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13 New Jersey opinions name it 2 courts 1985–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
In Re the Suspension or Revocation of the License of DeMarcogreen2 sentences2000The test for vagueness "does not consist of a linguistic analysis conducted in a vacuum," but requires a reading of the statute in context with "the reality to which the provision applies." In re Suspension of De Marco, 83 N.J. 25, 37 , 414 A. 2d 1339 (1980). 2000The test for vagueness "does not consist of a linguistic analysis conducted in a vacuum," but requires a reading of the statute in context with "the reality to which the provision applies." In re Suspension of De Marco, 83 N.J. 25, 37 , 414 A. 2d 1339 (1980). | 5 | 10 |
State v. Saundersgreen2 sentences2021Notably, "[j]udicial review of a vagueness challenge is not 'a linguistic analysis conducted in a vacuum.'" Ibid. (quoting State v. Saunders, 302 N.J. 2014Ed. 322, 328 (1926)); see also Town Tobbacconist, supra, 94 N.J. at 118 . 24 A-6292-11T2 Judicial review of a vagueness challenge is not "'a linguistic analysis conducted in a vacuum.'" Saunders, supra, 302 N.J. | 2 | 4 |
Town Tobacconist v. Kimmelmangreen1 sentence2014Ed. 322, 328 (1926)); see also Town Tobbacconist, supra, 94 N.J. at 118 . 24 A-6292-11T2 Judicial review of a vagueness challenge is not "'a linguistic analysis conducted in a vacuum.'" Saunders, supra, 302 N.J. | 1 | 1 |
cluster 388776green1 sentence2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). | 1 | 1 |
State v. Lashinskygreen2 sentences1999Finally, unless the statutory framework suggests otherwise, "the words used in a statute carry their ordinary and well-understood meanings." Mortimer, supra, 135 N.J. at 532 , 641 A. 2d 257 (citation omitted); see also Lashinsky, supra, 81 N.J. at 18 , 404 A. 2d 1121 (adding common intelligence, coupled with "ordinary human experience," to the assessment of "vagueness"). 1999Finally, unless the statutory framework suggests otherwise, "the words used in a statute carry their ordinary and well-understood meanings." Mortimer, supra, 135 N.J. at 532 , 641 A. 2d 257 (citation omitted); see also Lashinsky, supra, 81 N.J. at 18 , 404 A. 2d 1121 (adding common intelligence, coupled with "ordinary human experience," to the assessment of "vagueness"). | 1 | 1 |
Boyce Motor Lines, Inc. v. United Statesgreen2 sentences1997Nor is it unfair to require that one who deliberately goes perilously close to an area of proscribed conduct shall take the risk that he may cross the line. [Boyce Motor Lines v. United States, 342 U.S. 337, 340 , 72 S.Ct. 329, 330-31 , 96 L.Ed. 367, 371 (1952) (footnote omitted).] Analysis of constitutional vagueness is not “a linguistic analysis conducted in a vacuum” but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied. 1997Nor is it unfair to require that one who deliberately goes perilously close to an area of proscribed conduct shall take the risk that he may cross the line. [Boyce Motor Lines v. United States, 342 U.S. 337, 340 , 72 S.Ct. 329, 330-31 , 96 L.Ed. 367, 371 (1952) (footnote omitted).] Analysis of constitutional vagueness is not “a linguistic analysis conducted in a vacuum” but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of New Jersey v. Daniel A. Borjas
green
1 sentence2021Notably, "[j]udicial review of a vagueness challenge is not 'a linguistic analysis conducted in a vacuum.'" Ibid. (quoting State v. Saunders, 302 N.J. | 1 | 2021–2021 |
Matter of If
green
1 sentence2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). | 1 | 2009–2009 |
In Re the Loans of the New Jersey Property Liability Insurance Guaranty Ass'n
green
2 sentences2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). 2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). | 1 | 2009–2009 |
Exxon Corp. v. Georgia Ass'n of Petroleum Retailers
green
2 sentences2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). 2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). | 1 | 2009–2009 |
Demps v. Florida
green
1 sentence2009Ass'n, 124 N.J. 69, 78 , 590 A. 2d 210 (1991) (quoting Exxon Corp. v. Busbee, 644 F.2d 1030, 1033 (5th Cir.)), cert. denied, 454 U.S. 932 , 102 S.Ct. 430 , 70 L.Ed. 2d 239 (1981). "[V]agueness is not a linguistic analysis conducted in a vacuum but requires consideration of the questioned provision itself, related provisions, and the reality in which the provision is to be applied." State v. Saunders, 302 N.J.Super. 509, 521 , 695 A. 2d 722 (App.Div.), certif. denied, 151 N.J. 470 , 700 A. 2d 881 (1997) (internal quotation omitted). | 1 | 2009–2009 |
State v. Maguire
green
2 sentences2004It includes not simply the language of the provision itself, but related provisions as well, and especially the reality to which the provision is to be applied. [ Id. at 37 , 414 A .2d 1339 (emphasis added).] The next year, again writing for the Court, Chief Justice Wilentz observed, that "the Code itself has its own principles of construction which do not mention any rule of `strict construction' but rather, provide that where `the language [of the Code] is susceptible of differing constructions it shall be interpreted to further the general purposes' stated in section 2C:1-2 and the special 2004It includes not simply the language of the provision itself, but related provisions as well, and especially the reality to which the provision is to be applied. [ Id. at 37 , 414 A .2d 1339 (emphasis added).] The next year, again writing for the Court, Chief Justice Wilentz observed, that "the Code itself has its own principles of construction which do not mention any rule of `strict construction' but rather, provide that where `the language [of the Code] is susceptible of differing constructions it shall be interpreted to further the general purposes' stated in section 2C:1-2 and the special | 1 | 2004–2004 |
State v. Mortimer
green
2 sentences1999Finally, unless the statutory framework suggests otherwise, "the words used in a statute carry their ordinary and well-understood meanings." Mortimer, supra, 135 N.J. at 532 , 641 A. 2d 257 (citation omitted); see also Lashinsky, supra, 81 N.J. at 18 , 404 A. 2d 1121 (adding common intelligence, coupled with "ordinary human experience," to the assessment of "vagueness"). 1999Finally, unless the statutory framework suggests otherwise, "the words used in a statute carry their ordinary and well-understood meanings." Mortimer, supra, 135 N.J. at 532 , 641 A. 2d 257 (citation omitted); see also Lashinsky, supra, 81 N.J. at 18 , 404 A. 2d 1121 (adding common intelligence, coupled with "ordinary human experience," to the assessment of "vagueness"). | 1 | 1999–1999 |
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.