Case law

State v. Collins

90 N.J. 449 · Supreme Court of New Jersey · Aug 3, 1982

In fact the careful phraseology tends to confirm the conclusion that the Legislature was aware it was, in effect, establishing an authority and procedure parallel to those contained in Section 27. … Defendants charged with drug offenses under circumstances which require very careful scrutiny of applicants for pretrial diversion, such as prior convictions and serious offenses, will qualify only under the Code track with

Burns v. Belafsky

166 N.J. 466 · Supreme Court of New Jersey · Feb 26, 2001

Salcman, a neurosurgeon, is qualified to evaluate the care provided by a radiologist. … Farooqui: The Legislature clearly recognized, ... that there are overlaps in practice between and among the various medical professions and specialties.

Dennery v. Board of Education

131 N.J. 626 · Supreme Court of New Jersey · Apr 8, 1993

Petitioner thereafter became qualified to hold the administrative certificate. … The Commissioner and State Board approved the establishment of this position.

Spade v. Select Comfort Corp.

232 N.J. 504 · Supreme Court of New Jersey · Apr 16, 2018

Defendants contend that, in general, administrative regulations cannot give rise to a "clearly established" legal right or responsibility for purposes of the TCCWNA. … N.J.A.C. 13:45A-5.3(c) is plainly the source of a "clearly established legal right of a consumer or responsibility of a seller" within the meaning of N.J.S.A. 56:12-15.

City of Newark v. West Milford Tp., Passaic County

9 N.J. 295 · Supreme Court of New Jersey · Apr 28, 1952

The Township of West Milford through its engineer and surveyor, Rude, presented somewhat similar testimony as to classifications of land, etc., and as to this his testimony was likewise qualified and competent. … These records would be evidential to establish discrimination, but before discrimination could -be established the true value of the lands of the city of Newark for the purpose of taxation would have to be established.

Toft v. Ketchum

18 N.J. 280 · Supreme Court of New Jersey · May 2, 1955

To confer blanket immunity in such a situation will, in my opinion, have precisely the opposite effect. … Those who have legitimate grievances against attorneys need no cloak of immunity as an inducement to file complaints with grievance committees.

Lichtman v. Ridgewood Bd. of Ed.

93 N.J. 362 · Supreme Court of New Jersey · Jun 20, 1983

See N.J.A.C. 6:3-1.10(k)(30) (establishing additional categories under specific certificates). … N.J.A.C. 6:3-1.10(b) establishes the means of calculating seniority.

Gilbert v. Gladden

87 N.J. 275 · Supreme Court of New Jersey · Jul 29, 1981

We disagree, at least as regards the immunity of Miller and Gladden. … If immunity did attach, it is conceivable that legislative action that is executed by legislative employees would be immune from judicial review in spite of its effect on individual rights.

Shelton v. Restaurant.com, Inc.

214 N.J. 419 · Supreme Court of New Jersey · Jul 9, 2013

] businesses from offering or using provisions in consumer contracts, warranties, notices and signs that violate any clearly established right of a *432 consumer.” Ibid. … In other words, the proposed legislation did not recognize any new consumer rights but merely imposed an obligation on sellers to acknowledge clearly established consumer rights and provided remedies for posting or inserting

State v. Brown

53 N.J.L. 162 · Supreme Court of New Jersey · Nov 15, 1890

In respect to this claim for immunity, there are a number •of cases in the courts of Iowa, Kentucky and Nebraska in which the invalidity of such a tax is adjudged. … The second ground for the vacation of these taxes pressed is, that the assessor and collector were not legally elected and qualified to act, and that, therefore, the taxes were assessable. *167 by the township officers.

Benton v. State

59 N.J.L. 551 · Supreme Court of New Jersey · Nov 15, 1896

The charges made by this article are so clearly within the range of criminal libel, as thus defined, that further discussion on this point seems unnecessary. … ” for the reason that the answer might tend to establish an entire absence of malice.

Boys' Club of Clifton, Inc. v. Township of Jefferson

72 N.J. 389 · Supreme Court of New Jersey · Mar 1, 1977

It clearly contemplates that the building is to be “the principal factor in the scheme” of exemption, Children’s Seashore House v. Atlantic City, 68 N. J. … They would qualify lot 1A for exemption if the statute exempted “lands” used for charitable or benevolent purposes, rather than “buildings” with the qualified exemption of lands appurtenant thereto which we find in the statute

Kuser v. Wright

52 N.J. Eq. 825 · Supreme Court of New Jersey · Nov 15, 1894

of directors legally qualified to conduct its affairs. *828 That such a result justly or legally flows from these premises •cannot be conceded. … As to the public, Bell was clearly a director defacto, and the corporation was represented in the affair before us by three •directors, as required by the statute.

State v. Clothier

30 N.J.L. 351 · Supreme Court of New Jersey · Nov 15, 1863

But the practice is well established, has been found to be a safe and effectual remedy, and has been recognized by legislative enactments. … That so much as was taken off by the commissioners was illegal, is now clearly established, and we are thus relieved from the necessity of inquiring into the regularity of the certificate.

Fitzgerald v. Coddington Stables

186 N.J. 21 · Supreme Court of New Jersey · Jan 25, 2006

In this endeavor, we are guided by established principles of statutory construction. … Under N.J.S.A. 34:15-131, only three categories of persons qualify as a “horse racing industry employee.”

Katz v. Township of Howell

68 N.J. 125 · Supreme Court of New Jersey · Jul 28, 1975

There is no express finding, as also directed by our order, as to the totality and permanency of the ultimate disability, but the affirmative is clearly implied. 4. … Judge, of Compensation did not cite this condition as one of the prior qualifying disabilities in his original determination. '

State v. Ehlers

98 N.J.L. 236 · Supreme Court of New Jersey · Nov 20, 1922

So we are brought face to face with the naked proposition, must a verdict of murder in the first *244 degree, where the facts of the murder are clearly proved or admitted, and establish a. willful, deliberate and premeditated … condition, and the doctor had not qualified as an alienist.

State v. Commissioner of Railroad Taxation

38 N.J.L. 472 · Supreme Court of New Jersey · Jun 15, 1875

Such extraordinary power could only be conferred by express terms, most clearly stated. No such construction can be given to this law by implication. … They claim exemption only from all taxation by the general tax laws; that they have entire immunity from additional burdens until the legislature, by express enactment, shall chango the mode in which they are to be assessed

In Re the Suspension or Revocation of the Certificate of Heller

73 N.J. 292 · Supreme Court of New Jersey · Jan 20, 1977

Several established pharmacists testified that they were much more guarded in such sales and made substantially fewer of them. … A minor point is the appellants’ contention that the three pharmacists who testified before the Board were not qualified as experts to establish a standard of professional conduct.

State v. Scott M. Cain(074124)

224 N.J. 410 · Supreme Court of New Jersey · Mar 15, 2016

The Court concludes that an expert is no better qualified than a juror to determine the defendant’s state of mind. (pp. 22-23) 5. … Although clearly prejudicial, Detective Rothenberger’s testimony did not draw an objection from defense counsel.