Case law

Coleman v. Wilson

123 N.J. Super. 310 · New Jersey Superior Court Appellate Division · Mar 21, 1973

The Legislature in making the change spoke clearly as to its intent by stating in N. J. S. … Ernest Yan Den Haag who qualified as a psychologist, a psychoanalyst and a sociologist testified as to both of the motion pictures: (1) their dominant theme taking them as a whole appealed to a prurient interest in sex; (

State v. Olivera

344 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Nov 1, 2001

Without proper judicial guidance, jurors are not qualified to make such a determination. We therefore reverse defendant's conviction and remand for a new trial. … Although not objected to, the last sentence was clearly improper. State v. Moore, 304 N.J.Super. 135, 143-44 , 698 A. 2d 1259 (App.Div.1997); (citing Wainwright v.

La Greca v. Director, Division of Taxation

15 N.J. Tax 22 · New Jersey Tax Court · Jan 10, 1995

Arnold, a consulting actuary, who qualified as an expert in the field of actuarial science. … As the Supreme Court observed in Bassett, supra defendant “is obliged to consider all relevant criteria in establishing a valuation.” 23 N.J. at 557 , 130 A.2d 1 .

Keegan v. Estate of Keegan

157 N.J. Super. 279 · New Jersey Superior Court Appellate Division · Feb 17, 1978

Keegan, his father's executor having renounced, qualified as administrator with the will annexed of his father's estate and as general administrator of his mother's estate and of the estate of his brother Robert Edward Keegan … Keegan simply established an order of death. The order being determined, the right of survivorship applies.

State v. Kirk

145 N.J. 159 · Supreme Court of New Jersey · Jul 10, 1996

Instead, they must *170 show clearly and convincingly their entitlement to relief under the standard established herein. … -B- Defendant qualified for an extended term sentence under section 6f because in 1988, he was convicted in New York of third-degree attempted sale of cocaine to an undercover police officer, a violation of section 220.39

State ex rel. C.V.

201 N.J. 281 · Supreme Court of New Jersey · Mar 22, 2010

Moreover, because C.V. was clearly beyond her grandmother’s control, the court placed her in the custody of the Division of Youth and Family Services. … court has such flexibility on resentencing a probationer following a violation of probation, there was no reason for the family court below to have felt constrained by the mandatory-credit direction in Rule 5:21-3(e) when establishing

In the Matter of the Proposed Quest Academy Charter School of Montclair Founders Group

216 N.J. 370 · Supreme Court of New Jersey · Dec 16, 2013

The Commissioner determines whether the applicant is a “qualified applicant” that advances to phase two of the evaluation process. See N.J.A.C. 6A:11-2.1(b)(3), (c). … The information clearly is intended to assist the Commissioner in her consideration of the application.

BEY v. COMBS

District Court, D. New Jersey · May 1, 2025

)(2)(B) requires courts to review the complaint and dismiss claims that: (1) are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune … In the event Plaintiff believes that he is able to establish this Court’s subject matter jurisdiction, he may file an amended complaint that clearly sets forth the basis for the Court’s subject matter jurisdiction, including

State v. J.A.

398 N.J. Super. 511 · New Jersey Superior Court Appellate Division · Mar 6, 2008

The first factor is clearly the most important, “pivotal consideration.” State v. Cummings, 184 N.J. 84, 97 , 875 A.2d 906 (2005) (citations omitted). … Clearly, the first category is not implicated here.

State v. Deliso

75 N.J.L. 808 · Supreme Court of New Jersey · Mar 2, 1908

the same time is, from another point of view, the climax of a series of acts that culminated in the crime for which the defendant is on trial, the question of the rejection of the testimony in toto, or of its absolute or qualified … as to the defendant ought to have found that a specific intent to take the life of Luigi was also established.

State v. Maguire

84 N.J. 508 · Supreme Court of New Jersey · Dec 2, 1980

Since a very substantial proportion of those now in prison will not qualify for resentencing, and therefore will not obtain the advantages of individualization and reduction of disproportionate sentences contemplated by the … The Code establishes a system of grading for virtually every offense.

Newman v. Delahunty

293 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Aug 15, 1994

Thus, element one is established. It is clear that the statements concern Mr. Newman, the incumbent Mayor, so element two is established. … Herman, supra, establishes parameters for the award of punitive damages.

Doe v. Bridgeton Hospital Ass'n, Inc.

71 N.J. 478 · Supreme Court of New Jersey · Nov 17, 1976

The parties stipulated that there were doctors on the staffs of each of the hospitals who were willing and *485 qualified to perforin elective abortions and that the occupancy rate in 1971 of obstetrical beds in Bridgeton … The record does not establish the first premise.

State v. Mayberry

52 N.J. 413 · Supreme Court of New Jersey · Jul 23, 1968

This claim was of course clearly rejected by the jury’s finding of murder in the first degree. … Indeed this supported Mayberry’s testimony that there had been a struggle and it was clearly nonprejudicial.

Serodio v. Rutgers

27 F. Supp. 3d 546 · District Court, D. New Jersey · Jun 13, 2014

“[A] school may only be4 held liable for a Title VI claim of student-on-student racial discrimination when the school’s response is ‘clearly unreasonable in light of the known circumstances.’ ” Id. … Nor has he presented any evidence to establish that the school knew about such incidents and acted with deliberate indifference.

ROWLEY v. SULLIVAN

District Court, D. New Jersey · Jun 30, 2020

Although the question   1 Defendants also argue that Plaintiff’s claims are barred under the doctrine of qualified immunity. … Because this Court finds that summary judgment is warranted on the merits, the Court need not reach the issue of qualified immunity.

FRANKLIN ARMORY, INC. v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jan 22, 2021

Although arguments in reply briefs generally are not considered, sovereign immunity 2. … The parties do not dispute that Plaintiff’s constitutional claim and Plaintiff’s defamation claims both fall within the clearly recognized exceptions to Eleventh Amendment immunity; the constitutional claims

Moiseyev v. NEW JERSEY RACING COM'N

239 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 28, 1989

The applied vagueness test requires that the regulation fails to proscribe clearly the conduct against which it is being enforced in the matter before the court. Ibid. … In particular, in the area of occupational restrictions, any imprecision in drafting must be assessed with a recognition that the governing body of the occupation or profession is uniquely qualified to assess the meaning

Schmid v. First Camden National Bank, C., Co.

130 N.J. Eq. 254 · New Jersey Superior Court Appellate Division · Oct 5, 1941

Secundum, Corporations ¶ 5 , c., the distinction between the fundamental concept and the exception is clearly stated. … Furniture Workers Union, c., supra , "are not yet clearly established, but are being staked out slowly by accumulating precedents."

Citizens' Committee for Environmental Protection v. United States Coast Guard

456 F. Supp. 101 · District Court, D. New Jersey · Jun 9, 1978

The plaintiffs’ only attempt to address the sovereign immunity argument occurred during oral argument in this case. … The proposed highway segment will serve three major functions which clearly establish independent utility.