Case law

Smith v. the Duncan Co.

137 N.J.L. 489 · Supreme Court of New Jersey · Aug 9, 1948

from the allegation in the amended complaint, there is nothing whatever to suggest that the automobile was being driven in the business of the Goshen Mile Track Association and the other evidence of the respondent company, clearly … Although it does not embody many remarks in quotations, it is significant that the investigator placed in quotes phrases designed to afford legal immunity to the respondent. Thus, Mr.

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.

Inhabitants of Bernards v. Allen

61 N.J.L. 228 · Supreme Court of New Jersey · Nov 15, 1897

The court also excluded the levy of the commissioners for the sujDport of a police force, for the reason that no police force had been established in the township. … This is clearly incompetent.” Cooley Tax., p. 50.

Byram Township v. Western World, Inc.

111 N.J. 222 · Supreme Court of New Jersey · Aug 1, 1988

The factual findings establish that the actual and only use of the subject property was as managed woodland. … Consequently, based on the facts adduced at trial in this case, the defendants’ properties clearly qualified for farmlands assessment for the tax year 1983.

In Re the Estate of Hoagland

15 N.J. 592 · Supreme Court of New Jersey · Jun 14, 1954

He further argues that it would impair interests established by a will probated prior to its enactment. … The statute is clearly one of limitation and the mischief was such that regulation was called for immediately.

In re the Right of the Grand Jury to Order Production of Records of Addonizio

53 N.J. 107 · Supreme Court of New Jersey · Dec 16, 1968

Moreover, the Attorney General is better situated to decide whether immunity should be granted when the witness gives some indication of the matters upon which immunity is sought. … And although immunity from use of evidence is less than an immunity from prosecution, still it is sound to require the witness to make a claim of privilege the court finds sufficient.

R.C. Maxwell Co. v. Galloway Township

145 N.J. 547 · Supreme Court of New Jersey · Jul 30, 1996

Billboards clearly are not used in telecommunications services. … Even if billboards passed the first prong of the subsection (b) test, they would not qualify for the exception because they fail the third part of the test: billboards clearly are structures.

Troth v. State

117 N.J. 258 · Supreme Court of New Jersey · Nov 20, 1989

the immunity. … But the issue is clearly relevant in light of the determination to remand the case for a retrial.

Roe v. Kervick

42 N.J. 191 · Supreme Court of New Jersey · Apr 20, 1964

Clearly the Constitution would stand in the way. … It applies to any individual, association or corporation qualifying for the financial assistance under the general standards established therein.

State v. Sugar

84 N.J. 1 · Supreme Court of New Jersey · Jul 24, 1980

While under both statutes law enforcement officials enjoy a qualified immunity from prosecution, the statutes provide it only in an emergency involving national security or organized crime, 18 U.S.C.A. § 2518 (7); N.J.S.A … Both Soracco and Mazzeo testified under the same grant of immunity as granted to Tirelli.

State v. Lagares

127 N.J. 20 · Supreme Court of New Jersey · Feb 6, 1992

Under those statutes, however, the court automatically imposes a mandatory sentence after a conviction for a qualifying offense, without regard to prosecutorial consent. … Instead, they must show clearly and convincingly their entitlement to relief under the standard established herein.

Ryan v. Renny

203 N.J. 37 · Supreme Court of New Jersey · Jul 22, 2010

One Marlin Rifle, 319 N.J.Super. 359, 369 , 725 A.2d 144 (App.Div.1999) (finding error in trial court’s acceptance of nurse’s opinion testimony regarding specific identity and cause of condition “clearly ... constituted a … The trial judge was satisfied that, under the statute, the efforts that Ryan undertook were sufficient to establish good faith. We agree.

Nero v. Hyland

76 N.J. 213 · Supreme Court of New Jersey · May 10, 1978

policy against such inspection; and WHEREAS, Recognition of the necessity for the protection of such files in the public interest is clearly established, having, inter alia, been set forth in Supreme Court Rule R. … Furthermore, the Governor, as chief executive, must be accorded a qualified power to protect the confidentiality of communications pertaining to the executive function.

Berko v. Freda

93 N.J. 81 · Supreme Court of New Jersey · May 9, 1983

Moreover, such an accidental disability is not easily established; the disability must be clearly proved and strictly tied to employment. See Korelnia v. … The line between "independent causes" arising out of the performance of duties and those that are not cannot be clearly drawn. See, e.g., Lipson v.

Victor v. State

203 N.J. 383 · Supreme Court of New Jersey · Sep 13, 2010

Applying a literal reading to those provisions suggests that a disability discrimination claim must include some form of adverse employment consequence, because the general rule established in section (a) qualifies the word … As the court explained: in order for a plaintiff to establish a prima facie case of discrimination under the ADA, the plaintiff must show: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified

Redstrake v. Townsend

39 N.J.L. 372 · Supreme Court of New Jersey · Jun 15, 1877

This doctrine is very clearly stated by Lord Coke, in his annotations on Littleton. 1 Inst. 21, a. … The rule thus established is universal; it has no • exceptions, and as the statute hints at none, it is impossible for the court to interpolate any.

State v. Singleton

211 N.J. 157 · Supreme Court of New Jersey · Jul 30, 2012

In the latter circumstance, we have established a stringent standard, one that requires the defendant to demonstrate that the failure to include the charge was plain error and therefore clearly capable of producing an unjust … Utilizing our well-established test, the question is whether the evidence in the record “clearly indicates the appropriateness” of the Worlock charge.

Countiss v. Trenton State College

77 N.J. 590 · Supreme Court of New Jersey · Oct 12, 1978

Moreover, it was established that the men’s season was only two weeks longer than the women’s and that Countiss was required to coach both the women’s junior varsity and the varsity basketball teams in her second year and … foundation for the College’s requirement of significant progress toward a doctorate for tenure seekers and Countiss’s lack thereof, strongly spell out a clearly mistaken exercise of judgment by the Division in awarding Countiss

De Vesa v. Dorsey

134 N.J. 420 · Supreme Court of New Jersey · Dec 23, 1993

The text of the Constitution clearly commits the power of confirmation to the Senate. … However, the immunity of the Speech and Debate Clause is not absolute.

Aitken v. John Hancock Mutual Life Insurance

124 N.J.L. 58 · Supreme Court of New Jersey · Jan 25, 1940

S. 26 :6-8 provides that “* * * In the execution of a death certificate, the personal particulars shall be obtained from the person best qualified to supply them. … Had it been it would have established death by disease. The report should not be given an eifect to defeat the proper determination of the case. The judgment is reversed, with costs. For affirmance — -None.