Case law

Nusbaum v. Newark Morning Ledger Co.

33 N.J. 419 · Supreme Court of New Jersey · Nov 7, 1960

They preclude inquiry into matters which qualify as privileged. *423 It is not necessary to discourse upon the full connotation of the privilege contemplated by the rule. … A. 2A :81-5, which established the privilege legislatively and upon which appellants relied, was repealed by L. 1960, c. 52, N. J. S. A. 2A :84A-1 to 49.

Brady v. Department of Personnel

149 N.J. 244 · Supreme Court of New Jersey · May 22, 1997

Candidates first take the written portion, which lasts for three hours, and those who exceed a particular score then qualify to take the oral portion, although scoring highly enough on the written part to proceed to the oral … After reviewing your responses in light of the guidelines and parameters established, we conclude that your assigned scores are accurate.

In Re Quinlan

70 N.J. 10 · Supreme Court of New Jersey · Mar 31, 1976

Such notions as to the distribution of responsibility, heretofore generally entertained, should however neither impede this Court in deciding matters clearly justiciable nor preclude a re-examination by the Court as to underlying … We would hesitate, in this imperfect world, to propose as to physicians that type of immunity which from the early common law has surrounded judges and grand jurors, see, e. g., Grove v. Van Duyn, 44 N. J.

GUTTENBERG S. & L. ASS'N, CORP. v. Rivera

85 N.J. 617 · Supreme Court of New Jersey · Apr 21, 1981

However, the act clearly is meant to do far more than protect residential tenants from harassment by landlords. … The act affects the rights of an owner, whose interests in the property are clearly greater than those of a mortgagee.

State v. Harvey

121 N.J. 407 · Supreme Court of New Jersey · Oct 18, 1990

The' importance of the police’s failure to reissue Miranda warnings after defendant had met his father is clearly shown by what happened when the police finally did give him the warnings. … Clearly, then, Griffith mandates adherence to a Hartley analysis in this case.

Lanzet v. Greenberg

126 N.J. 168 · Supreme Court of New Jersey · Sep 4, 1991

The latter is a more flexible standard by which the court may set aside the verdict of the jury, if contrary to the weight of the evidence or clearly the product of mistake, passion, prejudice, or partiality. … If the facts were otherwise, there was a deviation and the jury was uniquely qualified to resolve the factual dispute.

McAvoy v. Inhabitants of City of Trenton

82 N.J.L. 101 · Supreme Court of New Jersey · Jul 21, 1911

The ordinance under review is a general one, establishing certain positions to be filled by the common council, and repealing all inconsistent ordinances, and as no such position as clerk of the street department is provided … Wilson was such non-resident, but it clearly appears that he was duty elected from the ward he claims to represent; that he is recognized as a member of the council, and has participated in all of its proceedings and business

In Re Myron Farber

78 N.J. 259 · Supreme Court of New Jersey · Sep 21, 1978

II New Jersey News Media Privilege The appellants' claims as to the privileged nature of the subpoenaed materials are clearly cogent under N.J.S.A. 2A:84A-21. … Realizing that strict confidentiality is essential to the workings of a free press, our Legislature, through the News Media Privilege Act, has granted reporters an immunity from disclosure which is both absolute and comprehensive

Clover Hill Swimming Club, Inc. v. Goldsboro

47 N.J. 25 · Supreme Court of New Jersey · Apr 4, 1966

Clearly not every establishment using the “club” label can be considered “distinctly private.” Self-serving declarations by the owner of an accommodation are not determinative of its character. In Fraser v. … The water front is staffed with fully qualified Red Cross Water Safety Instructors and Senior Lifesavers. Lifeguards are on duty at all times the waterfront is open.

J.D. v. M.D.F.

207 N.J. 458 · Supreme Court of New Jersey · Jul 28, 2011

Id. at 262-64 , 870 A.2d 307 (noting that purposeful *484 “is the highest form of mens rea contained in our penal code, and the most difficult to establish”). … Nevertheless, it would only qualify as a predicate act if it were both committed with a purpose to harass and if the act was “likely to cause annoyance or alarm.” Ibid.

State v. Hakum Brown State v. Rodney Brown (083353) (Essex County, Middlesex County, & Statewide)

Supreme Court of New Jersey · Jan 25, 2021

SOMA requires qualifying sex offenders to wear an electronic ankle bracelet that tracks their movements via global positioning satellite (GPS). Id. at 277. … As the Poritz Court stated, “[l]abels, of course, do not ‘immunize [a law] from scrutiny under the Ex Post Facto Clause.’” Poritz, 142 N.J. at 62 (second alteration in original) (quoting Collins v.

Waszen v. City of Atlantic City

1 N.J. 272 · Supreme Court of New Jersey · Jan 10, 1949

insured for public liability and property damage in designated amounts; and (6) the contractor was required to submit proof with the bid that he had an office in Atlantic County, when heretofore *278 he was only required to establish … This is clearly demonstrated by the fact that prior to the time for the reception of bids on the second letting .

Meszaros v. Gransamer

23 N.J. 179 · Supreme Court of New Jersey · Jan 14, 1957

The members of the gen *183 eral panel were fully qualified and properly chosen jurors. … And it explains the success of the whole judicial establishment. Procedure has become a practical means to an end.

State v. Jenewicz

193 N.J. 440 · Supreme Court of New Jersey · Jan 28, 2008

The questioning established that Dr. … We found that the prosecutor’s references in Nelson were “clearly improper” and constituted reversible error. Id. at 462 , 803 A.2d 1 .

Ordinary of New Jersey v. Thatcher

41 N.J.L. 403 · Supreme Court of New Jersey · Nov 15, 1879

It might, however, tend to misconception if this general statement of the legal'rule should not be qualified by an intimation that there may be cases in which an obligor may, by his incaution, impart to the depositary of … The doctrine is stated as established law, both in the Touchstone and in the Institutes of Lord Coke.

State v. A.M.

237 N.J. 384 · Supreme Court of New Jersey · Apr 1, 2019

waiver portion of Miranda forms to establish literacy and comprehension. … Therefore, "[a] trial court's findings should be disturbed only if they are so clearly mistaken 'that the interests of justice demand intervention and correction.' " **396 State v.

Garfield Trust Co. v. Director, Division of Taxation

102 N.J. 420 · Supreme Court of New Jersey · May 22, 1986

Hence, the Supreme Court decision in Werner Machine clearly established that the CBT, as a bona fide franchise tax, was not imposed directly upon the underlying property of a corporate taxpayer, and therefore that 31 U.S.C.A … Thus, the exemption established by N.J.S.A. 34:1B-15 clearly does not affect the imposition of the tax on the value, income and gain on transfer of EDA bonds under the corporation business tax and on the gain derived from

State Ex Rel. Ja

195 N.J. 324 · Supreme Court of New Jersey · Jun 23, 2008

Clearly, "in many, if not most, instances precise contemporaneity is not possible, and hence a slight lapse [in time] is allowable." Fed.R.Evid. 803(c) advisory committee's note. … We recognize, however, that a statement inadmissible as a present sense impression may qualify as an excited utterance. B.

Geller v. Department of the Treasury

53 N.J. 591 · Supreme Court of New Jersey · May 5, 1969

In our view her letter of November 18 clearly authorized “contribution deductions at the legal rate due” in her case. … The questions thereafter posed in the letter did not qualify nor reveal an intention to qualify the authorization.

State v. Savoie

67 N.J. 439 · Supreme Court of New Jersey · Jun 16, 1975

The context clearly shows that the prohibited receiving or taking was that for the execution and doing of the officer’s duty and office. … When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto. * * * (8) Requirement