Case law

Smith v. Smith

40 N.J. Eq. 566 · Supreme Court of New Jersey · Nov 15, 1885

Gr. 526, in this court, clearly established the rule that extreme cruelty, as used in our statute, may be directed either to the safety of the person or to the health of the aggrieved party, and it is not necessary that it … Assuming the charges therein contained to be true, and legally proved, his opinion is so carefully and exactly expressed .that I would wish neither to qualify nor add to it.

Printing Mart-Morristown v. Sharp Electronics Corp.

116 N.J. 739 · Supreme Court of New Jersey · Aug 29, 1989

Once Printing Mart received the offer to submit a bid and engaged in the bidding, there was established a relationship *756 with the potential of leading to a profitable contract. … Words that clearly denigrate a person’s reputation are defamatory on their face and actionable per se. Lawrence v.

State v. LH

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.

United States Pipe & Foundry Co. v. United Steelworkers

37 N.J. 343 · Supreme Court of New Jersey · May 21, 1962

The letter of the definitions must be qualified by fair intendment indicated by the statutory purposes and policies. See N. J. S. 2A:15-51 and 52. … That ruling clearly has no such effect.

Mayflower Securities Co. v. Bureau of Securities

64 N.J. 85 · Supreme Court of New Jersey · Dec 4, 1973

It is clear that Levine was duly qualified for renewal covering the years 1969, 1970, 1971 and 1972. … This infraction clearly was not willful nor injurious to the public interest. The majority has remanded to the Bureau the matter of sanctions.

Weedo v. Stone-E-Brick, Inc.

81 N.J. 233 · Supreme Court of New Jersey · Jul 18, 1979

These provisions, developed by casualty rating bureaus over a period of nearly fifty years, have become an established norm of underwriting policy. … The qualifying phrase, “to which this insurance applies” underscores the basic notion that the premium paid by the insured does not buy coverage for all property damage but only for that type of damage provided for in the

Blum v. International Ass'n of Machinists

42 N.J. 389 · Supreme Court of New Jersey · Jun 1, 1964

The union’s business agent had wrongfully refused to refer the plaintiff to a particular job for which he had been sought and for which he was qualified under union rules. … Clearly, the case at hand does not come within any of the stated exceptions to Garmon .

Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark (083197)(Essex County & Statewide)

Supreme Court of New Jersey · Aug 19, 2020

3, 2016, the DOJ filed a complaint against the City in federal court seeking declaratory or equitable relief to remedy the conduct by the Newark Police Department “that has deprived persons of rights, privileges, and immunities … The reference to the power to inquire is not the same language; it does not say subpoena, a word that the Legislature clearly has used in many places elsewhere.

Moshe Rozenblit v. Marcia v. Lyles

Supreme Court of New Jersey · Feb 3, 2021

Boards of education are not authorized but required to grant paid leave to athletes who qualify under N.J.S.A. 18A:30-8. … Here, the Association indisputably benefits from the full-time contributions of Greco and Thorp, and the releasees clearly perform tasks at the Association’s direction.

State ex rel. R. R.

79 N.J. 97 · Supreme Court of New Jersey · Jan 31, 1979

W. sufficiently established the chronology of events. *107 Finding that no evidence relating to actual penetration had been adduced, the judge dismissed the sodomy charge. … Moreover, a review of the record as a whole shows clearly that this interpretation was harmless.

J.B. v. M.B.

170 N.J. 9 · Supreme Court of New Jersey · Aug 14, 2001

Stat. ch. 742.17 (1997) (establishing joint decision-making authority regarding disposition of preembryos); La.Rev.Stat. … Family Code Ann. § 151.103 (West 1996) (establishing parental rights over child resulting from preembryo).

Fertile v. St. Michael's Medical Center

169 N.J. 481 · Supreme Court of New Jersey · Jul 25, 2001

limitations imposed by her arm, she is intellectually, socially, and physically able to attend regular school classes and that nothing suggests that she could not graduate from high school or pursue higher education to qualify … In addition, it found that certain comments in plaintiffs’ counsel’s summation constituted plain error, clearly capable of producing an unjust result.

State v. Bunk

4 N.J. 461 · Supreme Court of New Jersey · Apr 24, 1950

Who is entitled to be qualified as an expert concerning a question of science or skill cannot be determined by any precise rule. … Cole, supra, and such cautionary instructions are not an essential step in the establishment of the fact that a confession is voluntary. State v. Hernia, 68 N. J. L. 299 (E. & A. 1902); State v. Cole, supra; State v.

State v. DiFrisco

142 N.J. 148 · Supreme Court of New Jersey · Jul 26, 1995

DiFrisco’s rates are clearly in line with the Martini proportionality review. 3. … Those factors, which were surely prominent in the jurors’ minds, clearly distinguish Melendez from DiFrisco.

Schlemm v. Schlemm

31 N.J. 557 · Supreme Court of New Jersey · Feb 22, 1960

Schlemm had established the allegations of his complaint, and that he was entitled to a decree of divorce. … The divorce proceedings were collusive and not truly adversary, and finally, Schlemm did not establish a bona fide residence *588 in Nevada.

State v. Feaster

156 N.J. 1 · Supreme Court of New Jersey · Jul 30, 1998

That contingency also was set forth clearly on the verdict sheet. … Clearly, some of the summation comments are less troubling than others.

State v. Hernandez

170 N.J. 106 · Supreme Court of New Jersey · Nov 21, 2001

Trevino, 565 F.2d 1317 (5th Cir.), cert. denied, 435 U.S. 971 , 98 S.Ct. 1613 , 56 L.Ed.2d 63 (1978) (allowing accomplice to testify despite fact that immunity was provided and testimony was uncorroborated; because testimony … Thus, under the plain error rule, errors in the instruction should be disregarded unless “clearly capable of producing an unjust result.” R. 2:10-2.

State v. Black

54 N.J.L. 446 · Supreme Court of New Jersey · Jun 15, 1892

Nothing, however, is established more unquestionably than that the right of suffrage is not an absolute right. No such right exists, unless specifically con *449 ferred by a constitution or a statute. … While the courts should see to it that no real or unnecessary bar is put in the way of the voter, yet such bar should clearly appear to exist before an inseparable feature of the act is branded as unconstitutional and the

State v. Hester

233 N.J. 381 · Supreme Court of New Jersey · May 30, 2018

a special sentence of community supervision for life ... pursuant to this section without good cause is guilty of a crime of the third degree [and] ... shall be sentenced to a term of imprisonment , unless the court is clearly … In Oliver , the three-strikes law was on the books at the time the defendant committed the third qualifying violent offense, and therefore he was on notice of the legal consequences of his conduct.

In re Accutane Litig.

235 N.J. 229 · Supreme Court of New Jersey · Oct 3, 2018

Roche also states that "the overwhelming scientific record now demonstrably fails to show any connection" between Accutane *516 and IBD, further validating the accuracy of its label warnings, which it insists clearly and … The defendant was shielded from tort liability under New Jersey's Charitable Immunity Act, but not under Pennsylvania law, which had expressly abolished the doctrine of charitable immunity.