Case law

State v. DeLane

207 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Jan 27, 1986

Such a volunteered statement, not made in response to custodial interrogation, is immune from exclusion under Miranda and its progeny. … Sugar , 100 N.J. at 237 The court, therefore, established "a restrictive formulation of the inevitable discovery exception to the exclusionary rule ...

Cavanagh v. Morris County Democratic Committee

121 N.J. Super. 430 · New Jersey Superior Court Appellate Division · Dec 1, 1972

Any special committee established by defendant must be considered a part of tile Democratic Committee. … A. 19:34-52 clearly prohibits such activity. *437 This statute cannot bo given any other meaning. In interpreting statutory words, they are to be given their common usage. Ford Motor Co. v. N. J.

State v. Phelps

187 N.J. Super. 364 · New Jersey Superior Court Appellate Division · Jan 6, 1983

Whether or not the conspiracy has been established by sufficient, independent evidence, Glasser v. … This exception is clearly pecuniary in nature.

McCANNA v. SILLS

103 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Nov 8, 1968

However, it would appear that the number of such schools in New Jersey is minimal, and it follows that the number of such children not qualifying for transportation benefits is inconsequential. … an improper legislative intent within the comprehension of the First Amendment would be clearly erroneous.

In Re Adoption of Child by IT and KT

164 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Dec 14, 1978

As a consequence of this finding, he concluded: Only in the implementation of the clearly stated policy of the Legislature does there lie a real opportunity of inhibiting and suppressing the opprobrious black market in children … The trial judge found that "they qualify financially and culturally, but they do not qualify legally." DYFS submitted a report which paints the *492 T.'

Adams v. DelMonte

309 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Mar 26, 1998

Their complaint challenging the decision, filed nine months later, was clearly untimely. … Here, however, whether a septic tank cleaning service qualifies as a home occupation under the ordinance is essentially a legal question.

State of New Jersey v. Gregory Maurer

438 N.J. Super. 402 · New Jersey Superior Court Appellate Division · Dec 17, 2014

Requirements for admission to Drug Court are clearly defined. The [] Manual outlines two separate tracks for admission into Drug Court. … By its action, the Legislature clearly evinced an intention to rely on a judge's discretion and ability to better determine admission without continuing the prosecutor's right to veto.

Retz v. Mayor & Council of Saddle Brook

134 N.J. Super. 290 · New Jersey Superior Court Appellate Division · May 15, 1975

Thus, it is well established that where property is held by tenancy by the entirety one spouse cannot sign a deed of conveyance without the other’s signature. … The Legislature clearly intended that the full value of a property could be represented on a petition only by the signatures of both tenants by the entirety.

Bd. of Ed., Passaic v. BD. OF ED. OF WAYNE

120 N.J. Super. 155 · New Jersey Superior Court Appellate Division · Jul 6, 1972

Peoples Bank and Trust Co. of Westfield, 17 N.J. 67, 74 (1954), summary judgment may be rendered when the pleadings, depositions and admissions on file, together with affidavits submitted on the motion, show clearly that … seq. does not apply to all of the children at the shelter, this court is of the opinion that no part of the educational program conducted at the shelter can fall within the statute merely because some of the pupils would qualify

Gilbert v. Tull

145 N.J. Super. 53 · New Jersey Superior Court Appellate Division · Oct 6, 1976

Clearly, and properly, the regulations impose upon the welfare board the obligation of exploring and explaining to the applicants the kinds of assistance to which they may be entitled. … Its mission is to provide the basic necessities of life to those who do not qualify under one of the categorical assistance programs. Plaintiff here does qualify for the AEDC program.

Bosland v. Warnock Dodge, Inc.

396 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Oct 18, 2007

a potential violation of any clearly established legal right. … Those allegations are therefore sufficient to establish a potential violation of the TCCWNA because a consumer contract that violates a clearly established legal right under the CFA regulations is also a violation of the

Jeffcott v. Erles

84 N.J. Super. 70 · New Jersey Superior Court Appellate Division · May 14, 1964

As stated by Chief Justice Vanderbilt in Northern N.J., 22 N.J., at p. 195 : "* * * admission to our bar is a privilege granted in the interests of the public to those who are morally fit and mentally qualified, solely for … II, par. 3 of the Constitution is clearly established by Chief Justice Vanderbilt's opinion in Northern N.J., 22 N.J., at p. 198 .

In re State

453 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Mar 5, 2018

He argued N.J.S.A. 2C:4-4 to -6 clearly apply to juveniles, and DHS is the appropriate State entity to produce the independent evaluation of competency the Legislature contemplated. … s fitness to proceed, the State cannot secure an adjudication of delinquency, whether by trial or guilty plea, until his competency can be established. See State v. Purnell , 394 N.J. Super. 28 , 47, 925 A.2d 71 (App.

William James v. Rosalind Ruiz

440 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Mar 25, 2015

In Nowacki, we held that it is "clearly established that medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine … Cristini, who likewise was qualified to read the CT scan and did so as well, reaching a different conclusion.

Patricia T. Conn, Etc. v. Babylin Rebustillo

445 N.J. Super. 349 · New Jersey Superior Court Appellate Division · May 4, 2016

Plaintiff acknowledges that if the report prepared by NMC qualifies as one prepared and submitted in compliance with the PSA mandatory reporting requirement, it is … The circumstances of David Conn's death clearly fall within the definition of a "serious preventable adverse event."

Malanga v. Manufacturers Cas. Ins. Co.

49 N.J. Super. 341 · New Jersey Superior Court Appellate Division · Mar 7, 1958

That being established, there could be no direct liability of the insurer under the policy. What then can give substance to express ( sic ) coverage? … At page 248 of 305 N.Y., at page 275 of 112 N.E. 2 d, the court said: "Clearly the reason for the exclusion from coverage of an assault committed by or at the direction of the assured is that it would not be in accord with

State v. Williamson

54 N.J. Super. 170 · New Jersey Superior Court Appellate Division · Feb 16, 1959

Those are provided by N.J.S. 2 A :85-1, which establishes as misdemeanors "all * * * offenses of an indictable nature at common law" not otherwise provided for by statute, R.S. 40:50-1 not being a penal law, the principle … The misconception by the State of the criminal aspect of the effect of defendant's alleged affirmative acts clearly demonstrates the confused and confusing nature of the indictment.

Township of Piscataway v. Concerned Citizens for Chronic Psychiatric Adults

200 N.J. Super. 615 · New Jersey Superior Court Appellate Division · May 2, 1985

Bor. of Farmingdale, 55 N.J. 103, 112 (1969). ... this is clearly a ease involving only legal questions not calling for the exercise of administrative expertise. … When read in its broad sense with an understanding that it encompasses both groups, it is clear that the statute provides different preconditions for qualifying as a specially-excepted facility under the Land Use Act.

Ensslin v. Township of North Bergen

275 N.J. Super. 352 · New Jersey Superior Court Appellate Division · Jul 15, 1994

The New Jersey LAD provides: Unless it can be clearly shown that a person's handicap ... would prevent such person from performing a particular job, it is an unlawful employment practice to deny an otherwise qualified handicapped … That act prohibits discrimination where the employee is "an otherwise qualified handicapped individual[,]" essentially the same phrase as used in N.J.S.A. 10:5-29.1. 29 U.S.C. § 794 . [1] Although the word "qualified" is

Pote v. City of Atlantic City

411 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Jan 19, 2010

Regardless of the nomenclature used, however, the court concluded that the boardwalk was "clearly a public thoroughfare that is owned, maintained and controlled by the City of Atlantic City." … the facility that was known by the commercial establishment.