Case law

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

Robert Lavezzi v. State of N.J. (072856)

219 N.J. 163 · Supreme Court of New Jersey · Sep 9, 2014

Thus, the TCA’s provisions authorizing the imposition of liability upon the State for the acts and omissions of employees is derived from established principles of vicarious liability. … The Third Circuit has noted that the “dual or hybrid” role of county prosecutors in New Jersey imposes responsibilities on both the State and the county that the prosecutor serves: It is well established that

State v. Mayor of Bayonne

35 N.J.L. 476 · Supreme Court of New Jersey · Jun 15, 1872

This court should not, upon certiorari, interfere with their judgments, unless the adoption of some erroneous principle, or fraud, mistake, or partiality is clearly shown. … Besides, it uoAvhere appears that the commissioner thus defectively qualified, was a discreet and impartial freeholder, as required by the city charter.

State v. Chamberlin

37 N.J.L. 388 · Supreme Court of New Jersey · Feb 15, 1875

This is a most salutary rule, free from any difficulty in its application, and is essential to secure to private property immunity against oppression. … The legislature considered and passed upon the system as an entirety, with the design of establishing a thorough and effective drainage.

Harris v. Vanderveer's

21 N.J. Eq. 424 · Supreme Court of New Jersey · Nov 15, 1869

<$f S. 651) gave him full power to erect and establish courts, but in his instructions {L. … These courts, and in fact any court except the Court of Appeals, were not established or continued by the Constitution of 1776.

State v. Stenner

50 N.J.L. 59 · Supreme Court of New Jersey · Nov 15, 1887

They offered no evidence to qualify the possession of the plaintiffs. … This question is clearly answered by.three recent cases in this court.

State v. Weleck

10 N.J. 355 · Supreme Court of New Jersey · Oct 20, 1952

Quite clearly, therefore, under our present Constitution and rules the State here had an appeal to the Appellate Division of the Superior Court. … “Such judicial discretion cannot be arbitrary, vague or fanciful but rather must be governed by and in accord with established principles of law,” State v. Bunk, 4 N. J. 482, 485 (1950).

In re the Election of Directors & of Certain Officers of the A. A. Griffing Iron Co.

63 N.J.L. 168 · Supreme Court of New Jersey · Dec 19, 1898

concerning the jurisdiction we are now exercising, then exercised under a separate law: “ By the 'seventh section of the act this court are required to inquire into the matters or causes •of complaint, and thereupon to establish … corporation organized thereunder shall have a president, secretary and treasurer who shall be chosen either by the directors or stockholders as the bylaws may direct, and shall hold their offices until others are chosen and qualified

Matter of Coruzzi

95 N.J. 557 · Supreme Court of New Jersey · Mar 20, 1984

Long before the 1970 adoption of the judicial removal statute, the rule was firmly established that the conviction of an attorney conclusively established the underlying facts in disciplinary proceedings. … In exchange for a grant of immunity, Caggiano agreed to cooperate with the police and was fitted with electronic surveillance equipment.

Edmond v. Neuberger

112 N.J.L. 203 · Supreme Court of New Jersey · Jan 5, 1934

We are clearly of the opinion that the alleged parol agreement for the repurchase of the stock was part and parcel of the writing between the parties. … It appears to us that it would require a construction contrary to the established law of our state (Naumberg v. Young, 44 N. J.

McLaughlin v. Rova Farms, Inc.

56 N.J. 288 · Supreme Court of New Jersey · Jun 22, 1970

Although his qualifications were not as impressive as those of plaintiffs’ witness, he was adequately qualified to testify. … But since a retrial was ordered it went on to say that “* * * it had been established earlier that the expert had inspected the facilities, and he thus was qualified, if he first described the facilities (about which there

Mani v. Mani

183 N.J. 70 · Supreme Court of New Jersey · Apr 6, 2005

The thirteen alimony factors listed in N.J.S.A. 2A:34-23(b) clearly center on the economic status of the parties. That is the primary alimony focus. … For purposes of this rule, paraprofessional services shall mean those services rendered by individuals who are qualified through education, work experience or training who perform specifically delegated tasks which are legal

Strauss v. Wright Aeronautical Corp.

135 N.J.L. 371 · Supreme Court of New Jersey · Apr 3, 1947

The phrase is to be construed to mean “such proof that the fact finder, after hearing the testimony in support of the claim and contrasting and weighing it with *374 that produced to rebut it, is clearly of the view that … Similarly, prostration causing immediate cessation of work has been adequately established.

V.C. v. M.J.B.

163 N.J. 200 · Supreme Court of New Jersey · Apr 6, 2000

Without such a requirement, a paid nanny or babysitter could theoretically qualify for parental status. … Indeed, *229 “[t]he denial of visitation rights is such an extraordinary proscription that it should be invoked only in those exceptional cases where it clearly and convincingly appears that the granting of visitation will

Coons v. American Honda Motor Co.

94 N.J. 307 · Supreme Court of New Jersey · Aug 3, 1983

However unfortunate our failure to articulate clearly our position in the Velmohos footnote, our intention was, as accurately perceived by Justice Powell, to make no more than a “neutral observation.” … opinion in Searle, that “foreign corporations may designate an agent for service of process only by obtaining a certificate of authority to do business.” 455 U.S. at 419, 102 S.Ct. at 1147, 71 L.Ed.2d at 262-63. 6 Ill Having established

Coons v. American Honda Motor Co., Inc.

96 N.J. 419 · Supreme Court of New Jersey · Jun 13, 1984

have relied, * * * or by deciding an issue of first impression whose resolution was not clearly foreshadowed * ’ *. … litigants may have relied * * * or by deciding an issue of first impression whose resolution was not clearly foreshadowed.”

Kocher v. Supreme Council Catholic Benevolent Legion

65 N.J.L. 649 · Supreme Court of New Jersey · Mar 4, 1901

Whether these conversations occurred before or after March 15th, 1895, .does not clearly appear. They were somewhere near that date. … But this immunity is extended to those only dealing in good faith with such officers, and who do not know, or are not bound to know; the limitations of their power by the provisions of the company’s charter. 17 Am. & Eng.

Gore v. United States Steel Corp.

15 N.J. 301 · Supreme Court of New Jersey · May 3, 1954

the course of its opinion the court suggested that reasons for declining jurisdiction “might be successfully advanced in cases between citizens of our state” and expressed the broad view that “where the ends of justice clearly … It is only in those exceptional cases where a weighing of all of the many relevant factors, of which residence is but part, decisively establishes that there is available another forum where trial will best serve the convenience

Vulcan Detinning Co. v. American Can Co.

72 N.J. Eq. 387 · Supreme Court of New Jersey · Jul 2, 1907

It is never a rule of evidence by which the actual possession of knowledge by the principal can, in point of fact, be established. … This is the test established by the case of State v.

Landrigan v. Celotex Corp.

127 N.J. 404 · Supreme Court of New Jersey · May 6, 1992

In Hake , the plaintiffs offered the testimony of a trained first-aider to establish the lifesaving potential of cardiopulmonary resuscitation (CPR). … We are confident that a careful charge, clearly explaining the elements necessary for each finding, can assist juries in reaching fair verdicts on both the liability phase and, should they reach the question, punitive *427