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

14 New Jersey opinions name it 2 courts 1891–2019 0 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 (5)

CaseFollowedCited
Coleman v. Newark Morning Ledger Co.green
nj · 1959 · cited in 1 New Jersey opinions naming this issue, 1998–1998
2 sentences

1998See, e.g., Coleman v. Newark Morning Ledger Co., 29 N.J. 357, 376-77 , 149 A. 2d 193 (1959); Molnar, supra, 193 N.J.Super. at 20 , 471 A. 2d 1209 .

1998See, e.g., Coleman v. Newark Morning Ledger Co., 29 N.J. 357, 376-77 , 149 A. 2d 193 (1959); Molnar, supra, 193 N.J.Super. at 20 , 471 A. 2d 1209 .

11
State v. Norflettgreen
nj · 1975 · cited in 1 New Jersey opinions naming this issue, 1990–1990
2 sentences

1990See, e.g., State v. Norflett, 67 N.J. 268, 286 , 337 A.2d 609 (1975).

1990See, e.g., State v. Norflett, 67 N.J. 268, 286 , 337 A.2d 609 (1975).

11
COLUMBIA BROADCAST. SYST., INC. v. Melody Recordings, Inc.green
njsuperctappdiv · 1975 · cited in 1 New Jersey opinions naming this issue, 1976–1976
1 sentence

1976Cf. Columbia Broadcasting Syst. v. Melody Recordings, 134 N.J.

11
Baker v. Carrgreen
scotus · 1962 · cited in 1 New Jersey opinions naming this issue, 1964–1964
2 sentences

1964In that connection the majority opinion said ( 369 U.S., at p. 226 , 82 S.Ct., at p. 715 , 7 L.Ed. 2 d, at p. 691): "* * * Judicial standards under the Equal Protection Clause are well developed and familiar, and it has been open to courts since the enactment of the Fourteenth Amendment to determine, if on the particular facts they must, that a discrimination reflects no policy, but simply arbitrary and capricious action." In the matter now before us, plaintiffs sought an adjudication that the provisions of our State Constitution fixing the composition of the State Legislature run afoul of the

1964In that connection the majority opinion said ( 369 U.S., at p. 226 , 82 S.Ct., at p. 715 , 7 L.Ed. 2 d, at p. 691): "* * * Judicial standards under the Equal Protection Clause are well developed and familiar, and it has been open to courts since the enactment of the Fourteenth Amendment to determine, if on the particular facts they must, that a discrimination reflects no policy, but simply arbitrary and capricious action." In the matter now before us, plaintiffs sought an adjudication that the provisions of our State Constitution fixing the composition of the State Legislature run afoul of the

11
Atkinson v. Parsekiangreen
nj · 1962 · cited in 1 New Jersey opinions naming this issue, 1962–1962
1 sentence

1962But our function on review is ordinarily to determine whether the administrative finding is supported by substantial evidence "on the whole record." Atkinson v. Parsekian, 37 N.J. 143, 149 (1962); and see the discussion of this standard of review in the opinion of Mr. Justice Francis, dissenting in Ricciardi v. Marcalus Mfg.

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 (14)

CaseCitedYears
State v. Jenewicz green
nj · 2008
1 sentence

2019The Court began with a discussion of the principle that in a self-defense case, evidence of the victim's violent character . . . demonstrates the victim's propensity for violence, which tends to support an inference that the victim was the initial aggressor[.] [W]here the accused has knowledge of the victim's prior violent acts, it tends to show the reasonableness of the accused's belief that the use of self-defense . . . was necessary. [Id. at 457.] N.J.R.E. 405 prohibits specific instances of conduct from being presented "unless a trait of character is an essential element to a claim or defe

12019–2019
State v. Morrison green
nj · 2006
2 sentences

2009"A trial court... should not disturb an indictment if there is some evidence establishing each element of the crime to make out a prima facie case." State v. Morrison, supra, 188 N.J. at 12 , 902 A. 2d 860 .

2009"A trial court... should not disturb an indictment if there is some evidence establishing each element of the crime to make out a prima facie case." State v. Morrison, supra, 188 N.J. at 12 , 902 A. 2d 860 .

12009–2009
State v. Valentin green
nj · 1987
2 sentences

2004Where more than one reasonable interpretation may be made, or where the language is ambiguous — and the ambiguity is not manufactured by the defendant — the construction must be drawn against the state. [ Id. at 18 , 519 A .2d 322 (citations omitted).] Our understanding of that statement is enhanced by an earlier discussion of the principle of strict construction of penal laws in In re Suspension of De Marco, 83 N.J. 25 , 414 A. 2d 1339 (1980).

2004Where more than one reasonable interpretation may be made, or where the language is ambiguous — and the ambiguity is not manufactured by the defendant — the construction must be drawn against the state. [ Id. at 18 , 519 A .2d 322 (citations omitted).] Our understanding of that statement is enhanced by an earlier discussion of the principle of strict construction of penal laws in In re Suspension of De Marco, 83 N.J. 25 , 414 A. 2d 1339 (1980).

12004–2004
In Re the Suspension or Revocation of the License of DeMarco green
nj · 1980
2 sentences

2004Where more than one reasonable interpretation may be made, or where the language is ambiguous — and the ambiguity is not manufactured by the defendant — the construction must be drawn against the state. [ Id. at 18 , 519 A .2d 322 (citations omitted).] Our understanding of that statement is enhanced by an earlier discussion of the principle of strict construction of penal laws in In re Suspension of De Marco, 83 N.J. 25 , 414 A. 2d 1339 (1980).

2004Where more than one reasonable interpretation may be made, or where the language is ambiguous — and the ambiguity is not manufactured by the defendant — the construction must be drawn against the state. [ Id. at 18 , 519 A .2d 322 (citations omitted).] Our understanding of that statement is enhanced by an earlier discussion of the principle of strict construction of penal laws in In re Suspension of De Marco, 83 N.J. 25 , 414 A. 2d 1339 (1980).

12004–2004
Leeds v. Camden & Atlantic Railroad neutral
nj · 1890
1 sentence

1999Bahr v. Lombard, Ayres & Co., 53 N.J.L. 233 , 240-41, 21 A. 190 (E. & A. 1890) (Beasley, C.J., dissenting).

11999–1999
Bahr v. Lombard, Ayres & Co. neutral
nj · 1890
1 sentence

1999Bahr v. Lombard, Ayres & Co., 53 N.J.L. 233 , 240-41, 21 A. 190 (E. & A. 1890) (Beasley, C.J., dissenting).

11999–1999
Molnar v. Star-Ledger green
njsuperctappdiv · 1984
2 sentences

1998See, e.g., Coleman v. Newark Morning Ledger Co., 29 N.J. 357, 376-77 , 149 A. 2d 193 (1959); Molnar, supra, 193 N.J.Super. at 20 , 471 A. 2d 1209 .

1998See, e.g., Coleman v. Newark Morning Ledger Co., 29 N.J. 357, 376-77 , 149 A. 2d 193 (1959); Molnar, supra, 193 N.J.Super. at 20 , 471 A. 2d 1209 .

11998–1998
Gardner v. Rosecliff Realty Co. green
njsuperctappdiv · 1956
1 sentence

1990Super. 1, 9 , 124 A. 2d 30 (App.Div. 1956). [4] The limitation provision as amended reads, "No person may sue under this section more than two years after the contract of sale, or within two years of the time when the person aggrieved knew or should have known of the existence of his cause of action, whichever is later." [5] In a discussion of the factors which affected the allowance of pre-judgment interest, the trial judge said: ... as I've indicated, while the jury was free to reach the result they did, this Court as an independent finder of fact, would have found the $283,000 figure, becau

11990–1990
Matter of Adoption of Indian Child green
njsuperctappdiv · 1987
1 sentence

1988The comments of the Appellate Division were in the context of a discussion of the factors to be considered in a court’s exercise of discretion to vacate a judgment of adoption. 219 N.J.Super. at 43 .

11988–1988
Hoyt v. Horne green
· 1892
2 sentences

1964As stated in Hoyt v. Horne, 145 U.S. 302, 309 , 12 S.Ct. 922, 924 , 36 L.Ed. 713 (1892): "Defendant's [device] may be in [one] particular an improvement upon the other; but [defendant] has nonetheless succeeded in appropriating all that was of value in the [plaintiff's] device." In other words, if defendant has improved one element of Eisbein's invention, it is nevertheless still Eisbein's invention.

1964As stated in Hoyt v. Horne, 145 U.S. 302, 309 , 12 S.Ct. 922, 924 , 36 L.Ed. 713 (1892): "Defendant's [device] may be in [one] particular an improvement upon the other; but [defendant] has nonetheless succeeded in appropriating all that was of value in the [plaintiff's] device." In other words, if defendant has improved one element of Eisbein's invention, it is nevertheless still Eisbein's invention.

11964–1964
Ricciardi v. Marcalus Manufacturing Co. green
nj · 1958
1 sentence

1962Co., 26 N.J. 445, 454 , at pp. 455, 460-461 (1958).

11962–1962
Gimbel Bros., Inc. v. Barrett neutral
nj · 1932
1 sentence

1950Saks & Co. v. Barrett, 109 N.J.L. 42 ( E. & A. 1932); Gimbel Bros., Inc., v. Barrett, 109 N.J.L. 63 ( E. & A 1932). *44 With this general background of the existing state of the law, we proceed to examine the statement of the evidence in the present case.

11950–1950
Saks & Co. v. Barrett green
nj · 1932
1 sentence

1950Saks & Co. v. Barrett, 109 N.J.L. 42 ( E. & A. 1932); Gimbel Bros., Inc., v. Barrett, 109 N.J.L. 63 ( E. & A 1932). *44 With this general background of the existing state of the law, we proceed to examine the statement of the evidence in the present case.

11950–1950
Richards v. Levin neutral
· 1852
1 sentence

1891In Richards et al. v. Levin, 16 Mo. 596 , the decision is staled to be, that where a debtor in insolvent- circumstances assigns all his property for the benefit of certain preferred creditors, directing the surplus, if any, to be paid to the grantor, this does not make the deed fraudulent, where it is ■admitted that the whole property is insufficient to pay even the preferred debts.

11891–1891

Where else courts name it

CA 226 (1907–2026) LA 168 (1941–2025) TX 156 (1905–2021) PA 112 (1911–2026) NY 81 (1891–2026) TN 77 (1904–2026) IL 59 (1872–2024) CT 55 (1857–2021) MA 55 (1874–2024) MO 47 (1905–2020) FL 43 (1914–2019) AL 40 (1894–2024) MD 38 (1939–2025) WV 36 (1935–2020) IN 36 (1867–2019) WI 32 (1891–2025) KS 28 (1904–2024) GA 27 (1895–2018) MI 26 (1889–2022) WA 23 (1910–2024) OK 21 (1908–2009) NC 21 (1895–2022) OH 21 (1906–2026) MT 21 (1919–2022) KY 20 (1917–2022) DE 20 (1972–2025) RI 19 (1968–2022) ME 16 (1947–2024) SC 16 (1929–2022) AZ 16 (1916–2020) OR 15 (1922–2025) MS 15 (1956–2020) NE 15 (1884–2021) VA 14 (1927–2015) AR 14 (1941–2026) NJ 14 (1891–2019) WY 14 (1948–1999) NM 12 (1950–2025) AK 11 (1964–2001) UT 10 (1958–2021) IA 9 (1962–2025) DC 9 (1956–2016) MN 8 (1900–2006) CO 8 (1952–2008) NV 7 (1991–2009) VT 7 (1967–2026) NH 5 (1986–2021) ID 5 (1968–2012) HI 4 (1982–2017) ND 4 (1950–1991) SD 3 (1979–2010) VI 2 (1988–2010)

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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