Case law

Cook v. Board of Chosen Freeholders

26 N.J.L. 326 · Supreme Court of New Jersey · Nov 15, 1857

To establish the principle that a pardon entitles the party to a restitution of the fine, would draw a most oppressive distinction between poor and rich criminals. … They enforce obedience by such means as they may deem necessary; but clearly no aetion of debt will lie upon it. If enforced at all, it must be proprio vigore.

Satoko Matsumoto v. Tatsuya Matsumoto

171 N.J. 110 · Supreme Court of New Jersey · Jan 30, 2002

Tatsuya further responded that he would bring Hyugo to New Jersey and would establish a temporary residence until the court decided the custody issue. In May 1998, the trial court denied Tatsuya’s request. … Clearly the compensatory and punitive damages awards and the counsel fee award against Kazuko are fully related to her fugitive status under the indictments.

Ie Test, LLC v. Kenneth Carroll(075842)

226 N.J. 166 · Supreme Court of New Jersey · Aug 2, 2016

IE Test has not claimed, let alone established, that the three LLC members reached a deadlock regarding the company’s management. … IE Test has not claimed, let alone established, that the three LLC members reached a deadlock regarding the company’s management.

State v. Wingler

25 N.J. 161 · Supreme Court of New Jersey · Oct 21, 1957

The use of the terms "age disparity" and "adult aggressor," and the comments in the Commission's report which preceded the adoption of the act ( p. 31), clearly indicate otherwise. … By L. 1956, c. 37, subdivision (a) was amended to include this exception: "and, except in convictions for open lewdness or indecent exposure," thus qualifying the alternative subdivisions (b) and (c).

Gardner v. Butler

30 N.J. Eq. 702 · Supreme Court of New Jersey · Mar 15, 1879

The acceptance of the charter, and the organization under it, clearly worked a dissolution of the partnership. … The immunity they thereby intended to secure would, at least, have been endangered, if the partnership was still to be regarded as the principal, and the corporation its mere instrument or agency.

In Re DH

204 N.J. 7 · Supreme Court of New Jersey · Oct 27, 2010

The Appellate Division rejected those contentions, noting first that "[a] petitioner seeking expungement has the burden of establishing compliance with the provisions of N.J.S.A. 2C:52-3." … Such a reading would render that statute's introductory qualifying phrase surplusage, a result we are duty bound to avoid. In re Attorney Gen.'s "Directive on Exit Polling: Media & Non-Partisan Pub.

State v. Fortin

198 N.J. 619 · Supreme Court of New Jersey · May 12, 2009

The parties do not dispute that the Legislature clearly intended to retroactively apply the amended sentencing statute to defendants who committed crimes prior to 2007. … The death penalty statute existing at the time of the offense clearly served notice of the Legislature's view "of the severity of murder and of the degree of punishment" that might be imposed.

John C. Sullivan v. Max Spann Real Estate & Auction Co. (085225) (Somerset County & Statewide)

Supreme Court of New Jersey · Jun 9, 2022

The agency has conducted real estate auctions for more than fifty years and has established standard procedures and documents it requires prospective bidders to review and sign before participating in a real estate auction … Accordingly, the importance of legal representation and attorney review of the Contract prior to the auction was clearly communicated to the prospective purchaser in this case.

State v. Buonadonna

122 N.J. 22 · Supreme Court of New Jersey · Jan 8, 1991

The interrelationship of the family witnesses to both the victim and one of the codefendants clearly helped the other codefendants. … Clearly, this is not newly-discovered evidence. Indeed, its late discovery renders the information highly suspect considering Mrs. Grist’s close involvement with her son’s defense.

Elizabeth Hrymoc v. Ethicon, Inc.

Supreme Court of New Jersey · Jul 25, 2023

This is because 510(k) clearly falls within the language of Section 5’s use of the words “approved” and “licensed.” … The district court therefore held that a defendant’s compliance with the 510(k) clearance process “may not render a manufacturer’s design choice immune from liability, but it can be a ‘piece of the evidentiary puzzle.’

Tenore v. Nu Car Carriers, Inc.

67 N.J. 466 · Supreme Court of New Jersey · Jun 18, 1975

Having qualified as an expert, Dr. … In practice the reduction to present value is accomplished as follows: The actuarial approach establishes the present value of destroyed earning capacity on the basis of calculations which assume that income lost during a

State v. Corbitt

74 N.J. 379 · Supreme Court of New Jersey · Oct 6, 1977

In Jackson , the right to a jury trial was implicated because trial before a judge rather than a jury assured immunity from a death sentence. … Forcella, supra, Justices Jacobs and Hall clearly foresaw the issue we now face and answered the posed question in the negative.

State v. Chew

159 N.J. 183 · Supreme Court of New Jersey · Jun 3, 1999

This regression reveals a disturbingly low probability of death; yet, in light of the other regressions, the results of this regression do not establish that defendant’s death sentence is disproportionate. … To say that a death sentence is proportionate evokes an infrastructure established by this Court to serve a larger purpose, answer a larger question, and identify a larger problem.

State v. Novembrino

105 N.J. 95 · Supreme Court of New Jersey · Jan 7, 1987

Similarly, the informant’s “basis of knowledge” is clearly established by the assertion that “he witnessed ‘Otto’ dealing drugs from his gas station.” … that some conscientious prosecutor or police supervisor will say the application is insufficient when, if *153 some magistrate can be induced to issue a warrant on the basis of it, the affidavit is thereafter virtually immune

State v. White

27 N.J. 158 · Supreme Court of New Jersey · May 26, 1958

The Wyoming statute permits the jury in a capital case, whether on a plea of guilty or a trial, to "qualify their verdict by adding thereto, `without capital punishment,'" Rev. … added my voice to a change so that the quality of justice might be preserved, but to change the law to further protect the worst of our criminal element, to increase their privilege and their right to prey upon others with immunity

Driscoll v. Burlington-Bristol Bridge Co.

8 N.J. 433 · Supreme Court of New Jersey · Jan 21, 1952

To qualify as a holder in due course, R. … The firmly established rule in this State that requires us in the circumstances here present to hold all of the bond *484 holders except Ketcham and Nongard to be holders in due course is based on sound reasoning.

State v. Reddish

181 N.J. 553 · Supreme Court of New Jersey · Nov 10, 2004

Our procedure calls for trial courts to be flexible in their approach and to balance a defendant’s qualified right to proceed pro se with the State’s interest in a fair trial. V. … Accordingly, we determined that category of defendants to be uniquely qualified for the death penalty. Ibid.

New Jersey Zinc Co. v. Boston Franklinite Co.

15 N.J. Eq. 418 · Supreme Court of New Jersey · Nov 15, 1862

These facts are abundantly established by the evidence. … The word is held to its meaning of lands by the qualifying words with certainty. Language affords no greater.

State v. Chun

194 N.J. 54 · Supreme Court of New Jersey · Mar 17, 2008

Nevertheless, before we can conclude that scientific test results are admissible in evidence, the proponent of the scientific device must bear its burden to “clearly establish” that the device or the test meets the standard … All of the twelve documents that the Special Master identified qualify as business records in the traditional sense.

Battaglia v. United Parcel Service, Inc.

214 N.J. 518 · Supreme Court of New Jersey · Jul 17, 2013

Hoffmann-La Roche, Inc., 99 N.J. 284, 285-86 , 491 A.2d 1257 (1985) (establishing grounds for finding implied contract in context of at-will employment relationship); cf. Nicosia, v. … “and other things” in describing the basis for the CEPA claim, defendant has contended on appeal that it left the jury free to speculate that the CEPA recovery could be supported by practices other than ones that would qualify