prerequisite claim (New Jersey) · Go Syfert
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prerequisite claim in New Jersey

14 New Jersey opinions name it 2 courts 1968–2025 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 (3)

CaseFollowedCited
In Re Calefgreen
njsuperctappdiv · 1931 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024In re Calef's Will, 109 N.J.

11
The Opera Company of Boston, Inc. v. The Wolf Trap Foundation for the Performing Artsgreen
ca4 · 1987 · cited in 1 New Jersey opinions naming this issue, 2007–2007
1 sentence

2007See Opera Co. of Boston, supra, 817 F. 2d at 1100-01 .

11
State v. Melvingreen
nj · 1974 · cited in 1 New Jersey opinions naming this issue, 1976–1976
1 sentence

1976In State v. Melvin, 65 N.J. 1, 11 (1974), the court, in writing about a defendant's waiver of his rights guaranteed by Miranda , stated, "The defendant may waive these rights provided the waiver is made voluntarily, knowingly and intelligently." Nunez asserts that he did not understand that he had that right.

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
Miranda v. Arizona green
scotus · 1966
2 sentences

1976He argues that the case is similar to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed. 2d 694 (1966), which held that evidence of admission by a defendant, obtained while defendant was in police custody, resulting from an interrogation by a police officer without the prerequisite warning and waiver of rights, could not be introduced into evidence.

1976He argues that the case is similar to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed. 2d 694 (1966), which held that evidence of admission by a defendant, obtained while defendant was in police custody, resulting from an interrogation by a police officer without the prerequisite warning and waiver of rights, could not be introduced into evidence.

21968–1976
O'CONNELL v. State green
nj · 2002
1 sentence

2025Further, only "[i]f . . . the statutory text is ambiguous, [can courts] resort to 'extrinsic interpretative aids, including legislative history,' to determine the statute's meaning." Ibid. (quoting S.B., 230 N.J. at 68 .).

12025–2025
State v. S.B. green
nj · 2017
1 sentence

2025Further, only "[i]f . . . the statutory text is ambiguous, [can courts] resort to 'extrinsic interpretative aids, including legislative history,' to determine the statute's meaning." Ibid. (quoting S.B., 230 N.J. at 68 .).

12025–2025
C.A. v. Eric Bentolila, M.D. (071702) green
nj · 2014
2 sentences

2018In the regulations that became effective in 2008, the statutory standard was expanded upon in two significant respects: first, to require that the documents, materials and information at issue be "exclusively" prepared in the setting of a qualifying self-critical analysis process, and second, to mandate that the self-critical analysis be conducted in accordance with one of three accompanying regulations as a prerequisite for the privilege to attach, N.J.A.C. 8:43E-10.4, - 10.5 and - 10.6. [ 219 N.J. at 468 , 99 A.3d 317 (citations omitted).] Although not presented in the facts of C.A. , we dis

2018In the regulations that became effective in 2008, the statutory standard was expanded upon in two significant respects: first, to require that the documents, materials and information at issue be "exclusively" prepared in the setting of a qualifying self-critical analysis process, and second, to mandate that the self-critical analysis be conducted in accordance with one of three accompanying regulations as a prerequisite for the privilege to attach, N.J.A.C. 8:43E-10.4, - 10.5 and - 10.6. [ 219 N.J. at 468 , 99 A.3d 317 (citations omitted).] Although not presented in the facts of C.A. , we dis

12018–2018
State v. Crisafi green
nj · 1992
2 sentences

2017Ibid, (stating "[i]f a parent wishes to proceed pro se, the court should conduct an abbreviated yet meaningful colloquy to ensure the parent understands the nature of the proceeding as well as the problems” of self-representation (citing State v. Crisafi, 128 N.J. 499, 511-12 , 608 A.2d 317 (1992))).

2017Ibid, (stating "[i]f a parent wishes to proceed pro se, the court should conduct an abbreviated yet meaningful colloquy to ensure the parent understands the nature of the proceeding as well as the problems” of self-representation (citing State v. Crisafi, 128 N.J. 499, 511-12 , 608 A.2d 317 (1992))).

12017–2017
Pacifico v. Pacifico green
nj · 2007
1 sentence

2011Ibid.

12011–2011
Jamgochian v. State Parole Bd. green
njsuperctappdiv · 2007
2 sentences

2008Id. at 556 , 928 A.2d 1 (quotation marks omitted).

2008Id. at 556 , 928 A.2d 1 (quotation marks omitted).

12008–2008
Taylor v. Metzger green
nj · 1998
2 sentences

2004Although the plaintiff in Taylor, supra, adduced evidence that she consulted a psychiatrist, and that the psychiatrist diagnosed her with post-traumatic stress /disorder, the Court did not hold that such expert evidence was a prerequisite to a claim for intentional infliction of emotional distress based on discrimination as a matter of law. 152 N.J. at 514-15 , 706 A.2d 685 .

2004Although the plaintiff in Taylor, supra, adduced evidence that she consulted a psychiatrist, and that the psychiatrist diagnosed her with post-traumatic stress /disorder, the Court did not hold that such expert evidence was a prerequisite to a claim for intentional infliction of emotional distress based on discrimination as a matter of law. 152 N.J. at 514-15 , 706 A.2d 685 .

12004–2004
Mead v. Baum neutral
nj · 1908
1 sentence

1986Cited in support of this tradition is Mead v. Baum, 76 N.J.L. 337 (Sup.Ct. 1908).

11986–1986
Childers v. Shannon green
njsuperctappdiv · 1982
1 sentence

1986The court in Childers noted that the existence of a "marriage at the time of injury has traditionally been a prerequisite of a claim for loss of consortium." Id. at 593 .

11986–1986
Bulloch v. United States green
njd · 1980
1 sentence

1982Plaintiffs argue that the requirements of the claim have changed and point to federal decisions in which a cohabitant was allowed to maintain a claim for loss of consortium, Bulloch v. United States, 487 F. Supp. 1078 (D.C.N.J. 1980), and in which a husband actually recovered damages for loss of consortium resulting from premarital injuries to his wife, Sutherland v. Auch Inter-Borough Transit Company, 366 F. Supp. 127 (D.C.Pa. 1973).

11982–1982
Sutherland v. Auch Inter-Borough Transit Company green
paed · 1973
1 sentence

1982Plaintiffs argue that the requirements of the claim have changed and point to federal decisions in which a cohabitant was allowed to maintain a claim for loss of consortium, Bulloch v. United States, 487 F. Supp. 1078 (D.C.N.J. 1980), and in which a husband actually recovered damages for loss of consortium resulting from premarital injuries to his wife, Sutherland v. Auch Inter-Borough Transit Company, 366 F. Supp. 127 (D.C.Pa. 1973).

11982–1982
Bederson v. Township of Ocean green
njsuperctappdiv · 1975
1 sentence

1976Bederson v. Ocean Tp., 134 N.J.

11976–1976
French v. Pearce green
conn · 1831
1 sentence

1968The leading case holding the mistake to be of no importance was French v. Pearce, [ 8 Conn. 439 (1831)] decided in Connecticut in 1831.

11968–1968

Where else courts name it

TX 113 (1939–2026) CA 49 (1922–2026) WI 40 (1969–2026) NY 20 (1931–2021) PA 18 (1963–2023) IL 17 (1949–2025) NJ 14 (1968–2025) GA 14 (1930–2023) IA 13 (1962–2020) OR 13 (1951–2018) CO 12 (1963–2019) FL 11 (1978–2019) NC 11 (1942–2018) MA 10 (1984–2018) OH 10 (1980–2024) MO 9 (1928–2018) MD 9 (1959–2017) MS 9 (1988–2016) KS 8 (1891–2013) CT 8 (1991–2017) IN 7 (1900–2005) AZ 6 (1980–2021) OK 6 (1939–2004) MI 6 (1919–2022) MN 6 (1973–2012) HI 6 (1979–2013) DC 6 (1990–2003) WA 5 (1905–2020) AL 5 (1979–2002) VA 4 (1953–2024) VT 4 (1986–2013) TN 4 (1946–2016) WY 4 (1990–2006) LA 4 (1946–2015) NM 3 (1987–1994) NE 3 (1987–2016) SC 3 (1996–2026) AR 3 (1936–1988) VI 2 (2001–2016) MT 2 (1993–2014) NH 2 (1973–1984)

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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