Case law

Charles Beseler Co. v. O'Gorman & Young, Inc.

188 N.J. 542 · Supreme Court of New Jersey · Dec 4, 2006

Among other reasons given to support its conclusion, the panel below employed established rules of construction applicable when interpreting insurance policies. … That language clearly excludes only injuries that result from a subjective intent to injure.

Kristiansen v. Morgan

153 N.J. 298 · Supreme Court of New Jersey · Mar 12, 1998

The Legislature clearly chose only three categories of workers to whom it would extend an election of whether to file a common-law tort action or a claim for benefits under the Act. … In its place, the Legislature established the premises rule. That was accomplished by defining for the first time when employment begins and ends.

Franklin Tp. v. BD. OF ED. N. HUNTERDON REG. HIGH SCH.

74 N.J. 345 · Supreme Court of New Jersey · Sep 22, 1977

Although the Court allowed a maximum deviation of 11.9%, it clearly announced that such justifications could be of only limited utility. … board had power to appoint a county school superintendent, prepare an annual budget, levy taxes and distribute those which were delinquent, take charge of educational programs and supervisory services, employ teachers and establish

Gerety v. Atlantic City Hilton Casino Resort

184 N.J. 391 · Supreme Court of New Jersey · Jul 25, 2005

hired or was terminated from that position; and (4) the employer sought to, or did fill the position with a similarly-qualified person. … Terminix Int’l, Inc., 109 N.J. 575 , 538 A.2d 794 (1988), and further clarifying second prong of test when used to assess whether terminated plaintiff has established prima facie case).

State ex rel. G.C.

179 N.J. 475 · Supreme Court of New Jersey · May 4, 2004

It does so by criminalizing the actor’s possession of the weapon when the attendant circumstances are not clearly consistent with a lawful use. … The Legislature’s describing a weapon in that fashion, however, is different from its indicating how that weapon’s use would qualify as a fourth-degree offense.

State v. Kromphold

162 N.J. 345 · Supreme Court of New Jersey · Feb 1, 2000

Ill An appellate court may modify a sentence only if the sentencing court was “clearly mistaken.” Jarbath, supra, 114 N.J. at 401 , 555 A.2d 559 . … The serious nature of the injuries sustained both by Shin Ru Shih and Jenfei Shih clearly justified the trial court’s application of the l(a)2 aggravating factor.

Grimes v. Quimby

51 N.J.L. 397 · Supreme Court of New Jersey · Jun 15, 1889

the undersigned, a justice of the Supreme Court, holding the Morris Circuit for the Term of January, A. d. 1889, have-heard the respective allegations and proofs of the parties, and do now find the following facts to be established … There was clearly no expression of the popular will on the 13th of March. There was no opportunity to express it; there was an obstacle in the way of doing so which the voters could not surmount.

Bittle v. Camden & Atlantic Railroad

55 N.J.L. 615 · Supreme Court of New Jersey · Jun 15, 1893

Cas. 193, to say whether any facts have been established by evidence from which negligence may be reasonably inferred. … It follows that if the real facts have not been established by the evidence, but remain in substantial dispute, the trial judge must submit them, and the inferences to be drawn from those which the jury find established,

State v. Mayor of Bayonne

58 N.J.L. 325 · Supreme Court of New Jersey · Nov 15, 1895

Salter qualified and entered upon the duties of his office, and continued in office until June 5th, 1894. … The general principle has been so universally established that quo warranto is the only action by which the title to a public office can be looked into and tested, as to need no citation of authorities to support it, and

State v. Julie Kuropchak

221 N.J. 368 · Supreme Court of New Jersey · Apr 28, 2015

Occasionally, however, a trial court’s findings may be so clearly mistaken that the interests of justice demand intervention and correction. (pp 15-17) 2. … In Chun, this Court set forth mandatory guidelines for establishing the Alcotest’s reliability.

Sanders v. Langemeier

199 N.J. 366 · Supreme Court of New Jersey · May 4, 2009

In establishing the special policy, the Legislature stated that it intended “to assist certain low income individuals in [New Jersey] and encourage their greater compliance in satisfying the mandatory private passenger automobile … Harris, 35 N.J. 270, 279 , 173 A.2d 1 (1961), it may not be expanded beyond the remedial purposes the Legislature clearly envisioned.

State v. Court of Common Pleas of Morris

36 N.J.L. 72 · Supreme Court of New Jersey · Nov 15, 1872

The provisions of the act (Laws, 1871, p. 1470,) are substantially that it should be lawful for the persons qualified to vote at the next annual town meeting, to determine by ballot whether thereafter license to sell spirituous … This species of property is clearly within the same rule, which permits the corporate body under legislative sanction to determine for itself whether gunpowder or nitro glycerine may be manufactured or stored within its limits

Title Guarantee & Trust Co. v. Trenton Potteries Co.

56 N.J. Eq. 441 · Supreme Court of New Jersey · Sep 20, 1897

foreign law and its application, like any other results of knowledge and experience in matters of which no knowledge is imputed to the judge, must be proved, as facts are proved by appropriate evidence — i. e., by properly qualified … The conclusion reached is that the chancellor was clearly right in considering that the affidavit of the New York counsel, annexed to the answer in this case, was competent evidence to show the state of the law in New York

DeNike v. Bd. of Trustees, Employees Ret. System of NJ

34 N.J. 430 · Supreme Court of New Jersey · Apr 10, 1961

Subject to the qualifying comments which here follow, the judgment is affirmed for the reasons expressed in the comprehensive opinion of the Appellate Division, DeNike v. … Clearly, plaintiff was led to believe that the “informal hearing” was not a final adjudication.

In Re the State for the Forfeiture of Personal Weapons & Firearms Identification Card Belonging to F.M.

225 N.J. 487 · Supreme Court of New Jersey · Jun 30, 2016

Crespo, 201 N.J. 207, 210 (2010) (“[T]he right to possess firearms clearly may be subject to reasonable limitations.”). … Indeed, the panel only found that the evidence was not sufficient to establish that G.M. was guilty of harassment in August 2010.

State v. Brown

170 N.J. 138 · Supreme Court of New Jersey · Dec 3, 2001

The lower courts conclusion on that issue, however, was clearly in error. … L.Rev. 108, 115 (1968) ("In short, Santos immunizes the sovereign in criminal cases from application of the admissions exception (and perhaps all exceptions) to the hearsay rule.

Bower v. Bd. of Educ. of East Orange

149 N.J. 416 · Supreme Court of New Jersey · Jun 10, 1997

In addressing the second prong of the indemnification test, the court noted that although the criminal acts were obviously beyond Power’s prescribed duties, that did not immunize the board from statutory liability. 124 N.J.Super … Nor is it established or conceded that Bower ever entered the bathroom when students were present.

Nappe v. Nappe

20 N.J. 337 · Supreme Court of New Jersey · Jan 16, 1956

Such a situation is clearly distinguishable from the *345 one before the court here, where the respondent-wife established a residence in the State of Nevada sufficient to meet the jurisdictional requirement of the statute … The only interest that the wife ever had was one share of qualifying stock in one of the companies and two in the other, the certificates for which were never delivered to her, and this, she says was in consideration of her

Jimenez v. Baglieri

152 N.J. 337 · Supreme Court of New Jersey · Jan 29, 1998

Only claimants who are statutorily qualified under N.J.S.A. 39:6-62 may recover benefits under the Fund. … That plaintiff is a “qualified person” to recover benefits under the Fund Act is undisputed.

Phelps v. Morrison

25 N.J. Eq. 538 · Supreme Court of New Jersey · Nov 15, 1874

It would clearly bind the land so that it could *544 be sold under it. … But this judgment was afterwards reversed in the Court of Errors, and a contrary construction *545 was established.