third part test (New Jersey) · Go Syfert
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third part test in New Jersey

9 New Jersey opinions name it 2 courts 1991–2025 4 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
State v. Farthinggreen
njsuperctappdiv · 2000 · cited in 2 New Jersey opinions naming this issue, 2022–2022
2 sentences

2022There may be a combination of different types of proof.'" Ibid. (quoting Phelps, 96 N.J. at 511 ). "[T]he prosecution has the burden of satisfying the third part of the test by a fair preponderance of the evidence." State v. Farthing, 331 N.J.

2022There may be a combination of different types of proof.'" Ibid. (quoting Phelps, 96 N.J. at 511 ). "[T]he prosecution has the burden of satisfying the third part of the test by a fair preponderance of the evidence." State v. Farthing, 331 N.J.

22
State v. Madisongreen
nj · 1988 · cited in 2 New Jersey opinions naming this issue, 2024–2025
2 sentences

2025Madison, 109 N.J. at 239 ; Henderson, 208 N.J. at 291 .

2024The third part of the test is taken from New Jersey's previous test articulated in State v. Madison, and the court considers the relevant system and estimator variables when determining whether a defendant has met their burden. 109 N.J. 223, 239 (1988); Henderson, 208 N.J. at 291 .

12
New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp.green
nj · 1994 · cited in 2 New Jersey opinions naming this issue, 1999–2000
2 sentences

2000In a country where free speech found its home in the downtown business district, these centers can no more avoid speech than a playground avoid children, a library its readers, or a park its strollers. [Id. at 360-61, 650 A.2d 757 (emphasis added).] In applying the third part of this test, the Court added: These centers have full power to minimize whatever slight discordance might otherwise exist; full power to adopt rules and regulations concerning the time, place, and manner of such leafleting, regulations that will assure beyond question that the leafleting does not interfere with the shopp

2000In a country where free speech found its home in the downtown business district, these centers can no more avoid speech than a playground avoid children, a library its readers, or a park its strollers. [Id. at 360-61, 650 A.2d 757 (emphasis added).] In applying the third part of this test, the Court added: These centers have full power to minimize whatever slight discordance might otherwise exist; full power to adopt rules and regulations concerning the time, place, and manner of such leafleting, regulations that will assure beyond question that the leafleting does not interfere with the shopp

12

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 (5)

CaseCitedYears
State v. Phelps green
nj · 1984
2 sentences

2022There may be a combination of different types of proof.'" Ibid. (quoting Phelps, 96 N.J. at 511 ). "[T]he prosecution has the burden of satisfying the third part of the test by a fair preponderance of the evidence." State v. Farthing, 331 N.J.

2022There may be a combination of different types of proof.'" Ibid. (quoting Phelps, 96 N.J. at 511 ). "[T]he prosecution has the burden of satisfying the third part of the test by a fair preponderance of the evidence." State v. Farthing, 331 N.J.

32000–2022
State v. Henderson green
nj · 2011
2 sentences

2025Madison, 109 N.J. at 239 ; Henderson, 208 N.J. at 291 .

2024The third part of the test is taken from New Jersey's previous test articulated in State v. Madison, and the court considers the relevant system and estimator variables when determining whether a defendant has met their burden. 109 N.J. 223, 239 (1988); Henderson, 208 N.J. at 291 .

22024–2025
Gable v. Board of Trustees green
nj · 1989
2 sentences

2007Therefore, the Board concluded, the "traumatic event" test of the statute had not been satisfied. *563 The Supreme Court, itself, has referred to the "traumatic event" standard as an "elusive concept[.]" Gable v. Board of Trustees, Public Employees' Retirement System, 115 N.J. 212, 215 , 557 A. 2d 1012 (1989).

2007Therefore, the Board concluded, the "traumatic event" test of the statute had not been satisfied. *563 The Supreme Court, itself, has referred to the "traumatic event" standard as an "elusive concept[.]" Gable v. Board of Trustees, Public Employees' Retirement System, 115 N.J. 212, 215 , 557 A. 2d 1012 (1989).

12007–2007
State v. Clausell green
nj · 1990
2 sentences

2000State v. Clausell, 121 N.J. at 337 , 580 A. 2d 221 ; State v. Phelps, 96 N.J. at 510 , 476 A. 2d 1199 .

2000State v. Clausell, 121 N.J. at 337 , 580 A. 2d 221 ; State v. Phelps, 96 N.J. at 510 , 476 A. 2d 1199 .

12000–2000
Dome Realty, Inc. v. City of Paterson green
nj · 1980
2 sentences

1991This final issue is thus whether any delegation of power to municipalities has been preempted by other State statutes dealing with the same subject matter. [ 83 N.J. at 225-226 , 416 A. 2d 334 ] With these guiding principles in mind, the court can proceed to analyze the case before it.

1991This final issue is thus whether any delegation of power to municipalities has been preempted by other State statutes dealing with the same subject matter. [ 83 N.J. at 225-226 , 416 A. 2d 334 ] With these guiding principles in mind, the court can proceed to analyze the case before it.

11991–1991

Where else courts name it

IL 22 (1990–2017) GA 12 (1995–2025) OR 10 (1982–2015) IN 9 (1920–2017) NJ 9 (1991–2025) TX 8 (1994–2009) FL 7 (1990–2017) CT 6 (1992–2022) UT 6 (1999–2025) OH 6 (1998–2017) WI 5 (1980–2026) MI 5 (2001–2019) CO 4 (1988–2026) ME 4 (1993–2014) NM 3 (1998–1999) WA 3 (2013–2024) MN 3 (1993–2016) MA 3 (1976–2007) MD 3 (2008–2021) DC 2 (1992–2006) AZ 2 (2008–2008) NY 2 (2005–2009) CA 2 (2003–2025) NV 2 (2014–2021) AK 2 (1984–2005) KS 2 (2013–2020) OK 2 (2009–2018)

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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