Case law

Atkinson v. Parsekian

37 N.J. 143 · Supreme Court of New Jersey · Apr 2, 1962

A. 39:5—30 and his power as a magistrate are clearly independent, there being “distinct substantive and procedural differences.” We note N. J. S. … He said he had examined Atkinson and found he was qualified to operate a motor vehicle.

Hunziker v. Kent

111 N.J.L. 565 · Supreme Court of New Jersey · Oct 31, 1933

Plaintiff had qualified in a competitive examination held in accordance with the provisions of that statute. … It is not suggested here that the position was abolished tern *568 porarily, for the purpose of later re-establishing it, and installing another therein.

In re Subpoena Duces Tecum On Custodian of Records

214 N.J. 147 · Supreme Court of New Jersey · May 14, 2013

To determine whether a defendant qualifies for a public defender, a court staff member collects information about a defendant’s financial status. … The judiciary has an independent responsibility to insure that funds set aside for qualifying criminal defendants are not misappropriated by those who do not qualify but provide false information to obtain a public defender

Petition of Hall by and Through Hall

147 N.J. 379 · Supreme Court of New Jersey · Feb 5, 1997

Clearly, petitioners could not file a *389 lawsuit against the second wife at that time because the second wife had not yet died. … Reversing the trial court’s denial of the petition for pre-suit depositions, the Appellate Division held that because petitioners had clearly demonstrated (1) that they expected to be parties to a future litigation, (2) that

Richardson v. Smith

74 N.J.L. 111 · Supreme Court of New Jersey · Nov 12, 1906

These facts are clearly proven. … Clearly, the small cause court had jurisdiction of the controversy that was raised concerning its jurisdiction over the person of the prosecutor.

Koch v. Essex County Board of Taxation

97 N.J.L. 61 · Supreme Court of New Jersey · Mar 1, 1922

the provision of the constitution (article 4, section 7, paragraph 11), “The legislature shall not pass private, local or special laws * * * granting to any corporation, association or individual any exclusive privilege, immunity … The established rule in this state in classifying property for the purpose of taxation is that each classification must contain all the proq>erty which is in the same class, and that is largely determined by its use, but

Masiello v. State Board of Examiners

25 N.J. 590 · Supreme Court of New Jersey · Jan 20, 1958

20, 1944 says: “This statement of eligibility is valid until April 20, 1948.” *598 However, we have concluded that it is not necessary to pass upon these two issues because in our judgment another ground exists which is clearly … A. 18:3-2(e). *602 Provision is then made for the establishment of a State Board of Examiners.

State v. Halsted

39 N.J.L. 402 · Supreme Court of New Jersey · Jun 15, 1877

Any other construction will make •the limitation, established fof the public protection, wholly •nugatory, and subject to evasion at will. … Bishop, in referring to-these-cases, say-s that the analogies connected with the law of intent sufficiently, establish this-doctrine.

Lawes v. Lynch

6 N.J. 1 · Supreme Court of New Jersey · Dec 4, 1950

In our quest of this objective in the present case we are furnished with various established guide posts to which resort is made. … In the present case the clearly expressed language of the will makes the invoking of the canon of construction against intestacy inappropriate.

Deerfield Estates, Inc. v. Township of East Brunswick

60 N.J. 115 · Supreme Court of New Jersey · Jan 24, 1972

Nor should a municipality he denied the right to modify an established pattern where altered circumstances reasonably so dictate. … This is clearly a water utility, municipally owned and operated.

Grogan v. DeSapio

11 N.J. 308 · Supreme Court of New Jersey · Jan 19, 1953

Clearly the 1927 act vested in the board of commissioners a “complete” discretion, Tagliareni v. Stilz, supra. … It did not, however, circumscribe the powers of the courts, clearly implicit in Oliver v.

State v. Sullivan

24 N.J. 18 · Supreme Court of New Jersey · Apr 1, 1957

In our opinion, it was fully established that Dr. … From daily experience, he acquires a certain immunity to lawyers’ emotional perorations and inevitably turns to the evidence as his ultimate guide.

Cole National Corp. v. State Board of Examiners of Ophthalmic Dispensers & Ophthalmic Technicians

57 N.J. 227 · Supreme Court of New Jersey · Dec 7, 1970

Unless clearly ultra vires on their face, the person attacking them has the burden of proving otherwise. In re Weston, 36 N. J. 358 (1961), cert. denied, 369 U. S. 864 , 83 S. Ct. 1029 , 8 L. … Licensed Dispensers are thereby immunized against competition and enjoy an exclusive control of the market. This is patently not the purpose for which the statute was enacted.

New Jersey Ass'n of Health Care Facilities v. Finley

83 N.J. 67 · Supreme Court of New Jersey · May 28, 1980

Although the State Medicaid program reimbursed qualified *74 nursing homes which voluntarily accepted indigents for their care at standard rates, the homes could generally obtain greater fees from private paying patients … Administrative regulations enjoy a presumption of legality and unless clearly ultra vires on their face, and we have held they are not, the person attacking them has the burden of proving their invalidity.

Commercial Cleaning Corp. v. Sullivan

47 N.J. 539 · Supreme Court of New Jersey · Jul 12, 1966

Instead the legislative purpose clearly seems to be to confer on the Director broad discretion to determine who is the “responsible bidder”; which bid will be most advantageous to the State, “price and other factors considered … accepted only” from persons qualified in accordance with such classification.

Lewis v. Mayor of Newark

74 N.J.L. 308 · Supreme Court of New Jersey · Mar 9, 1907

By an act entitled “An act determining what newspapers shall be qualified to publish legal notices and proceedings,” passed June 13th, 1895 (Pamph. … The authority to pass the ordinance is not questioned; the power to adopt the motion at the time they did was clearly not existing in the common council.

George v. Great Eastern Food Products, Inc.

44 N.J. 44 · Supreme Court of New Jersey · Feb 9, 1965

(The burden of proof to establish the idiopathic cause was placed on the employer. 11 N. J., at p. 38.) … The seeming exclusionary breadth of this thesis was, however, qualified by saying that, even if the inception of the fall was occasioned by a personal condition and non-work connected, the resulting injury was compensable

Kennedy v. Westinghouse Electric Corp.

16 N.J. 280 · Supreme Court of New Jersey · Oct 25, 1954

The literal sense of the terms may be qualified by the context. The significance of a particular part of the writing is determined by a consideration of all its parts. … Indeed, the contrary is made clearly implicit in the provision computing holiday pay at the sum “paid for established shift hours.”

Marsa v. Wernik

86 N.J. 232 · Supreme Court of New Jersey · Jun 8, 1981

Nyquist, 413 U.S. 756, 772-773 , 93 S.Ct. 2955, 2965 , 37 L.Ed.2d 948, 962-963 (1973), viz: [T]o pass muster under the Establishment Clause the law in question, first, must reflect a clearly secular legislative purpose, second … Finding the readings clearly a religious activity, the Court said “the constitutional prohibition against law respecting an establishment of religion must at least mean that in this country it is no part of the business of

State v. Hunt

115 N.J. 330 · Supreme Court of New Jersey · Jun 9, 1989

In Ramseur , in Bey (II) , in Williams (II) , and now in this case, the Court refuses to come to grips with the clearly disturbing implications created by using a death-qualified jury. … Thus, “the court ordinarily has a supervening responsibility to charge the jury concerning any version of the offense ‘clearly indicate[d]’ by the evidence to require proper consideration.”