Case law

Matter of Daniels

118 N.J. 51 · Supreme Court of New Jersey · Feb 28, 1990

The United States Supreme Court has also established right to counsel in a juvenile-delinquency case where civil proceedings resulted in institutional commitment. … In many cases the record will clearly reveal the contemptuous conduct.

State ex rel. J.G.

151 N.J. 565 · Supreme Court of New Jersey · Sep 25, 1997

N.S. and J.T. challenge the constitutionality of N.J.S.A. 2C:43-2.2 and N.J.S.A. 2A:4A-43.1, which require sex *570 offenders, 1 upon a request by the victim, “to submit to ... approved serological test[s] for acquired immune … [Gostin, supra, 271 JAMA at 1442.] *587 Clearly, a diversity of views exists within the medical community. Also, as the authorities indicate, our knowledge about AIDS treatment and diagnosis is constantly evolving.

Morss v. Forbes

24 N.J. 341 · Supreme Court of New Jersey · May 20, 1957

Where words clearly indicating the requirement of a criminal intent are omitted, the issue becomes one of statutory construction to ascertain the meaning of the legislative body. See State v. … But the existence of this power of supersession does not bring the prosecutors so directly under the influence of the Governor that they automatically qualify as full-fledged members of the state executive branch.

Joye v. Hunterdon Central Regional High School Board of Education

176 N.J. 568 · Supreme Court of New Jersey · Jul 9, 2003

The foregoing does not mean, however, that school officials enjoy absolute constitutional immunity. See Raby, supra, 21 Cardozo L.Rev. at 999 (tracing evolution of law in this area). … Instead, those schools will have to base their intended programs on a meticulously established record, similar to the record here.

Jacobs v. Stephens

139 N.J. 212 · Supreme Court of New Jersey · Jan 25, 1995

Clearly, a reasonable mind could conclude that Jacobs had threatened Officer Hawkins. … The Court dishonors that principle when it ignores a clear violation of due-process rights simply because the evidence established the inmate's guilt of the charged offense.

City of Passaic v. Passaic County Board of Taxation

18 N.J. 371 · Supreme Court of New Jersey · May 2, 1955

The legislative intent as to the nature of the state body’s function and duty as regards the equalization of aggregates in a county is clearly revealed by this legislative history. … Stenographic notes shall be made of all testimony so taken, but the members of the board shall be qualified to make their determination after receiving the report of the members hearing the testimony, and without the necessity

Eastern Paralyzed Veterans Ass'n v. City of Camden

111 N.J. 389 · Supreme Court of New Jersey · Aug 9, 1988

Delaware River Port Auth., 478 Pa. 396 , 387 A. 2d 41 (Pa. 1978) (Pennsylvania's immunity does not extend to this agency). … to have the right to impose environmental quality regulations on the regional authority only because that agency's own charter provided that the ordinance, rules, and regulations adopted by the bi-state agency merely "`establish

State v. Kanem Williamson (083979) (Essex County & Statewide)

Supreme Court of New Jersey · May 10, 2021

Thus, A.B.’s statement would not be admissible even if it did qualify as a dying declaration, according to defendant. Looking to the United States Supreme Court’s opinions in Crawford and Giles v. … raised, but not directly resolved, whether dying declarations are exceptions to the Confrontation Clause, though Justice Scalia acknowledged that “there is authority for admitting even those [dying declarations] that clearly

Devaney v. L'ESPERANCE

195 N.J. 247 · Supreme Court of New Jersey · Jun 17, 2008

Freitas, 73 Haw. 266 , 832 P. 2d 259, 264 (1992) (recognizing that "marriage holds `positive and negative legal consequences for each party[and that a] person who is not legally married does not qualify for the positive legal … Clearly, this Court consistently has held that "living together as husband and wife" — read "cohabitation" [3] — is a necessary condition precedent to a palimony claim.

State v. Young

57 N.J. 240 · Supreme Court of New Jersey · Dec 7, 1970

A. § 242, which punishes a person who under color of law deprives an inhabitant of any right, privilege or immunity secured by the Constitution or the laws of the United States. … Such uncertainties do not render a statute void for vagueness at the suit of one whose conduct is clearly covered.

Sroczynski v. Milek

197 N.J. 36 · Supreme Court of New Jersey · Dec 17, 2008

That Rule, which allows an award of fees to a successful claimant in actions based on indemnity or liability insurance policies, see R. 4:42-9(a)(6), has no application because the Fund does not qualify as such a successful … Certainly, if the "defending party" to be considered is Milek, there is no prejudice: the record clearly reflects that Milek received notice of the cancellation and did not effect a cure.

In Re Complaints and Appeals of Erie Railroad System

19 N.J. 110 · Supreme Court of New Jersey · Jun 20, 1955

The word “suggest” was clearly used in the sense of recommendation. … To predicate a determination of what is just and reasonable, at the time a labor dispute is being resolved, upon something which has *129 not as yet become established but which, if established at some future time might possibly

State v. Oscar Lopez-Carrera (084750) (Somerset County & Statewide)

Supreme Court of New Jersey · Mar 30, 2021

Section 25 of the Act establishes a statewide Pretrial Services Program. … That language clearly envisions the potential for a voluntary act by a defendant, i.e., flight.

State v. David Chavies (084999) (Mercer County & Statewide)

Supreme Court of New Jersey · Jul 12, 2021

Additionally, nothing in the record establishes that defendant’s health has drastically changed as a result of his incarceration. … That base is changeable, and subject to being reevaluated, as Rule 3:21-10 clearly permits.

State v. Basil

202 N.J. 570 · Supreme Court of New Jersey · Jul 20, 2010

To evaluate whether a statement qualifies as an “excited utterance,” courts look to a number of factors: (1) the amount of time that transpired between the initial observation of the event and the subsequent declaration of … They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later

In Re the Liquidation of Integrity Insurance

147 N.J. 128 · Supreme Court of New Jersey · Dec 12, 1996

Any other result is unfair and contrary to well-established principles of contract law. … The interpretation derived from the language of the preamble that the surety is "firmly bound for the full amount of the bond" is clearly qualified by substantive conditions: "in accordance with the conditions hereof."

New Jersey Sports & Exposition Authority v. McCrane

61 N.J. 1 · Supreme Court of New Jersey · May 12, 1972

This awareness is clearly evidenced also by section 7 of the Act under review. … Thus the history of the 1939 amendment clearly shows that its mandate to derive revenue is an essential part of the constitutional provision.

Imo the Estate of Adrian J. Folcher, Jr. (074590)

224 N.J. 496 · Supreme Court of New Jersey · Apr 26, 2016

The burden of establishing undue influence rests with the party contesting the will. … This case more than qualifies as a sensible exception to 9 the American Rule.

Burnett v. County of Bergen

198 N.J. 408 · Supreme Court of New Jersey · Apr 27, 2009

Potential buyers and creditors rely on the records to establish and protect their ownership interests. See N.J.S.A. 46:22-1. … Their agreement was qualified; it was conditioned on the assumption that the cost of watermarking would be minimal. At the time, defendant thought the fee “would [not] be anything substantial.”

Den v. Richman

13 N.J.L. 43 · Supreme Court of New Jersey · Feb 15, 1832

By these acts, the following rules are, among others, clearly established. 1. … This presumption is one indicated by the statute and clearly growing out of its provisions.