foundational principle (New Jersey) · Go Syfert
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foundational principle in New Jersey

18 New Jersey opinions name it 2 courts 1987–2026 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 (15)

CaseFollowedCited
Whren v. United Statesgreen
scotus · 1996 · cited in 2 New Jersey opinions naming this issue, 2018–2020
2 sentences

2020Whren v. United States, 517 U.S. 806, 809-10 (1996); State v. Baum, 199 N.J. 407, 423 (2009).

2018Whren v. United States, 517 U.S. 806, 809-10 (1996); State v. Baum, 199 N.J. 407, 423 (2009).

22
State v. Baumgreen
nj · 2009 · cited in 2 New Jersey opinions naming this issue, 2018–2020
2 sentences

2020Whren v. United States, 517 U.S. 806, 809-10 (1996); State v. Baum, 199 N.J. 407, 423 (2009).

2018Whren v. United States, 517 U.S. 806, 809-10 (1996); State v. Baum, 199 N.J. 407, 423 (2009).

22
State v. Rosegreen
nj · 1988 · cited in 2 New Jersey opinions naming this issue, 2004–2024
2 sentences

2024The foundational principle in that framework is that a prosecutor must have 'reasonable grounds' for posing questions during cross- examination that impugn a witness's credibility." Id. at 99 (quoting State v. Rose, 112 N.J. 454, 504 (1988)).

2004Id. at 504 , 548 A.2d 1058 (internal quotation marks omitted).

12
State v. Handygreen
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2023–2023
1 sentence

2023See State v. Handy, 206 N.J. 39, 44-45 (2011).

11
Kanaszka v. Kunengreen
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022As we explained in Kanaszka v. Kunen, "[w]ith protection of the victim the primary objective, the [trial] court must carefully scrutinize the record and carefully consider the totality of the circumstances before removing the protective shield." 313 N.J.

11
State v. Yarboughred
nj · 1985 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021In State v. Yarbough, the Supreme Court embraced the foundational principle that "there can be no free crimes in a system for which the punishment shall fit the crime." 100 N.J. 627, 643 (1985).

11
State v. Molinagreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021The Court listed relevant considerations in determining whether to impose consecutive sentences, including: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; 22 A-2131-18 (c) the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior; (d) any of the crimes involved multiple victims; (e) the convictions for which the sentences are to be imposed are numerous[.] [Id. at 644.] In

11
Deborah Townsend v. Noah Pierre (072357)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Townsend v. Pierre, 221 N.J. 36, 53 (2015).

11
GMAC Mortgage, LLC v. Tamilynn Willoughby (076006) (Monmouth and Statewidegreen
nj · 2017 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020We believe this approach is consonant with the foundational principle that a contract cannot be written by the court "for the parties better than or different from the one they wrote for themselves." GMAC Mortg., LLC, v. Willoughby, 230 N.J. 172, 186 (2017) (quoting Kieffer v. Best Buy, 205 N.J. 213, 223 (2009)).

11
Kieffer v. Best Buygreen
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020We believe this approach is consonant with the foundational principle that a contract cannot be written by the court "for the parties better than or different from the one they wrote for themselves." GMAC Mortg., LLC, v. Willoughby, 230 N.J. 172, 186 (2017) (quoting Kieffer v. Best Buy, 205 N.J. 213, 223 (2009)).

2020Rather, when examining a contract, the task of the reviewing court is to "enforce the contract according to its terms, giving those terms 'their plain and ordinary meaning.'" Ibid. (quoting Kieffer, 205 N.J. at 223 ).

11
United States v. United States District Court for the Eastern District of Michigangreen
scotus · 1972 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Court, 407 U.S. 297, 313 (1972)).

11
Payton v. New Yorkgreen
scotus · 1980 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020It is a foundational principle of search and seizure law that "the 'physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.'" Payton v. New York, 445 U.S. 573, 585 (1980) (quoting United States v. U.S. Dist.

11
State v. Millergreen
njsuperctappdiv · 1960 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018See, e.g. , Miller , 64 N.J.

11
Almendarez-Torres v. United Statesred
scotus · 1998 · cited in 1 New Jersey opinions naming this issue, 2001–2001
2 sentences

2001The Supreme Court of the United States “has made clear beyond peradventure that Winship's due process and associated jury protections extend, to some degree, ‘to determinations that [go] not to a defendant’s guilt or innocence, but simply to the length of his sentence,’ ” id. at -, 120 S.Ct. at 2359 , 147 L.Ed.2d at 451 (quoting AlmendarezTorres v. United States, 523 U.S. 224, 251 , 118 S.Ct. 1219, 1234 , 140 L.Ed.2d 350, 373 (1998) (Scalia, J., dissenting)).

2001The Supreme Court of the United States “has made clear beyond peradventure that Winship's due process and associated jury protections extend, to some degree, ‘to determinations that [go] not to a defendant’s guilt or innocence, but simply to the length of his sentence,’ ” id. at -, 120 S.Ct. at 2359 , 147 L.Ed.2d at 451 (quoting AlmendarezTorres v. United States, 523 U.S. 224, 251 , 118 S.Ct. 1219, 1234 , 140 L.Ed.2d 350, 373 (1998) (Scalia, J., dissenting)).

11
Apprendi v. New Jerseygreen
scotus · 2000 · cited in 1 New Jersey opinions naming this issue, 2001–2001
2 sentences

2001While this foundational requirement universally is regarded as one of “surpassing importance,” Apprendi, supra, 530 U.S. at-, 120 S.Ct. at 2355 , 147 L.Ed.2d at 447 (2000), its specific application in the context of modern, highly-structured sentencing statutes raises difficult issues for reviewing courts.

2001While this foundational requirement universally is regarded as one of “surpassing importance,” Apprendi, supra, 530 U.S. at-, 120 S.Ct. at 2355 , 147 L.Ed.2d at 447 (2000), its specific application in the context of modern, highly-structured sentencing statutes raises difficult issues for reviewing courts.

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 (6)

CaseCitedYears
State v. Johnson green
nj · 1964
2 sentences

2020This foundational principle recognizes that "findings of the trial judge . . . are substantially influenced by his opportunity to hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot enjoy." Johnson, 42 N.J. at 162 .

1994State v. Johnson, supra, 42 N.J. at 171 , 199 A.2d 809 .

31990–2020
G.M. v. C.V. green
njsuperctappdiv · 2018
1 sentence

2026If the facts as found by the trial court warrant an FRO applying the burden of persuasion, standard of proof, and other governing legal principles, an FRO should be issued consistent with the foundational principle that the PDVA is intended "to assure the victims of domestic violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18; G.M., 453 N.J.

12026–2026
State v. Daniels green
nj · 2004
1 sentence

2024The foundational principle in that framework is that a prosecutor must have 'reasonable grounds' for posing questions during cross- examination that impugn a witness's credibility." Id. at 99 (quoting State v. Rose, 112 N.J. 454, 504 (1988)).

12024–2024
State v. Carey green
nj · 2001
1 sentence

2021The Court listed relevant considerations in determining whether to impose consecutive sentences, including: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; 22 A-2131-18 (c) the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior; (d) any of the crimes involved multiple victims; (e) the convictions for which the sentences are to be imposed are numerous[.] [Id. at 644.] In

12021–2021
Wilson v. Faull green
nj · 1958
2 sentences

2011Wilson v. Faull, 27 N.J. 105, 116 , 141 A. 2d 768 (1958).

2011Wilson v. Faull, 27 N.J. 105, 116 , 141 A. 2d 768 (1958).

12011–2011
Blessing v. United States green
paed · 1978
2 sentences

1987In Blessing v. United States, 447 F. Supp. 1160 (E.D.Pa. 1978), Judge Becker stated: "The foundational requirement of the Good Samaritan Rule is that in order for liability to impose upon the actor, he must specifically have undertaken to perform the task that he is charged with having performed negligently, for without the actual assumption of the undertaking there can be no correlative legal duty to perform that undertaking carefully...." (Emphasis supplied).

1987Id. at 1188-1189 .

11987–1987

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-4 (4) NJ § N.J. Stat. § 2C:39-5 (4) NJ § N.J. Stat. § 2C:43-7.2 (4) NJ § N.J. Stat. § 2C:44-1 (4) NJ § N.J. Stat. § 2C:11-3 (3) NJ § N.J. Stat. § 2C:15-1 (3) NJ § N.J. Stat. § 39:4-50 (3)

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

CA 112 (1959–2026) IL 77 (1983–2026) NM 38 (1983–2024) ND 32 (1974–2019) MO 29 (1989–2025) IN 28 (1982–2023) MI 21 (1983–2025) NY 21 (1986–2025) MA 20 (1986–2025) TX 20 (2006–2026) IA 19 (1978–2025) NC 19 (1968–2026) WI 18 (2004–2026) NJ 18 (1987–2026) PA 18 (2008–2025) OH 17 (1985–2025) OR 17 (2001–2025) ID 15 (1986–2024) MN 15 (2003–2026) WA 15 (1991–2025) NE 14 (1966–2025) CO 13 (1990–2025) UT 12 (1978–2026) HI 12 (1978–2021) AZ 11 (1984–2026) FL 10 (2003–2025) GA 9 (1994–2023) DC 9 (1996–2023) MT 8 (1986–2025) OK 7 (1987–2020) MD 7 (1987–2025) DE 7 (2010–2025) ME 6 (1978–2020) KS 6 (1982–2024) KY 6 (2014–2025) VA 6 (1999–2026) TN 5 (2005–2019) CT 5 (1999–2017) RI 5 (2005–2022) WY 3 (1982–2014) MS 3 (2014–2023) SC 3 (1991–2020) WV 3 (1999–2025) AK 3 (1989–2019) AR 2 (2005–2017) AL 2 (1999–2023) VT 2 (1996–2018)

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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