course analysis in New Jersey

2025Therefore, not only may one sufficiently egregious action constitute domestic violence under the Act, even with no history of abuse between the parties, but a court may also determine that an ambiguous incident qualifies as prohibited conduct, based on a finding of violence in the parties' past. [Id. at 402.] Moreover, when the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue an FRO "is most A-1290-24 11 often perfunctory and self-evident." Silver, 387 N.J.

2021Secondly, the court must determine "whether a restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25 - 29[(a)](1) to -29[(a)](6), to protect the victim from an immediate danger or to prevent further abuse." Silver, 387 N.J.

2019Whether the predicate offense involved a violent act." Id. at 416 (citing Silver, 387 N.J.

2019Whether the predicate offense involved a violent act." Id. at 416 (citing Silver, 387 N.J.

1960Cf. Elizabeth v. Board of Public Utility Com'rs., 99 N.J.L. 496 , 497 ( E. & A. 1924); In re Port Murray Dairy Co., 6 N.J.

1954Cf. Elizabeth v. Board of Public Utility Com'rs., 99 N.J.L. 496 , 497 ( E. & A. 1924); In re Port Murray Dairy Co., 6 N.J.

2022While a respondent may always argue other grounds, so long as they were asserted in the trial court, on which the judge did not rely in seeking the upholding of the order or judgment under review – because appeals are from orders, not opinions, see Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001) – a respondent must file a defensive cross-appeal to pursue an appellate remedy other than affirmance, see Smith-Bozarth v. Coalition Against Rape & Abuse, Inc., 329 N.J.

2021We decline to do so here. [Id. at 54.] In the course of its analysis, the Court in Skuse also approvingly quoted our opinion in Caspi, in which we upheld a duly negotiated forum selection clause because there "was nothing about the style or mode of presentation, or A-4654-18 17 the placement of the provision, that can be taken as a basis for concluding that the forum selection clause was proffered unfairly, or with a design to conceal or de-emphasize its provisions." 244 N.J. at 55, (quoting Caspi, 323 N.J.

2018Ibid. (citing Nelson v. Hall, 154 Cal. App. 8 A-1829-16T4 3d 709 (1985)).

2011Smith, supra, 411 N.J.Super. at 570 , 988 A. 2d 114 .

2011Smith, supra, 411 N.J.Super. at 570 , 988 A. 2d 114 .

2002At trial, portions of the perpetrator's confession exculpating the defendant from the crime were excluded from evidence, while the balance of the confession, which directly incriminated the declarant, was admitted." In the course of its analysis, the Court distinguished the case under review from "statements that exculpate the declarant from liability by shifting blame to another—such statements are inherently self-serving and presumptively unreliable," id. at 239 , 729 A. 2d 31 (citing Bowser, supra, 297 N.J.Super. at 597-98 , 688 A. 2d 1060 ), as well as "from statements of the declarant tha

2002At trial, portions of the perpetrator's confession exculpating the defendant from the crime were excluded from evidence, while the balance of the confession, which directly incriminated the declarant, was admitted." In the course of its analysis, the Court distinguished the case under review from "statements that exculpate the declarant from liability by shifting blame to another—such statements are inherently self-serving and presumptively unreliable," id. at 239 , 729 A. 2d 31 (citing Bowser, supra, 297 N.J.Super. at 597-98 , 688 A. 2d 1060 ), as well as "from statements of the declarant tha

2002At trial, portions of the perpetrator's confession exculpating the defendant from the crime were excluded from evidence, while the balance of the confession, which directly incriminated the declarant, was admitted." In the course of its analysis, the Court distinguished the case under review from "statements that exculpate the declarant from liability by shifting blame to another—such statements are inherently self-serving and presumptively unreliable," id. at 239 , 729 A. 2d 31 (citing Bowser, supra, 297 N.J.Super. at 597-98 , 688 A. 2d 1060 ), as well as "from statements of the declarant tha

2002At trial, portions of the perpetrator's confession exculpating the defendant from the crime were excluded from evidence, while the balance of the confession, which directly incriminated the declarant, was admitted." In the course of its analysis, the Court distinguished the case under review from "statements that exculpate the declarant from liability by shifting blame to another—such statements are inherently self-serving and presumptively unreliable," id. at 239 , 729 A. 2d 31 (citing Bowser, supra, 297 N.J.Super. at 597-98 , 688 A. 2d 1060 ), as well as "from statements of the declarant tha

1991Nevertheless, we have attempted to consider and weigh "any adverse effect that the [nondisclosure] might have had on the preparation or presentation of the defendants' case." United States v. Bagley, 473 U.S. at 683 , 105 S.Ct. at 3384 , 87 L.Ed. 2d at 494 .

1991Nevertheless, we have attempted to consider and weigh "any adverse effect that the [nondisclosure] might have had on the preparation or presentation of the defendants' case." United States v. Bagley, 473 U.S. at 683 , 105 S.Ct. at 3384 , 87 L.Ed. 2d at 494 .

1991Once the defense presented this evidence, "the judge was constrained to consider [it] in determining the sufficiency of plaintiff's case." Castro v. Helmsley Spear, Inc., 150 N.J.

1987Kessler v. Bowker, supra, 174 N.J.Super. at 486 ; accord Kramer v. Board of Adjustment, Sea Girt, supra, 45 N.J. at 285 . -III- In the present case, the Board discussed the effect of Davis’s offer to purchase the property and, in the course of the hearing, consulted its attorney, who advised that the offer was a factor that should guide, but not predetermine, the exercise of the Board’s discretion.

1974The problem is not that a person has committed two similar crimes, but rather that he has failed to restructure his life-style after having formally been punished. [at 78] In the course of its analysis in the Johnson case the court adverted to State v. Deckert, supra , but distinguished its apparently opposite result — without disagreeing with the same — based on the statutory interpretation set forth therein.

1974State v. Guiendon, supra , involved a chronologically similar factual situation to the present one, albeit the charge was drunken driving in violation of N.J.S.A. 39:4-50(a).

1971State v. Burnett, 42 N.J. 377 (1964); McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1966); N.J.S.A. 2A:84A-28.

1971State v. Burnett, 42 N.J. 377 (1964); McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1966); N.J.S.A. 2A:84A-28.

1971State v. Burnett, 42 N.J. 377 (1964); McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1966); N.J.S.A. 2A:84A-28.

1960Misc. 918 , 154 A. 10 ( Cir. Ct. 1931), the question was whether a wanton act would support a charge for punitive damages.

1960To be sure, the nature of willful and wanton misconduct was considered in King v. Patrylow in the course of an inquiry as to whether a master would be liable for his servant's willful torts; in Rose v. Campbell and Krauth v. Geller it was analyzed in terms of the duty owed a licensee and fireman, respectively; and in Eatley v. Mayer, 9 N.J.

1954See Abbotts Dairies v. Armstrong, supra ; In re Plainfield-Union Water Co., 11 N.J. 382 (1953), Id. 14 N.J. 296 (1954). *427 In the course of the hearing the board must be given full latitude to avail itself of the wealth of general information and expert knowledge which it obtains in the performance of its day-to-day administrative activities.

1954See Abbotts Dairies v. Armstrong, supra ; In re Plainfield-Union Water Co., 11 N.J. 382 (1953), Id. 14 N.J. 296 (1954). *427 In the course of the hearing the board must be given full latitude to avail itself of the wealth of general information and expert knowledge which it obtains in the performance of its day-to-day administrative activities.

1954See Abbotts Dairies v. Armstrong, supra ; In re Plainfield-Union Water Co., 11 N.J. 382 (1953), Id. 14 N.J. 296 (1954). *427 In the course of the hearing the board must be given full latitude to avail itself of the wealth of general information and expert knowledge which it obtains in the performance of its day-to-day administrative activities.