definite standard (New Jersey) · Go Syfert
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definite standard in New Jersey

12 New Jersey opinions name it 4 courts 1941–2024 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 (6)

CaseFollowedCited
Maw v. Advanced Clinical Communications, Inc.green
nj · 2004 · cited in 2 New Jersey opinions naming this issue, 2014–2021
2 sentences

2021The Court held the "'clear mandate' of public policy need not be enacted in a constitution, statute or rule, but must nonetheless provide a definite standard by which the employer's conduct may be gauged." Id. at 33 . "'"[A] clear mandate" of public policy suggests an analog to a constitutional provision, statute, and rule or regulation promulgated pursuant to law such that, under [N.J.S.A. 34:19-3(c)(3)], there should be a high degree of public certitude in A-0131-20 22 respect of acceptable vers[u]s unacceptable conduct.'" Id. at 34 (quoting Maw v. Advanced Clinical Communs., Inc., 179 N.J.

2014A “clear mandate” of public policy suggests an analog to a constitutional provision, statute, and rule or regulation promulgated pursuant to law such that, under [N.J.S.A. 34:19-3(c)(3)], there should be a high degree of public certitude in respect of acceptable vers[u]s unacceptable conduct. [Maw, supra, 179 N.J. at 444 .] As the Court noted in Mehlman, supra, the mandate of public policy must be “‘clearly identified and firmly grounded’” and cannot be “‘vague, controversial, unsettled [or] otherwise problematic.’” 153 N.J. at 181 (quoting MacDougall v. Weichert, 144 N.J. 380, 391-92 (1996)).

22
MacDougall v. Weichertgreen
nj · 1996 · cited in 2 New Jersey opinions naming this issue, 2014–2019
2 sentences

2019"A vague, controversial, unsettled, and otherwise problematic public policy does not constitute a clear mandate." MacDougall v. Weichert, 144 N.J. 380, 392 (1996).

2014A “clear mandate” of public policy suggests an analog to a constitutional provision, statute, and rule or regulation promulgated pursuant to law such that, under [N.J.S.A. 34:19-3(c)(3)], there should be a high degree of public certitude in respect of acceptable vers[u]s unacceptable conduct. [Maw, supra, 179 N.J. at 444 .] As the Court noted in Mehlman, supra, the mandate of public policy must be “‘clearly identified and firmly grounded’” and cannot be “‘vague, controversial, unsettled [or] otherwise problematic.’” 153 N.J. at 181 (quoting MacDougall v. Weichert, 144 N.J. 380, 391-92 (1996)).

22
James Hitesman v. Bridgeway, Inc. (072466)green
nj · 2014 · cited in 3 New Jersey opinions naming this issue, 2019–2024
2 sentences

2024This mandate "need not be enacted in a constitution, statute[,] or rule, but must nonetheless provide a definite standard by which the employer's conduct may be gauged . . . " Hitesman v. Bridgeway, Inc., 218 N.J. 8, 33 (2014). "[T]he mandate of public policy must be clearly identified and firmly grounded and cannot be vague, controversial, unsettled [or] otherwise problematic." Id. at 34 (alteration in original) (internal quotation marks omitted).

2024This mandate "need not be enacted in a constitution, statute[,] or rule, but must nonetheless provide a definite standard by which the employer's conduct may be gauged . . . " Hitesman v. Bridgeway, Inc., 218 N.J. 8, 33 (2014). "[T]he mandate of public policy must be clearly identified and firmly grounded and cannot be vague, controversial, unsettled [or] otherwise problematic." Id. at 34 (alteration in original) (internal quotation marks omitted).

13
Abbamont v. Piscataway Tp.green
njsuperctappdiv · 1993 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Id. at 33 ; cf. Abbamont, 269 N.J.

11
Massarano v. New Jersey Transitgreen
njsuperctappdiv · 2008 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Transit, 400 N.J.

11
Chester Borough v. World Challenge, Inc.green
njtaxct · 1994 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Since the court agrees with Association that the plain language of N.J.S.A. 54:4-3.6 does not contain a definite requirement for incorporation under Title 16, and the fact that Association is incorporated under Title 15 (now Title 15A) alone is not determinative of whether or not a parsonage exemption is available to plaintiff, it is unnecessary to address the constitutionality argument. 6 See Chester Borough, 14 N.J.

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 (7)

CaseCitedYears
Matter of Benoit green
me · 1985
2 sentences

2014In rejecting a case-by-case approach, the Maine Court explained that this approach fails to assure the public that “judges are being held to a defined and definable level of conduct,” does not serve to strengthen the internal integrity of the disciplinary process because it lacks a definite standard by which to judge misconduct, and “fails to indicate to judges the particular level of scrutiny that will be applied to their behavior, should it ever be challenged.” Id. at 1163 .

2014In rejecting a case-by-case approach, the Maine Court explained that this approach fails to assure the public that “judges are being held to a defined and definable level of conduct,” does not serve to strengthen the internal integrity of the disciplinary process because it lacks a definite standard by which to judge misconduct, and “fails to indicate to judges the particular level of scrutiny that will be applied to their 27 behavior, should it ever be challenged.” Id. at 1163 .

22014–2014
Mehlman v. Mobil Oil Corp. green
nj · 1998
2 sentences

2014A “clear mandate” of public policy suggests an analog to a constitutional provision, statute, and rule or regulation promulgated pursuant to law such that, under [N.J.S.A. 34:19-3(c)(3)], there should be a high degree of public certitude in respect of acceptable vers[u]s unacceptable conduct. [Maw, supra, 179 N.J. at 444 .] As the Court noted in Mehlman, supra, the mandate of public policy must be “‘clearly identified and firmly grounded’” and cannot be “‘vague, controversial, unsettled [or] otherwise problematic.’” 153 N.J. at 181 (quoting MacDougall v. Weichert, 144 N.J. 380, 391-92 (1996)).

2014A “clear mandate” of public policy suggests an analog to a constitutional provision, statute, and rule or regulation promulgated pursuant to law such that, under [N.J.S.A. 34:19-3(c)(3)], there should be a high degree of public certitude in respect of acceptable vers[u]s unacceptable conduct. [Maw, supra, 179 N.J. at 444 .] As the Court noted in Mehlman, supra, the mandate of public policy must be “‘clearly identified and firmly grounded’” and cannot be “‘vague, controversial, unsettled [or] otherwise problematic.’” 153 N.J. at 181 (quoting MacDougall v. Weichert, 144 N.J. 380, 391-92 (1996)).

12014–2014
Sawran v. Lennon green
nj · 1955
1 sentence

1968Super. 315 ( App. Div. 1965), Sawran v. Lennon, 19 N.J. 606 (1955). *193 Guilty knowledge or mens rea is a definite requirement of any common law crime.

11968–1968
State v. Picciotti green
nj · 1953
1 sentence

1955See R.R. 1:5-1, State v. Picciotti, 12 N.J. 205 (1953); State v. Kaufman, 31 N.J.

11955–1955
State v. Kaufman green
njsuperctappdiv · 1954
1 sentence

1955See R.R. 1:5-1, State v. Picciotti, 12 N.J. 205 (1953); State v. Kaufman, 31 N.J.

11955–1955
Bayside Fish Flour Co. v. Gentry green
scotus · 1936
1 sentence

1954It is not possible to lay down an “infallible or all-inclusive” test by which it may be determined whether “a given difference between the subjects of legislation is enough to justify the subjection of one and not the other to a particular form of disadvantage”; the nearest approach to a definite rule is that “while the difference need not be great, the classification must not be arbitrary or capricious, but must bear some just and reasonable relation to the object of the legislation”; a particular classification is not invalidated by the Fourteenth Amendment “merely because inequality actuall

11954–1954
Newark Twenty-One, C., Assn. v. Zukerberg neutral
njch · 1934
1 sentence

1941Sommer v. Workingmen's Building and Loan Association, supra. "* * * Suffice to observe that, in our opinion, the order falls squarely within the scope or ambit of the legislation upon which it is bottomed.

11941–1941

Statutes the citing opinions construe

NJ § N.J. Stat. § 34:19-1 (5) NJ § N.J. Stat. § 34:19-3 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 128 (1930–2026) MA 62 (1950–2026) FL 50 (1943–2024) CA 31 (1907–2024) TX 29 (1916–2023) NY 25 (1881–2011) PA 20 (1900–2022) MO 19 (1903–1992) MN 18 (1895–2018) NJ 12 (1941–2024) MD 12 (1906–2004) IL 11 (1922–1994) GA 11 (1904–2014) MI 11 (1890–2022) CT 10 (1923–2000) IA 10 (1917–2021) LA 10 (1925–1982) IN 9 (1898–2003) WI 9 (1899–2021) AL 8 (1891–2007) AR 8 (1907–2009) AZ 8 (1938–2022) CO 8 (1914–2020) VA 7 (1928–2023) VT 7 (1899–2026) MT 6 (1909–1992) SD 6 (1894–2018) DE 6 (1953–2024) OK 6 (1930–1961) WA 5 (1937–2017) KY 5 (1911–1983) MS 5 (1930–2015) NE 5 (1933–2001) NM 4 (1938–1980) OR 4 (1943–1984) WY 4 (1908–1997) ID 4 (1924–2008) WV 3 (1918–1966) TN 3 (1940–1947) HI 2 (1934–1988) SC 2 (1964–2019) NV 2 (1949–2014) AK 2 (1972–2006) NC 2 (1907–1914) KS 2 (1897–1957)

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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