preponderance standard (New Jersey) · Go Syfert
← New Jersey issues

preponderance standard in New Jersey

39 New Jersey opinions name it 3 courts 1982–2026 6 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (37)

CaseFollowedCited
Gerstein v. Pughgreen
scotus · 1975 · cited in 4 New Jersey opinions naming this issue, 2005–2020
2 sentences

2020Moreover, the nature of a probable cause determination "does not require the fine resolution of conflicting evidence that a reasonable -doubt or A-5703-17T3 5 even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt." J.M., 182 N.J. at 417 (alterations in original) (quoting Gerstein v. Pugh, 420 U.S. 103, 122 (1975)).

2017Moreover, the nature of a probable cause determination "'does not require the fine resolution of conflicting evidence that a reasonable-doubt or even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt.'" J.M., supra, 182 N.J. at 417 (quoting Gerstein v. Pugh, 420 U.S. 103, 122 , 95 S. Ct. 854, 867 , 43 L.

44
State v. Cordomagreen
njsuperctappdiv · 2004 · cited in 2 New Jersey opinions naming this issue, 2025–2026
2 sentences

2026Super. 25, 37 (App. Div. 2009), aff'd o.b., 201 N.J. 207 (2010) (concluding law enforcement's authority to seize firearms pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 and its use of the preponderance standard is constitutional); A-0738-24 16 State v. Cordoma, 372 N.J.

2025Super. 25, 37 (App. Div. 2009), aff'd o.b., 201 N.J. 207 (2010) (concluding law enforcement's authority to seize firearms pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 and the Act's use of the preponderance standard is constitutional) State v. Cordoma, 372 N.J.

22
Atkinson v. Parsekiangreen
nj · 1962 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020Atkinson v. Parsekian, 37 N.J. 143, 149 (1962) (citations omitted) (applying the preponderance standard in agency proceedings).

2020Atkinson v. Parsekian, 37 N.J. 143, 149 (1962) (citations omitted) (applying the preponderance standard in agency proceedings).

22
State v. Koedatichgreen
nj · 1983 · cited in 2 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017Compare State v. Gibson, 218 N.J. 277, 292 (2014) (explaining that probable cause is a well-grounded suspicion that a crime has been committed), with State v. Williams, 93 N.J. 39, 78 (1983) (providing: "Preponderance of evidence . . . is evidence sufficient to generate a belief that the conclusion advanced is likely.

2017Compare State v. Gibson, 218 N.J. 277, 292 (2014) (explaining that probable cause is a well-grounded suspicion that a crime has been committed), with State v. Williams, 93 N.J. 39, 78 (1983) (providing: "Preponderance of evidence . . . is evidence sufficient to generate a belief that the conclusion advanced is likely.

22
State v. David M. Gibson (070910)green
nj · 2014 · cited in 2 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017Compare State v. Gibson, 218 N.J. 277, 292 (2014) (explaining that probable cause is a well-grounded suspicion that a crime has been committed), with State v. Williams, 93 N.J. 39, 78 (1983) (providing: "Preponderance of evidence . . . is evidence sufficient to generate a belief that the conclusion advanced is likely.

2017Compare State v. Gibson, 218 N.J. 277, 292 (2014) (explaining that probable cause is a well-grounded suspicion that a crime has been committed), with State v. Williams, 93 N.J. 39, 78 (1983) (providing: "Preponderance of evidence . . . is evidence sufficient to generate a belief that the conclusion advanced is likely.

22
State v. Sheppardgreen
njsuperctappdiv · 1984 · cited in 2 New Jersey opinions naming this issue, 2009–2011
2 sentences

2011The preponderance standard is considered adequate when the claim being advanced is "not one, which is either unusually subject to deception or disfavored by the law." State v. Sheppard, 197 N.J.Super. 411, 440-41 [ 484 A. 2d 1330 ] (Law Div.1984).

2011The preponderance standard is considered adequate when the claim being advanced is "not one, which is either unusually subject to deception or disfavored by the law." State v. Sheppard, 197 N.J.Super. 411, 440-41 [ 484 A. 2d 1330 ] (Law Div.1984).

22
Liberty Mutual Insurance v. Landgreen
nj · 2006 · cited in 3 New Jersey opinions naming this issue, 2009–2019
2 sentences

2019Co. v. Land, 186 N.J. 163, 168-70 (2006) (generally endorsing a preponderance standard of proof for civil litigation, unless a higher burden is prescribed by statute or special circumstances).

2011Ibid.

13
State v. JMgreen
nj · 2005 · cited in 2 New Jersey opinions naming this issue, 2017–2020
2 sentences

2020Moreover, the nature of a probable cause determination "does not require the fine resolution of conflicting evidence that a reasonable -doubt or A-5703-17T3 5 even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt." J.M., 182 N.J. at 417 (alterations in original) (quoting Gerstein v. Pugh, 420 U.S. 103, 122 (1975)).

2017Moreover, the nature of a probable cause determination "'does not require the fine resolution of conflicting evidence that a reasonable-doubt or even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt.'" J.M., supra, 182 N.J. at 417 (quoting Gerstein v. Pugh, 420 U.S. 103, 122 , 95 S. Ct. 854, 867 , 43 L.

12
Addington v. Texasgreen
scotus · 1979 · cited in 2 New Jersey opinions naming this issue, 2000–2006
2 sentences

2006Application of the preponderance standard reflects a societal judgment that both parties should “share the risk of error in roughly equal fashion.” Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979).

2006Application of the preponderance standard reflects a societal judgment that both parties should “share the risk of error in roughly equal fashion.” Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979).

12
Steadman v. Securities & Exchange Commissiongreen
scotus · 1981 · cited in 2 New Jersey opinions naming this issue, 1982–2006
2 sentences

2006As this Court stated in discussing the standard of proof applied in agency adjudications under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to - 24: Given the long history of the preponderance standard, together with the total lack of any indication in the language of the statute or in its legislative history of an intent to alter that standard, it is reasonable to infer that the Legislature was content to continue the “traditional preponderance-of-the-evidence standard”.... [Polk, supra, 90 N.J. at 561 n. 1, 449 A.2d 7 (quoting Steadman, supra, 450 U.S. at 102 , 101 S.Ct. at 1008, 67 L

2006As this Court stated in discussing the standard of proof applied in agency adjudications under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to - 24: Given the long history of the preponderance standard, together with the total lack of any indication in the language of the statute or in its legislative history of an intent to alter that standard, it is reasonable to infer that the Legislature was content to continue the “traditional preponderance-of-the-evidence standard”.... [Polk, supra, 90 N.J. at 561 n. 1, 449 A.2d 7 (quoting Steadman, supra, 450 U.S. at 102 , 101 S.Ct. at 1008, 67 L

12
Borough of Sayreville v. Bellefonte Ins. Co.green
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 2023–2023
1 sentence

2023Additionally, defendants rely on this court's opinion in Borough of Sayreville v. Bellefonte Insurance Co., 320 N.J.

11
Matter of Purrazzellagreen
nj · 1993 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022This denotes a burden which lies between a preponderance standard and a "beyond a reasonable doubt" standard; it should produce "a firm belief or conviction as to the truth of the allegations sought to be established." In re Purrazzella, 134 N.J. 228, 240 (1993).

11
Dyfs v. Nsgreen
njsuperctappdiv · 2010 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Super. 593 , 615, 992 A.2d 20 (App. Div. 2010) ("Under the preponderance standard, 'a litigant must establish that a desired inference is more probable than not.

11
MSGW Real Estate Fund, LLC v. Borough of Mountain Lakesgreen
njtaxct · 1998 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017See MSGW, supra, 18 N.J.

11
In Re the Guardianship of K.H.O.green
nj · 1999 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013With regard to the first prong of the test, which addresses the child’s safety, the Division must prove harm that “threatens the child’s health and will likely have continuing deleterious effects on the child.” K.H.O., supra, 161 N.J. at 352, 736 A.2d 1246 .

2013With regard to the first prong of the test, which addresses the child’s safety, the Division must prove harm that “threatens the child’s health and will likely have continuing deleterious effects on the child.” K.H.O., supra, 161 N.J. at 352, 736 A.2d 1246 .

11
Abbott v. Burkegreen
nj · 1990 · cited in 1 New Jersey opinions naming this issue, 2011–2011
2 sentences

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

11
ABBOTT BY ABBOTT v. Burkegreen
nj · 1998 · cited in 1 New Jersey opinions naming this issue, 2011–2011
2 sentences

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

11
Abbott Ex Rel. Abbott v. Burkegreen
nj · 2000 · cited in 1 New Jersey opinions naming this issue, 2011–2011
11
Mathews v. Eldridgegreen
scotus · 1976 · cited in 1 New Jersey opinions naming this issue, 2009–2009
11
United States v. Paul J. Savoiegreen
ca1 · 1993 · cited in 1 New Jersey opinions naming this issue, 2007–2007
11
Ramsey v. United Mine Workersgreen
scotus · 1971 · cited in 1 New Jersey opinions naming this issue, 2006–2006
11
Dept. of Health v. Concrete Specialties, Inc.green
njsuperctappdiv · 1970 · cited in 1 New Jersey opinions naming this issue, 2006–2006
11
State Ex Rel. Humphrey v. Alpine Air Products, Inc.green
minn · 1993 · cited in 1 New Jersey opinions naming this issue, 2006–2006
11
United States of America, and Cross-Appellee v. Ekelman & Associates, Inc., and Ekelman & Associates, Inc., Cross-Appellantsgreen
ca6 · 1976 · cited in 1 New Jersey opinions naming this issue, 2006–2006
11
Herman & MacLean v. Huddlestongreen
scotus · 1983 · cited in 1 New Jersey opinions naming this issue, 2006–2006
11
United States v. Bryan K. Kalunagreen
ca9 · 1999 · cited in 1 New Jersey opinions naming this issue, 2000–2000
11
United States v. Dario Restrepogreen
ca9 · 1991 · cited in 1 New Jersey opinions naming this issue, 1999–1999
11
Parke v. Raleygreen
scotus · 1993 · cited in 1 New Jersey opinions naming this issue, 1996–1996
11
State v. Graygreen
nj · 1975 · cited in 1 New Jersey opinions naming this issue, 1990–1990
11
Bruton v. United Statesgreen
scotus · 1968 · cited in 1 New Jersey opinions naming this issue, 1990–1990
11
State v. Grossgreen
njsuperctappdiv · 1987 · cited in 1 New Jersey opinions naming this issue, 1990–1990
11
Lee v. Illinoisgreen
scotus · 1986 · cited in 1 New Jersey opinions naming this issue, 1990–1990
11
F. v. M.green
njsuperctappdiv · 1967 · cited in 1 New Jersey opinions naming this issue, 1989–1989
11
Cranberry Lake Quarry Co. v. Johnsongreen
nj · 1967 · cited in 1 New Jersey opinions naming this issue, 1989–1989
11
State v. Pandoligreen
njsuperctappdiv · 1970 · cited in 1 New Jersey opinions naming this issue, 1986–1986
11
Santosky v. Kramergreen
scotus · 1982 · cited in 1 New Jersey opinions naming this issue, 1982–1982
11
Vance v. Terrazasgreen
scotus · 1980 · cited in 1 New Jersey opinions naming this issue, 1982–1982
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (37)

CaseCitedYears
Crespo v. Crespo green
nj · 2010
2 sentences

2026Super. 25, 37 (App. Div. 2009), aff'd o.b., 201 N.J. 207 (2010) (concluding law enforcement's authority to seize firearms pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 and its use of the preponderance standard is constitutional); A-0738-24 16 State v. Cordoma, 372 N.J.

2025Super. 25, 37 (App. Div. 2009), aff'd o.b., 201 N.J. 207 (2010) (concluding law enforcement's authority to seize firearms pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 and the Act's use of the preponderance standard is constitutional) State v. Cordoma, 372 N.J.

22025–2026
Roe v. Roe green
njsuperctappdiv · 1992
2 sentences

2010VI, § 2,113, [was] utterly without merit[,]” id. at 34, 972 A.2d 1169 ; (2) that Roe v. Roe, 253 N.J.Super. 418 , 601 A.2d 1201 (App.Div.1992), required the rejection of “defendant’s arguments regarding the constitutional sufficiency of the preponderance standard in actions brought pursuant to the Act,” id. at 37, 601 A.2d 1201 ; (3) that “the preponderance standard, as applied in domestic violence matters, conforms with the requirements of due process[,]” ibid.; (4) that “defendant’s argument that by allowing the seizure of a defendant’s firearms upon a finding of domestic violence, the Act p

2010VI, § 2,113, [was] utterly without merit[,]” id. at 34, 972 A.2d 1169 ; (2) that Roe v. Roe, 253 N.J.Super. 418 , 601 A.2d 1201 (App.Div.1992), required the rejection of “defendant’s arguments regarding the constitutional sufficiency of the preponderance standard in actions brought pursuant to the Act,” id. at 37, 601 A.2d 1201 ; (3) that “the preponderance standard, as applied in domestic violence matters, conforms with the requirements of due process[,]” ibid.; (4) that “defendant’s argument that by allowing the seizure of a defendant’s firearms upon a finding of domestic violence, the Act p

22009–2010
In Re the Revocation of the License of Polk green
nj · 1982
2 sentences

2009Thus, although not referring to Mathews by name, it is nevertheless clear that Roe considered "the nature of the private interest affected," "the risk of error in the ultimate determination created" by the use of the preponderance standard, and "the countervailing governmental interest to be furthered." Polk, supra, 90 N.J. at 562 , 449 A. 2d 7 ; see also Mathews, supra, 424 U.S. at 335 , 96 S.Ct. at 903 , 47 L.Ed. 2d at 33 .

2009Thus, although not referring to Mathews by name, it is nevertheless clear that Roe considered "the nature of the private interest affected," "the risk of error in the ultimate determination created" by the use of the preponderance standard, and "the countervailing governmental interest to be furthered." Polk, supra, 90 N.J. at 562 , 449 A. 2d 7 ; see also Mathews, supra, 424 U.S. at 335 , 96 S.Ct. at 903 , 47 L.Ed. 2d at 33 .

22006–2009
In re International Longshoremen's Ass'n green
scotus · 1981
2 sentences

2006Huddleston, supra, 459 U.S. at 388-90 , 103 S.Ct. at 691 , 74 L.Ed.2d at 560 (§ 10(b) of Securities Act of 1934); Steadman v. SEC, 450 U.S. 91, 102 , 101 S.Ct. 999, 1008 , 67 L.Ed.2d 69, 79 , reh. denied, 451 U.S. 933, 101 S.Ct. 2008 , 68 L.

2006Huddleston, supra, 459 U.S. at 388-90 , 103 S.Ct. at 691 , 74 L.Ed.2d at 560 (§ 10(b) of Securities Act of 1934); Steadman v. SEC, 450 U.S. 91, 102 , 101 S.Ct. 999, 1008 , 67 L.Ed.2d 69, 79 , reh. denied, 451 U.S. 933, 101 S.Ct. 2008 , 68 L.

21982–2006
Steadman v. Securities & Exchange Commission green
scotus · 1981
2 sentences

2006Huddleston, supra, 459 U.S. at 388-90 , 103 S.Ct. at 691 , 74 L.Ed.2d at 560 (§ 10(b) of Securities Act of 1934); Steadman v. SEC, 450 U.S. 91, 102 , 101 S.Ct. 999, 1008 , 67 L.Ed.2d 69, 79 , reh. denied, 451 U.S. 933, 101 S.Ct. 2008 , 68 L.

2006Huddleston, supra, 459 U.S. at 388-90 , 103 S.Ct. at 691 , 74 L.Ed. 2d at 560 (§ 10(b) of Securities Act of 1934); Steadman v. SEC, 450 U.S. 91, 102 , 101 S.Ct. 999, 1008 , 67 L.Ed. 2d 69, 79 , reh. denied, 451 U.S. 933 , 101 S.Ct. 2008 , 68 L.

21982–2006
State v. Oliver green
nj · 2000
1 sentence

2026Rather, due process requires a higher standard of proof when the factor to be proved would have an extremely disproportionate effect on the sentence relative to the offense of conviction." Ibid.

12026–2026
Silver v. Silver green
njsuperctappdiv · 2006
1 sentence

2026Accordingly, the court entered an FRO against defendant on February 12, 2025. 2 387 N.J.

12026–2026
VINELAND CONSTRUCTION CO., INC. v. Township of Pennsauken green
njsuperctappdiv · 2007
1 sentence

2019This allocation of evidential burdens appropriately recognizes the legislative nature of the decision to acquire the parcel for a redevelopment project through eminent domain, and the general deference courts owe to such legislative A-4556-17T2 25 decisions, cf. Vineland Construction, 395 N.J.

12019–2019
New Jersey Division of Youth & Family Services v. F.M. green
nj · 2012
2 sentences

2013Div. of Youth & Family Servs. v. F.M., 211 N.J. 420, 447 , 48 A.3d 1075 (2012); N.J.S.A. 30:4C-15.1(a) — a higher threshold than the preponderance standard in abuse and neglect hearings.

2013Div. of Youth & Family Servs. v. F.M., 211 N.J. 420, 447 , 48 A.3d 1075 (2012); N.J.S.A. 30:4C-15.1(a) — a higher threshold than the preponderance standard in abuse and neglect hearings.

12013–2013
Abbott v. Burke green
nj · 2008
2 sentences

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

12011–2011
ABBOTT BY ABBOTT v. Burke green
nj · 1997
2 sentences

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

12011–2011
In Re Williams green
nj · 2001
2 sentences

2011Williams, supra, 169 N.J. at 271-72 , 777 A.2d 323 . *290 To satisfy the intermediate elear-and-convincing standard, the fact finder “must be persuaded that the truth of the contention is ‘highly probable.’ ” 2 McCormick on Evidence § 340, at 487 (Broun ed., 6th ed. 2006) (citation omitted).

2011Williams, supra, 169 N.J. at 271-72 , 777 A.2d 323 . *290 To satisfy the intermediate elear-and-convincing standard, the fact finder “must be persuaded that the truth of the contention is ‘highly probable.’ ” 2 McCormick on Evidence § 340, at 487 (Broun ed., 6th ed. 2006) (citation omitted).

12011–2011
Abbott Ex Rel. Abbott v. Burke green
nj · 2009
2 sentences

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

2011See Abbott II, supra, 119 N.J. at 377 [ 575 A. 2d 359 ] ("[W]hile we are unable to conclude from this record that the State is clearly wrong, we would not strip all notions of equal and adequate funding from the constitutional *1061 obligation unless we were convinced that the State was clearly right." (emphasis added)); id. at 386-87 [ 575 A. 2d 359 ] ("The record convinces us of a failure of a thorough and efficient education only in the poorer urban districts." (emphasis added)); Abbott IV, supra, 149 N.J. at 196 [ 693 A. 2d 417 ] (concluding parity remedy may be "obsolete" if State "convin

12011–2011
Crespo v. Crespo green
njsuperctappdiv · 2009
12010–2010
State v. Reyes green
nj · 2002
12009–2009
Gennari v. Weichert Co. Realtors green
njsuperctappdiv · 1996
12006–2006
State v. DeLuca green
nj · 1987
12001–2001
State v. Johnson green
nj · 2001
12001–2001
State v. Oliver green
njsuperctappdiv · 1996
12000–2000
McMillan v. Pennsylvania red
scotus · 1986
12000–2000
Jones v. United States green
scotus · 1999
11999–1999
Spaeth v. United States green
scotus · 1992
11999–1999
Reed v. Social Security Administration green
scotus · 1992
11999–1999
Remington Arms Co. v. Liberty Mutual Insurance green
ded · 1992
11998–1998
Stephenson v. RA Jones & Co., Inc. green
nj · 1986
11998–1998
Marano v. Sabbio green
njsuperctappdiv · 1953
11998–1998
Martin v. Ohio green
scotus · 1987
11997–1997
United States v. Ronald Dale McGatha green
ca11 · 1990
11996–1996
In Re Kallen green
nj · 1983
11990–1990
State v. Spruill green
nj · 1954
11990–1990
State v. Fahrer green
njsuperctappdiv · 1986
11990–1990
I. v. D. green
njsuperctappdiv · 1960
11989–1989
State v. Grant green
njsuperctappdiv · 1984
11988–1988
State v. Tropea green
nj · 1978
11986–1986
In Re ALU green
njsuperctappdiv · 1984
11984–1984
State v. Fields green
nj · 1978
11984–1984
Webb v. O'BRIEN green
scotus · 1923
11982–1982

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:25-17 (4) NJ § N.J. Stat. § 2C:25-19 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 409 (1972–2026) CA 122 (1921–2026) IA 99 (1980–2025) WA 95 (1971–2026) IL 88 (1939–2026) PA 62 (1975–2024) LA 49 (1977–2024) DC 42 (1970–2025) MD 41 (1964–2025) NJ 39 (1982–2026) OR 38 (1960–2024) NY 37 (1975–2026) CO 37 (1961–2026) AZ 22 (1981–2025) MA 21 (1978–2026) VT 21 (1983–2023) OH 20 (1984–2026) FL 20 (1962–2023) VA 17 (1975–2025) MI 16 (1974–2026) KY 16 (1992–2024) IN 16 (1975–2024) CT 15 (1978–2019) GA 14 (1949–2025) AK 14 (1981–2025) NV 13 (1987–2025) UT 13 (1991–2025) WI 12 (1981–2025) ME 11 (1984–2024) MN 10 (1985–2024) DE 10 (1982–2024) TN 10 (2000–2025) HI 10 (1981–2026) ND 8 (1981–2020) KS 8 (1977–2022) WV 7 (1982–2022) NH 7 (1977–2024) ID 7 (1996–2026) SD 7 (1987–2015) OK 6 (1980–2005) MO 6 (2000–2023) MS 6 (1988–2013) AR 5 (1974–2017) NC 5 (1982–2024) WY 5 (1987–2004) MT 4 (1979–2010) SC 3 (1996–2023) NM 2 (2000–2021) VI 2 (2013–2013) NE 2 (1948–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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