power rule (New Jersey) · Go Syfert
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power rule in New Jersey

16 New Jersey opinions name it 2 courts 1936–2021 2 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 (9)

CaseFollowedCited
Suchit v. Baxtgreen
njsuperctappdiv · 1980 · cited in 5 New Jersey opinions naming this issue, 2003–2019
2 sentences

2006If it is but one step in the ladder to final determination and can effectively aid a court function, it is procedural in nature and within the Supreme Court’s power of rule promulgation. [ Suchit, supra, 176 N.J.Super. at 427 , 423 A.2d 670 .] A statute may, of course, have both procedural and substantive implications.

2006If it is but one step in the ladder to final determination and can effectively aid a court function, it is procedural in nature and within the Supreme Court’s power of rule promulgation. [ Suchit, supra, 176 N.J.Super. at 427 , 423 A.2d 670 .] A statute may, of course, have both procedural and substantive implications.

25
New Jersey State Bar Ass'n v. Stategreen
njsuperctappdiv · 2006 · cited in 2 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019If it is but one step in the ladder to final determination and can effectively aid a court function, it is procedural ... and within the Supreme Court's power of rule promulgation." New Jersey State Bar Ass'n v. State , 387 N.J.

2019If it is but one step in the ladder to final determination and can effectively aid a court function, it is procedural . . . and within the Supreme Court's power of rule promulgation." New Jersey State Bar Ass'n v. State, 387 N.J.

12
Chesapeake Appalachia, LLC v. Scout Petroleum, LLCgreen
ca3 · 2016 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Those rules state that "[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement." American Arbitration Association (AAA), Employment Dispute Resolution Rule 6(a) (Nov. 1, 2009); see Oracle Am., Inc. v. Myriad Group A.G., 724 F.3d 1069, 1074 (9th Cir. 2013) (noting that "[v]irtually every [federal] circuit [court of appeals] to have considered the issue has determined that incorporation of the [AAA] arbitration rules [in an arbitration agreement] constitutes clear and unm

11
Oracle America, Inc. v. Myriad Group A.G.green
ca9 · 2013 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Those rules state that "[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement." American Arbitration Association (AAA), Employment Dispute Resolution Rule 6(a) (Nov. 1, 2009); see Oracle Am., Inc. v. Myriad Group A.G., 724 F.3d 1069, 1074 (9th Cir. 2013) (noting that "[v]irtually every [federal] circuit [court of appeals] to have considered the issue has determined that incorporation of the [AAA] arbitration rules [in an arbitration agreement] constitutes clear and unm

11
Southland Corp. v. Keatinggreen
scotus · 1984 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Our Supreme Court has stated that "[t]he FAA constitutes the supreme law of the land regarding arbitration." Goffe, 238 N.J. at 207 (citing Southland Corp. v. Keating, 465 U.S. 1, 10 (1984)).

11
Ferreira v. Rancocas Orthopedic Associatesgreen
nj · 2003 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006Ferreira, supra, 178 N.J. at 162, 836 A.2d 779 .

2006Ferreira, supra, 178 N.J. at 162, 836 A.2d 779 .

11
Eggers v. Kennygreen
nj · 1954 · cited in 1 New Jersey opinions naming this issue, 1983–1983
1 sentence

1983“As elsewhere, we in New Jersey have recognized the need and validity of investigations designed to facilitate the proper exercise of the legislative function.” Eggers v. Kenny, 15 N.J. 107, 117 (1954).

11
McGrain v. Daughertygreen
scotus · 1927 · cited in 1 New Jersey opinions naming this issue, 1983–1983
2 sentences

1983Writing for the majority in McGrain , Justice Van Devanter observed: We are of opinion that the power of inquiry — with process to enforce it — is an essential and appropriate auxiliary of the legislative function. [Id. at 174, 47 S.Ct. at 328 , 71 L.Ed. at 593 (emphasis added).] Thus, legislative investigations, whether by standing or special committees, are “an established part of representative government.” Tenney v. Brandhove, 341 U.S. 367, 377 , 71 S.Ct. 783, 789 , 95 L.Ed. 1019, 1027 , reh’g den., 342 U.S. 843 , 72 S.Ct. 20 , 96 *531 L.Ed. 637 (1951).

1983Writing for the majority in McGrain , Justice Van Devanter observed: We are of opinion that the power of inquiry — with process to enforce it — is an essential and appropriate auxiliary of the legislative function. [Id. at 174, 47 S.Ct. at 328 , 71 L.Ed. at 593 (emphasis added).] Thus, legislative investigations, whether by standing or special committees, are “an established part of representative government.” Tenney v. Brandhove, 341 U.S. 367, 377 , 71 S.Ct. 783, 789 , 95 L.Ed. 1019, 1027 , reh’g den., 342 U.S. 843 , 72 S.Ct. 20 , 96 *531 L.Ed. 637 (1951).

11
Walsh v. City Council of Trentongreen
nj · 1936 · cited in 1 New Jersey opinions naming this issue, 1954–1954
1 sentence

1954We are quite clear that the code of discipline of the city of Newark does not cover offenses antedating the commencement of the term of service of the officer. * * * * * * * * There being no evidence going to prove that the prosecutor has been guilty, as a policeman, of the violation of any criminal law, there is no justification for the action of the police commissioners in dismissing him from the force * * *." *565 Finally, in Walsh v. City Council of City of Trenton, 117 N.J.L. 64, 71 ( Sup. Ct. 1936) the court stated: "In arriving at the meaning and scope of the statute under consideration

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 (8)

CaseCitedYears
Maria C. Manata v. Francisco A. Pereira green
njsuperctappdiv · 2014
2 sentences

2021Even if Pan had offered a records custodian and met the other prerequisites for admitting that statement as a business record under N.J.R.E. 803(c)(6), a "court retains the power to bar a business record if 'the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy.'" Manata, 436 N.J.

2021Regarding C.H.'s timesheet, it is well established that a trial court "retains the power to bar a business record if 'the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy.'" Id. at 346 (citing N.J.R.E. 803(c)(6)).

22021–2021
Moore v. Youth Correctional Institute green
nj · 1990
2 sentences

2001Moore v. Youth Correctional Institute at Annandale, 119 N.J. 256, 267 , 574 A. 2d 983 (1990) quoting Governor Kean, Letter to the General Assembly (January 11, 1988).

2001Moore v. Youth Correctional Institute at Annandale, 119 N.J. 256, 267 , 574 A. 2d 983 (1990) quoting Governor Kean, Letter to the General Assembly (January 11, 1988).

21998–2001
Janell Goffe v. Foulke Management Corp Sasha Robinson and Tijuana Johnson v. Mall Chevrolet (081258) (Camden County and Statewide) green
nj · 2019
1 sentence

2019Our Supreme Court has stated that "[t]he FAA constitutes the supreme law of the land regarding arbitration." Goffe, 238 N.J. at 207 (citing Southland Corp. v. Keating, 465 U.S. 1, 10 (1984)).

12019–2019
Dalton v. Barone green
njsuperctappdiv · 1998
2 sentences

2014"If the police officer who wrote the report is unavailable, any other police official who could state that the report was a record made in the regular course of the officer's duties and was made at or near the time of the event may establish the report's admissibility." Id. at 378 . 20 A-0506-12T4 However, the court retains the power to bar a business record if "the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy." N.J.R.E. 803(c)(6); Dalton, supra, 310 N.J.

2014"If the police officer who wrote the report is unavailable, any other police official who could state that the report was a record made in the regular course of the officer's duties and was made at or near the time of the event may establish the report's admissibility." Id. at 378 . 20 A-0506-12T4 However, the court retains the power to bar a business record if "the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy." N.J.R.E. 803(c)(6); Dalton, supra, 310 N.J.

12014–2014
People v. Navarro green
cal · 1972
2 sentences

1990In People v. Navarro, 7 Cal. 3d 248 , 102 Cal. Rptr. 137 , 497 P. 2d 481 (1972), the defendant was convicted both of selling heroin and of assault with a deadly weapon.

1990In People v. Navarro, 7 Cal. 3d 248 , 102 Cal. Rptr. 137 , 497 P. 2d 481 (1972), the defendant was convicted both of selling heroin and of assault with a deadly weapon.

11990–1990
Tenney v. Brandhove green
scotus · 1951
2 sentences

1983Writing for the majority in McGrain , Justice Van Devanter observed: We are of opinion that the power of inquiry — with process to enforce it — is an essential and appropriate auxiliary of the legislative function. [Id. at 174, 47 S.Ct. at 328 , 71 L.Ed. at 593 (emphasis added).] Thus, legislative investigations, whether by standing or special committees, are “an established part of representative government.” Tenney v. Brandhove, 341 U.S. 367, 377 , 71 S.Ct. 783, 789 , 95 L.Ed. 1019, 1027 , reh’g den., 342 U.S. 843 , 72 S.Ct. 20 , 96 *531 L.Ed. 637 (1951).

1983Writing for the majority in McGrain , Justice Van Devanter observed: We are of opinion that the power of inquiry — with process to enforce it — is an essential and appropriate auxiliary of the legislative function. [Id. at 174, 47 S.Ct. at 328 , 71 L.Ed. at 593 (emphasis added).] Thus, legislative investigations, whether by standing or special committees, are “an established part of representative government.” Tenney v. Brandhove, 341 U.S. 367, 377 , 71 S.Ct. 783, 789 , 95 L.Ed. 1019, 1027 , reh’g den., 342 U.S. 843 , 72 S.Ct. 20 , 96 *531 L.Ed. 637 (1951).

11983–1983
Bor. of Collingswood v. Ringgold green
nj · 1975
1 sentence

1977Collingswood v. Ringgold, 66 N.J. 350 , 358 (1975); Shell Oil Co. v. Hanover Tp.

11977–1977
Graham v. Jewell green
kyctapp · 1924
1 sentence

1936In arriving at the meaning and scope of the statute under consideration, we hold, from the language of the section itself, that it was the legislative intent to limit the power of inquiry and expulsion to offenses committed while the offender is in the office in which the misdeeds were done (Graham v. Jewell, supra) because, as we view it, each term of office is a separate and distinct entity, and, applying the statute (section 20, supra) to the facts before us, we conclude that the resolution dismissing Walsh from the office of councilman of Trenton must be set aside.

11936–1936

Where else courts name it

CA 97 (1874–2026) NY 83 (1887–2024) TX 61 (1914–2025) FL 35 (1918–2026) PA 29 (1851–2026) IL 22 (1903–2025) MA 22 (1851–2025) IN 18 (1873–2020) LA 17 (1995–2025) WA 17 (1950–2023) NJ 16 (1936–2021) AL 16 (1902–2026) CT 16 (1941–2023) MO 16 (1895–2022) WI 14 (1964–2018) OR 14 (1901–2021) GA 12 (1937–2025) NC 11 (1904–2021) MI 10 (2008–2023) KS 9 (1912–2022) IA 7 (1922–2023) WY 6 (1892–2014) MD 6 (1928–2000) KY 6 (1916–2024) MN 6 (1926–1982) AR 6 (1909–2016) AZ 6 (1973–2023) ID 5 (1921–1991) DE 5 (2014–2018) VA 5 (1905–2024) CO 5 (1998–2026) AK 5 (1983–1999) ME 4 (1917–2012) TN 4 (1950–2015) UT 4 (1936–2024) HI 4 (1984–2024) OH 3 (1907–1994) MS 3 (1984–2001) OK 3 (1915–2003) WV 3 (1909–2015) RI 3 (1970–1995) NE 3 (1904–1988) ND 2 (2016–2017) DC 2 (1984–2012) SC 2 (1959–2005)

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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