jersey · Jun 11, 2015

As a result, “although ‘the employer assumes an absolute liability[,] [h]e gains immunity from common-law suit, even though he be negligent, and is left with a limited and determined liability in all cases of work-connected … An error is harmful only where that error is “clearly capable of producing an unjust result.” R. 2:10-2.

Beck v. Beck

86 N.J. 480 · Supreme Court of New Jersey · Jul 2, 1981

Leonard Abramson, was offered to establish that the father was a fit parent. Based upon an interview with Mr. … B Having established the joint custody arrangement’s potential benefit to the children, the court must focus on the parents in order to determine whether they qualify for such an arrangement.

Theobald v. Angelos

44 N.J. 228 · Supreme Court of New Jersey · Mar 15, 1965

In effect the italicized clause connotes an aim to perpetuate the old law that an injured person who receives consideration in compromise of his charge of negligence against an alleged wrongdoer has conclusively established … He has nothing to lose by such a course, because the settlement has made him immune from further liability to the plaintiff and from contribution to the tortfeasor who pays the judgment.

Nowell James v. New Jersey Manufacturers Insurance Company (071344)

216 N.J. 552 · Supreme Court of New Jersey · Feb 3, 2014

vehicle liability policy’s “step-down” provision, which had the effect of capping uninsured or underinsured motorist coverage (UM/UIM coverage) provided through an employer’s commercial policy to employees and other qualifying … It is well established that “statutes generally should be given prospective application.” In re D.C., 146 N.J. 31, 50 (1996).

Vespe v. DiMarco

43 N.J. 430 · Supreme Court of New Jersey · Dec 1, 1964

In rare cases, however, where the instruction qualifies as plain error under R. R. 1:5-3(c), an exception is made. … Negligence should be established by the preponderant weight of the believable evidence.

In Re the Adoption of a Child by W.P.

163 N.J. 158 · Supreme Court of New Jersey · Apr 6, 2000

With stepparent adoption, “the policy of insulating the adoptive child from his natural parents is not so clearly compelling as it would be in other situations.” Id. at 435 , 332 A.2d 199 . … The Grandparent Visitation Statute must not be interpreted to qualify or condition an adoption.

George Harms Construction Co. v. New Jersey Turnpike Authority

137 N.J. 8 · Supreme Court of New Jersey · Jul 7, 1994

administrative proceedings for determining how to qualify for “conceptual approval.” … The TPA failed to establish any criteria against which the decision to use project-labor agreements could be judged.

Waste Management, Inc. v. Admiral Insurance

138 N.J. 106 · Supreme Court of New Jersey · Oct 13, 1994

Auto Owners is not authorized, licensed, or qualified to do business in New Jersey, nor has it ever issued a policy to a New Jersey domiciliary or insured any risks located in this state. … “[T]he answer,” the Court declared, “clearly is that it cannot.” Ibid.

State v. L.H.

206 N.J. 528 · Supreme Court of New Jersey · Jun 15, 2011

Franklin repeated clearly the gap-time statute’s overall purposes: “to avoid manipulation of trial dates to the disadvantage of defendants and to put defendants in the same position that they would have been had the two offenses … The Convicted Offender Index consists of DNA profiles developed from known samples taken from qualified convicted offenders. Each individual state is charged with determining what crimes qualify for CODIS inclusion.

Phillips v. Mayor of Hudson

31 N.J.L. 143 · Supreme Court of New Jersey · Nov 15, 1864

This was so held upon the principle established by the cases of Rex v. Sparrow, 2 Strange 1123, and Rex v. … It clearly was in the power of the purchaser at the municipal sale to sti palate for this very warranty which the court raised by implication in his favor.

State v. Johnson

171 N.J. 192 · Supreme Court of New Jersey · Mar 19, 2002

The basis of knowledge can be satisfied when an informant’s tip expressly or clearly relates how the informant came to know of the criminal activity. State v. Smith, supra, 155 N.J. at 94, 713 A.2d 1033 ; State v. … Consequently, the tip satisfies both prongs of the test established in Aguilar v.

State v. Muniz

118 N.J. 319 · Supreme Court of New Jersey · Mar 26, 1990

[i]t is established by proof of the same or less than all the facts required to establish the commission of the offense charged.” … Therefore, the court concluded, “the proof required to establish death by auto is also sufficient to establish every element of reckless driving, which makes the latter offense a lesser-included offense of the former.”

Morlino v. MEDICAL CENTER OF OCEAN CTY.

152 N.J. 563 · Supreme Court of New Jersey · Feb 26, 1998

Thus, the PDR entries do not, as a matter of law, establish the standard of care or negligence. III. … The charge does not suggest that a physician is immune from liability as long as he or she does his or her best.

Motor Cargo, Inc. v. Division of Tax Appeals

10 N.J. 580 · Supreme Court of New Jersey · Nov 24, 1952

Such a palpably fictitious measure of the tax *587 must be rejected as clearly arbitrary. See Ring v. North Arlington, 136 N.J.L. 494 ( Sup. … It is in high degree arbitrary to deny the transporters the immunity from the tax which by force of the commerce clause they enjoyed to the time of the thefts by the application of a legislative fiction that, although they

State v. Kuehnle

85 N.J.L. 220 · Supreme Court of New Jersey · Nov 24, 1913

Here the affidavits show clearly the necessity of the action by the judge and his discretion was properly exercised. The indictment contains two counts. … But here as in the supposed ease the judge qualified his abstract proposition of law when he came to apply it to the facts of the concrete case before him, and as so applied, there was no error.

DeFazio v. Haven Savings and Loan Ass'n

22 N.J. 511 · Supreme Court of New Jersey · Nov 13, 1956

, filed by the plaintiff as a member of the respondent savings and loan association, recited the following facts: The respondent operates a savings and loan association; the members are those in whose names accounts are established … If a change in the common law is to be effectuated, the legislative intent to do so must be clearly and plainly expressed. Carlo v. Okonite-Callender Cable Co., 3 N.J. 253 (1949); Blackman v. Iles, supra .

Juzek v. Hackensack Water Co.

48 N.J. 302 · Supreme Court of New Jersey · Dec 5, 1966

(Emphasis supplied) The Water Council was established for the conservation and control of waters of the State, Passaic v. Clifton, 14 N. … In the discharge of this legislative mandate, the Water Council and its agents have developed a *311 singular expertise and are unusually qualified to pass judgment on such subject.