III analysis in New Jersey

2018These fundamental tenets of jury trial management were succinctly explained by Justice LaVecchia on behalf of a unanimous Supreme Court in Davis v. Husain , 220 N.J. 270 , 106 A.3d 438 (2014) : Generally stated, avoiding the aura of irregularity that arises from ex parte judge-juror interactions has always been a goal in and of itself.

2018These fundamental tenets of jury trial management were succinctly explained by Justice LaVecchia on behalf of a unanimous Supreme Court in Davis v. Husain , 220 N.J. 270 , 106 A.3d 438 (2014) : Generally stated, avoiding the aura of irregularity that arises from ex parte judge-juror interactions has always been a goal in and of itself.

2008The [FFA's] ultimate goal is to allow mortgage lenders their remedies while giving borrowers `every opportunity' to pay their mortgages and keep their homes." Wells Fargo Home Mortgage, Inc. v. Stull, 378 N.J.Super. 449, 456 , 876 A. 2d 298 (App.Div.2005) (quoting N.J.S.A. 2A:50-54) (footnotes omitted).

2008The [FFA's] ultimate goal is to allow mortgage lenders their remedies while giving borrowers `every opportunity' to pay their mortgages and keep their homes." Wells Fargo Home Mortgage, Inc. v. Stull, 378 N.J.Super. 449, 456 , 876 A. 2d 298 (App.Div.2005) (quoting N.J.S.A. 2A:50-54) (footnotes omitted).

2006Under R. 4:50-1, the court may provide relief from a final judgment under certain specified circumstances, including subparts (d) "the judgment or order is void" and (f) "any other reason justifying relief from the operation of the judgment or order." An application to vacate a judgment under R. 4:50-1 falls within "the sound discretion of the trial court" and when exercising that discretion the court should be "guided by equitable principles." Housing Authority of Town of Morristown v. Little, 135 N.J. 274, 283 , 639 A. 2d 286 (1994).

2006Under R. 4:50-1, the court may provide relief from a final judgment under certain specified circumstances, including subparts (d) "the judgment or order is void" and (f) "any other reason justifying relief from the operation of the judgment or order." An application to vacate a judgment under R. 4:50-1 falls within "the sound discretion of the trial court" and when exercising that discretion the court should be "guided by equitable principles." Housing Authority of Town of Morristown v. Little, 135 N.J. 274, 283 , 639 A. 2d 286 (1994).

2003Id. at 423 , 390 A. 2d 1161 .

2003III Our analysis will be guided by our Supreme Court's clear direction in Crews v. Crews, 164 N.J. 11, 26-27 , 751 A. 2d 524 (2000): The setting of the marital standard of living is equally important in an uncontested divorce.

2003III Our analysis will be guided by our Supreme Court's clear direction in Crews v. Crews, 164 N.J. 11, 26-27 , 751 A. 2d 524 (2000): The setting of the marital standard of living is equally important in an uncontested divorce.

2003Id. at 423 , 390 A. 2d 1161 .

1999On the merits of the claim, the court ruled that the evidence should be excluded for the following reasons: the passage of time made the evidence's relevance suspect; the incidents in the past are not similar enough to the present incident because the past incidents involved friends and the present incident involves a stranger; and, admitting the evidence would distract the jury by "delving into the circumstances of those cases and trying to assess what [T.O.'s] mental capacity may have been at the time." III The defendant was charged and convicted of sexual assault under N.J.S.A. 2C:14-2c(1)

1999On the merits of the claim, the court ruled that the evidence should be excluded for the following reasons: the passage of time made the evidence's relevance suspect; the incidents in the past are not similar enough to the present incident because the past incidents involved friends and the present incident involves a stranger; and, admitting the evidence would distract the jury by "delving into the circumstances of those cases and trying to assess what [T.O.'s] mental capacity may have been at the time." III The defendant was charged and convicted of sexual assault under N.J.S.A. 2C:14-2c(1)

1995The test for proving ineffective assistance of counsel is articulated in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed. 2d 674, 693 (1984), as adopted in State v. Fritz, 105 N.J. 42, 52 , 519 A. 2d 336 (1987): First, the defendant must show that counsel's performance was deficient.

1995The test for proving ineffective assistance of counsel is articulated in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed. 2d 674, 693 (1984), as adopted in State v. Fritz, 105 N.J. 42, 52 , 519 A. 2d 336 (1987): First, the defendant must show that counsel's performance was deficient.

1991Professor Wright’s analysis echoes the earlier analysis in Dupasseur v. Rochereau, 88 U.S. (21 Wall.) 130 , 22 L.Ed. 588 (1875), in which the United States Supreme Court held that a state court’s failure to honor a federal court judgment constituted a federal question triggering the jurisdiction of the Supreme Court.

1991Professor Wright’s analysis echoes the earlier analysis in Dupasseur v. Rochereau, 88 U.S. (21 Wall.) 130 , 22 L.Ed. 588 (1875), in which the United States Supreme Court held that a state court’s failure to honor a federal court judgment constituted a federal question triggering the jurisdiction of the Supreme Court.

1974In Bexiga v. Havir Manufacturing Corp., 60 N.J. 402 (1972) and Finnegan v. Havir Manufacturing Corp., 60 N.J. 413 (1972) the opinion of the experts that the design of a power punch was unreasonably dangerous constituted direct evidence that the defect existed while in the control of the manufacturer.

1974In Bexiga v. Havir Manufacturing Corp., 60 N.J. 402 (1972) and Finnegan v. Havir Manufacturing Corp., 60 N.J. 413 (1972) the opinion of the experts that the design of a power punch was unreasonably dangerous constituted direct evidence that the defect existed while in the control of the manufacturer.