Case law

Brown v. State Dept. of Personnel

257 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Jun 12, 1992

N.J.S.A. 11A:5-1(b) establishes the three conditions that must be fulfilled to qualify for the veteran's preference: 1) active service during a time period set forth in the statute, and 2) discharge or release under other … The 1950 amendment added members who served in World War II to those who "shall be entitled to be admitted to examination for promotion;" but this is clearly intended to operate prospectively. [ Id. at 241-42, 75 A. 2d 905

State v. Sheika

337 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Feb 9, 2001

Harrington, 310 N.J.Super. 272 , 708 A. 2d 731 (App.Div.), certif. denied, 156 N.J. 387 , 718 A. 2d 1216 (1998) is clearly misplaced. … If the facts so presented establish a prima facie case of ineffectiveness, defendant should be afforded an evidentiary hearing. *1163 IV. Defendant's remaining arguments clearly lack merit. R. 2:11-3(e)(2).

Central Hanover Bank & Trust Co. v. Hutchinson

22 N.J. Super. 78 · New Jersey Superior Court Appellate Division · Oct 3, 1952

Hutchinson, Jr., qualified as executors and trustees. McElheny died January 26, 1935, leaving Archibald A. … Upon the death of Hutchinson, Jr., the plaintiffs qualified as successor trustees under the will of Hutchinson, Sr. The Twenty-fourth clause of Hutchinson, Sr.'

SANCHEZ v. ELIZABETH BOARD OF EDUCATION

District Court, D. New Jersey · Dec 23, 2020

This Court has consistently held that a public-school Board of Education qualifies as “public entity” under the meaning of the NJTCA. See, e.g., Williams v. … App'x 378, 382 (3d Cir. 2003) (affirming dismissal of Fourteenth Amendment Claim where plaintiff did not “articulate clearly the basis for the claim”).

State v. MJK

369 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jun 9, 2004

It was in these aspects of the experts' analyses that the divergence of opinions most clearly exposed the flaws in Joseph's methodology. … Joseph is not, in general, qualified to determine competence to stand trial.

Bates Mfg. Co. v. Bates Numbering Mach. Co.

172 F. 892 · U.S. Circuit Court for the District of New Jersey · Sep 25, 1909

Words which form a part of the common stock of: the language may become so thoroughly identified with some one person's business or goods that, it is quite possible that the use of them alone without any qualifying words … prospective purchasers to change orders, proposals, and awards calling for a “Bates Numbering Machine,” so as to describe or specify a machine or machines of other make than that of the complainant, without at the same time clearly

PARKS v. CFG HEALTH SERVICES

District Court, D. New Jersey · Oct 13, 2020

The Court assumes that Plaintiff’s intestinal infection qualifies as a serious medical need for screening purposes only. … “To state a claim for false arrest under the Fourth Amendment, a plaintiff must establish: (1) that there was an arrest; and (2) that the arrest was made without probable cause.”

In Re Civil Commitment of AEF

377 N.J. Super. 473 · New Jersey Superior Court Appellate Division · May 16, 2005

He has — he has some awareness of the way they feel so that he can fake sympathy and establish a semblance of friendship with the victims. … The admission of the opinions expressed in the prior evaluations was clearly harmless in this case.

State v. Provoid

110 N.J. Super. 547 · New Jersey Superior Court Appellate Division · Jun 22, 1970

Accordingly, since both the killer and the assailants were on commonly held property (under our assumption but not under the actual facts), defendant had no immunity from the ordinary self-defense doctrine and could not claim … The jury verdict of manslaughter clearly indicates that it did not believe the homicide to have been premeditated.

State v. Jackmon

305 N.J. Super. 274 · New Jersey Superior Court Appellate Division · Oct 31, 1997

Ill Defendant argues that the trial court’s jury charge on accomplice liability did not comply with principles established in State v. … In this respect, the State contends that defendant’s guilt of felony-murder “clearly indicates the jury considered defendant as a principal.”

Township of Franklin v. Board of Education

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 thosei which were delinquent, take charge of educational programs and supervisory services, employ teachers and establish

McKeown-Brand v. Trump Castle Hotel & Casino

132 N.J. 546 · Supreme Court of New Jersey · Jul 1, 1993

provided (a) my job has not been permanently filled or eliminated because of business requirements, or (b) my job duties and responsibilities do not change significantly during my absence, and upon my return I am still qualified … That power, even more clearly than our power over practice and procedure, is the exclusive province of this Court.

Regal Oil Co. v. New Jersey

123 N.J.L. 456 · Supreme Court of New Jersey · Dec 5, 1939

First: The legal principles involved are rather well established. … Ed. 747, 754 , “* * * nothing is more clearly settled than that it is beyond the power of a state, ‘under the guise of protecting the public, arbitrarily to interfere with private business or prohibit lawful occupations or

State v. R.K.

220 N.J. 444 · Supreme Court of New Jersey · Feb 3, 2015

This exercise of discretion depends on the strength of the State’s case because the testimony may have already been established by prior witnesses. Id. at 169-70 , 578 A.2d 370 . … While C.G.’s credibility was clearly relevant, other witnesses are prohibited from giving their opinions about her credi *461 bility.

Orifice v. Elizabeth Trust Co.

116 N.J.L. 110 · Supreme Court of New Jersey · Jan 31, 1936

This case holds that a general deposit in a bank creates the relationship of debtor and creditor between the bank and the depositor and establishes that if, when and so long as the respondent maintained a general deposit … L. 266, wherein the point of the holding was that a cashier’s check properly endorsed had no substantial distinction, for the purpose of qualifying a bidder on public work, from the certified check required by the conditions

Wade v. United States

865 F. Supp. 216 · District Court, D. New Jersey · Feb 15, 1994

The government argues that under these specific definitions, plaintiff does not qualify for attorney’s fees under either the administrative costs provisions or the litigation costs provisions. … The TAMRA amendment clearly provides for recovery of expenses incurred in administrative disputes, but limits the award to costs incurred after the position of the United States is established in one of two specified ways

Weir v. Weir

173 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Feb 21, 1980

Mey involved a question of distribution of a trust fund established for defendant before he had attained the age of 21. … In that respect the case before me and the Mueller case are clearly distinguishable from Kruger .

Wynwood Condominium Ass'n v. Twin Trees Development Co.

250 N.J. Super. 510 · New Jersey Superior Court Appellate Division · May 15, 1991

Clearly, N.J.S.A. 46:8B-9(f) was enacted to protect condominium homeowners, with regard to the common elements of the project. … This statute, however, has been construed to confer municipal immunity only for discretionary mistakes, not clerical ones. Tontodonati v.

L.B. v. S.B.J.

New Jersey Superior Court Appellate Division · Feb 28, 2025

s parenting time until he could establish L.B. … Our limited scope of review in domestic violence cases is well established.

Ferguson v. Rippel

19 N.J. Super. 424 · New Jersey Superior Court Appellate Division · May 7, 1952

They have qualified and have undertaken the administration of the estate. The will provided for the organization of a charitable foundation in memory of his wife, Fannie E. … The pertinent principles of law are too well-established to require extended citation of authority.