strength presumption (New Jersey) · Go Syfert
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strength presumption in New Jersey

52 New Jersey opinions name it 4 courts 1927–2024 5 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 (11)

CaseFollowedCited
Pantasote Co. v. City of Passaicgreen
nj · 1985 · cited in 36 New Jersey opinions naming this issue, 2000–2024
2 sentences

2000Said presumption has been defined by the Supreme Court of New Jersey in Pantasote Co. v. City of Passaic, 100 N.J. 408 , 495 A.2d 1308 (1985) as follows: “The strength of the presumption is exemplified by the nature of the evidence that is required to overcome it.

2000Said presumption has been defined by the Supreme Court of New Jersey in Pantasote Co. v. City of Passaic, 100 N.J. 408 , 495 A.2d 1308 (1985) as follows: “The strength of the presumption is exemplified by the nature of the evidence that is required to overcome it.

2336
Byram Township v. Western World, Inc.green
nj · 1988 · cited in 5 New Jersey opinions naming this issue, 2008–2015
2 sentences

2015That evidence must be “definite, positive, and certain in quality and quantity to overcome the presumption.” [Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985) (citations omitted)).] The presumption of correctness arises from the view “that in tax matters it is to be presumed that governmental authority has been exercised correctly and in accordance with law.” Pantasote, supra, 100 N.J. at 413 , 495 A.2d 1308 (citing Powder Mill, I Assocs. v. Township of Hamilton, 3 N.J.Tax 439 (Tax 1981)); See also, Township of Byram v. Western World, Inc., 111 N.J. 222, 235 , 544 A.2d

2015That evidence must be “definite, positive, and certain in quality and quantity to overcome the presumption.” [Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985) (citations omitted)).] The presumption of correctness arises from the view “that in tax matters it is to be presumed that governmental authority has been exercised correctly and in accordance with law.” Pantasote, supra, 100 N.J. at 413 , 495 A.2d 1308 (citing Powder Mill, I Assocs. v. Township of Hamilton, 3 N.J.Tax 439 (Tax 1981)); See also, Township of Byram v. Western World, Inc., 111 N.J. 222, 235 , 544 A.2d

35
Powder Mill I Associates v. Township of Hamiltongreen
njtaxct · 1981 · cited in 20 New Jersey opinions naming this issue, 2008–2022
2 sentences

2022That evidence must be “definite, positive and certain in quality and quantity to overcome the presumption.” [Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985)(citations omitted)).] The presumption of correctness arises from the view “that in tax matters it is to be presumed that governmental authority has been exercised correctly and in accordance with law.” Pantasote, 100 N.J. at 413 (citing Powder Mill, I Assocs. v. Township of Hamilton, 3 N.J.

2022That evidence must be “definite, positive and certain in quality and quantity to overcome the presumption.” [Id. at 373 (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 , (1985).] The presumption of correctness arises from the view “that in tax matters it is to be presumed that governmental authority has been exercised correctly and in accordance with law.” Pantasote, 100 N.J. at 413 (citing Powder Mill, I Assocs. v. Twp. of Hamilton, 3 N.J.

220
Ford Motor Co. v. Township of Edisongreen
nj · 1992 · cited in 2 New Jersey opinions naming this issue, 2024–2024
2 sentences

2024That evidence must be definite, positive[,] and certain in quality and quantity to overcome the presumption. [Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985) (internal quotations omitted)); see also Ford Motor Co. v. Twp. of Edison, 127 N.J. 290, 313-14 (1992).] "Evidence that overcomes the presumption 'must be sufficient to determine the value of the property under appeal, thereby establishing the existence of a debatable question as to the correctness of the assessment.'" City of Newark, 466 N.J.

2024That evidence must be definite, positive[,] and certain in quality and quantity to overcome the presumption. [Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985) (internal quotations omitted)); see also Ford Motor Co. v. Twp. of Edison, 127 N.J. 290, 313-14 (1992).] "Evidence that overcomes the presumption 'must be sufficient to determine the value of the property under appeal, thereby establishing the existence of a debatable question as to the correctness of the assessment.'" City of Newark, 466 N.J.

22
King v. Board Of Regents Of The University Of Wisconsin Systemgreen
ca7 · 1990 · cited in 2 New Jersey opinions naming this issue, 1992–1998
2 sentences

1998As the majority properly recognizes, “usually repeated racial slurs must form the basis for finding that a hostile work environment has been created.” Ante at 500, 706 A.2d at 690 (citations omitted); see also Ellison v. Brady, 924 F.2d 872 (9th Cir.1991) (“Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.”) (quoting King v. Board of Regents, 898 F.2d 533 , 537 (7th Cir.1990)).

1998As the majority properly recognizes, "usually repeated racial slurs must form the basis for finding that a hostile work environment has been created." Ante at 500, 706 A. 2d at 690 (citations omitted); see also Ellison v. Brady, 924 F. 2d 872 (9th Cir.1991) ("Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile *525 environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") (quoting King v. Board of Regents, 898 F. 2d 533 , 537 (7th Cir.1990)).

22
Planned Parenthood v. Farmergreen
nj · 2000 · cited in 2 New Jersey opinions naming this issue, 2003–2013
2 sentences

2003The Court was “keenly aware of the principle of individual autonomy that lies at the heart of a woman’s right to make reproductive decisions and of the strength of that principle as embodied in our own Constitution.” Id. at 632 , 762 A.2d 620 .

2003The Court was “keenly aware of the principle of individual autonomy that lies at the heart of a woman’s right to make reproductive decisions and of the strength of that principle as embodied in our own Constitution.” Id. at 632 , 762 A.2d 620 .

12
Kerry Ellison v. Nicholas F. Brady, Secretary of the Treasurygreen
ca9 · 1991 · cited in 2 New Jersey opinions naming this issue, 1992–1998
2 sentences

1998As the majority properly recognizes, “usually repeated racial slurs must form the basis for finding that a hostile work environment has been created.” Ante at 500, 706 A.2d at 690 (citations omitted); see also Ellison v. Brady, 924 F.2d 872 (9th Cir.1991) (“Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.”) (quoting King v. Board of Regents, 898 F.2d 533 , 537 (7th Cir.1990)).

1998As the majority properly recognizes, "usually repeated racial slurs must form the basis for finding that a hostile work environment has been created." Ante at 500, 706 A. 2d at 690 (citations omitted); see also Ellison v. Brady, 924 F. 2d 872 (9th Cir.1991) ("Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile *525 environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") (quoting King v. Board of Regents, 898 F. 2d 533 , 537 (7th Cir.1990)).

12
Mf v. Nhgreen
njsuperctappdiv · 1991 · cited in 2 New Jersey opinions naming this issue, 1997–1997
2 sentences

1997As stated in M.F., supra, 252 N.J.Super. at 426-427 , 599 A. 2d 1297 : We have considered the constitutionally permissible limitations on the rights of unwed natural fathers in light of the presumption of the paternity of the mother's husband, the strength of that presumption, the fact that the mother's husband here has acknowledged the child, and the fact that there is no statutory presumption of paternity in favor of this plaintiff.

1997As stated in M.F., supra, 252 N.J.Super. at 426-427 , 599 A. 2d 1297 : We have considered the constitutionally permissible limitations on the rights of unwed natural fathers in light of the presumption of the paternity of the mother's husband, the strength of that presumption, the fact that the mother's husband here has acknowledged the child, and the fact that there is no statutory presumption of paternity in favor of this plaintiff.

12
cluster 516050green
ca11 · 1989 · cited in 1 New Jersey opinions naming this issue, 1992–1992
1 sentence

1992For example, in Vance v. Southern *635 Bell Telephone and Telegraph Co., 863 F. 2d 1503, 1510 (11th Cir.1989), the court held that two incidents in which a noose was found hung over an employee's work station were sufficiently severe to constitute a jury question on a racially hostile environment. [ 924 F. 2d at 878 ].

11
cluster 536506green
ca3 · 1990 · cited in 1 New Jersey opinions naming this issue, 1992–1992
1 sentence

1992See King v. Board of Regents of University of Wisconsin System, 898 F. 2d 533, 537 (7th Cir.1990) ("[a]lthough a single act can be enough, ... generally, repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") Accord Andrews, 895 F. 2d at 1484 ; Carrero v. New York City Housing Authority, 890 F. 2d 569 , 578 (2d Cir.1989); EEOC Compliance Manual, § 615, ¶ 3112, C at 3243 (CCH 1988).

11
Franzen v. Equitable Life Assurance Society of United Statesgreen
nj · 1943 · cited in 1 New Jersey opinions naming this issue, 1955–1955
1 sentence

1955Franzen v. Equitable Life Assurance Society, etc., 130 N.J.L. 457, 466 ( Sup. Ct. 1943).

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 (13)

CaseCitedYears
MSGW Real Estate Fund, LLC v. Borough of Mountain Lakes green
njtaxct · 1998
2 sentences

2019That evidence must be ‘definite, positive and certain in quality and quantity to overcome the presumption.’” Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985) (citations omitted)).

2017That evidence must be “definite, positive and certain in quality and quantity to overcome the presumption.” Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985)(citations omitted)).

42010–2019
Sparks v. Ross green
njch · 1907
2 sentences

1932And the strength of the presumption increases with the lapse of time through which the parties are cohabiting as husband and wife, it being for the highest good of the parties, of the children and of the *Page 584 community, that all intercourse between the sexes in form matrimonial should be such in fact, the law, when administered by enlightened judges, seizes upon all probabilities and presses into its service all things else which can help it in each particular case, to sustain the marriage and repel the conclusion of unlawful commence.' "In Sparks v. Ross, 72 N.J.

1927It being for the highest good of the parties, of the children, and of the community, that all intercourse between the sexes in form matrimonial should be such in fact, the law when administered by enlightened judges, *Page 680 seizes upon all probabilities, and presses into its service all things else which can help it, in each particular case, to sustain the marriage, and repel the conclusion of unlawful commerce." The above is also cited and quoted in Sparks v. Ross, 72 N.J.

21927–1932
Lassiter v. Department of Social Servs. of Durham Cty. green
scotus · 1981
1 sentence

2016Ibid. *104 As a result, a divided Court held that due process did not require appointed counsel for indigent parents in every termination of parental rights case, and left the decision to the trial court, subject to appellate review.

12016–2016
Rendine v. Pantzer green
nj · 1995
1 sentence

2012Id. at 340-41, 661 A.2d 1202 .

12012–2012
Monmouth Medical Center v. Kwok green
njsuperctappdiv · 1982
2 sentences

2004The decision to share that bounty with our guests may take into account the character of the relationship between the alien and this country: Congress may decide that as the alien's tie grows stronger, so does the strength of his claim to an equal share of that munificence. [ Id. at 498 , 444 A .2d at 612 .] Extending UCJF benefits to individuals based simply upon physical presence in the State of New Jersey at or about the time of the accident would run afoul of the letter and spirit of the law.

2004The decision to share that bounty with our guests may take into account the character of the relationship between the alien and this country: Congress may decide that as the alien's tie grows stronger, so does the strength of his claim to an equal share of that munificence. [ Id. at 498 , 444 A .2d at 612 .] Extending UCJF benefits to individuals based simply upon physical presence in the State of New Jersey at or about the time of the accident would run afoul of the letter and spirit of the law.

12004–2004
Lehmann v. Toys 'R' US, Inc. green
nj · 1993
2 sentences

1998It is the “harasser’s conduct, not the plaintiffs injury, that must be severe or pervasive.” Lehmann, supra, 132 N.J. at 610 , 626 A.2d 445 .

1998It is the “harasser’s conduct, not the plaintiffs injury, that must be severe or pervasive.” Lehmann, supra, 132 N.J. at 610 , 626 A.2d 445 .

11998–1998
State v. Brown green
nj · 1956
2 sentences

1993The commentary also acknowledges the case of State v. Brown, 22 N.J. 405 , 126 A.2d 161 (1956).

1993The commentary also acknowledges the case of State v. Brown, 22 N.J. 405 , 126 A.2d 161 (1956).

11993–1993
Consolidated Gold Fields Plc v. Minorco green
ca2 · 1989
1 sentence

1992See King v. Board of Regents of University of Wisconsin System, 898 F. 2d 533, 537 (7th Cir.1990) ("[a]lthough a single act can be enough, ... generally, repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") Accord Andrews, 895 F. 2d at 1484 ; Carrero v. New York City Housing Authority, 890 F. 2d 569 , 578 (2d Cir.1989); EEOC Compliance Manual, § 615, ¶ 3112, C at 3243 (CCH 1988).

11992–1992
Matter of Adoption of a Child of Indian Heritage green
nj · 1988
1 sentence

1991Following the Court's decision in Stanley [ Stanley v. Illinois, 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed. 2d 551 (1972)] many states adopted statutes defining the circumstances under which a man would be presumed to be a child's father and thus entitled to due process in any proceeding involving the child. [ Id. at 174 [ 543 A. 2d 925 ] (citations omitted)].[ [3] ] We have considered the constitutionally permissible limitations on the rights of unwed natural fathers in the light the *427 presumption of the paternity of the mother's husband, the strength of that presumption, the fact that the mo

11991–1991
Stanley v. Illinois green
scotus · 1972
2 sentences

1991Following the Court's decision in Stanley [ Stanley v. Illinois, 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed. 2d 551 (1972)] many states adopted statutes defining the circumstances under which a man would be presumed to be a child's father and thus entitled to due process in any proceeding involving the child. [ Id. at 174 [ 543 A. 2d 925 ] (citations omitted)].[ [3] ] We have considered the constitutionally permissible limitations on the rights of unwed natural fathers in the light the *427 presumption of the paternity of the mother's husband, the strength of that presumption, the fact that the mo

1991Following the Court's decision in Stanley [ Stanley v. Illinois, 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed. 2d 551 (1972)] many states adopted statutes defining the circumstances under which a man would be presumed to be a child's father and thus entitled to due process in any proceeding involving the child. [ Id. at 174 [ 543 A. 2d 925 ] (citations omitted)].[ [3] ] We have considered the constitutionally permissible limitations on the rights of unwed natural fathers in the light the *427 presumption of the paternity of the mother's husband, the strength of that presumption, the fact that the mo

11991–1991
Matter of Commitment of Edward S. green
nj · 1990
1 sentence

1990But, as we state in the opinion, "we do not mean, through the strength of the presumption, to foreclose in camera hearings." Supra at 147, 570 A. 2d at 932 .

11990–1990
State v. Aaron green
· 1818
1 sentence

1986The common law rule that children under seven were incapable of committing crime was based on the presumption that such children had not the “discretion to discern between good and evil.” State v. Aaron, supra. The strength of this presumption decreased with the increasing age of the juvenile, such that beyond age seven, the presumption became rebuttable.

11986–1986
Sparks v. Ross neutral
nj · 1908
1 sentence

1932Eq. 762 ; affirmed, 73 N.J.

11932–1932

Statutes the citing opinions construe

NJ § N.J. Stat. § 54:1-35a (13) NJ § N.J. Stat. § 54:51A-6 (8) NJ § N.J. Stat. § 2A:83-1 (3) NJ § N.J. Stat. § 54:3-21 (3)

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

TX 86 (1891–2024) NJ 52 (1927–2024) CA 29 (1892–2026) NY 24 (1914–2023) PA 24 (1916–2020) OH 21 (2006–2022) IL 15 (1928–2025) MI 15 (1896–2026) TN 12 (1953–2020) IA 11 (1898–1985) IN 10 (1877–2021) NE 10 (2016–2021) OR 9 (1943–2022) FL 8 (1929–2018) NC 8 (1881–2022) AL 8 (1887–2011) OK 6 (1916–1961) GA 6 (1936–2025) WA 6 (1914–2017) CO 6 (1982–2026) MD 6 (1973–2012) KS 6 (1892–2022) MA 5 (1883–2024) AZ 5 (1978–2007) HI 4 (1972–2020) DC 4 (1983–2020) ME 4 (1968–2017) NM 4 (1980–1989) DE 4 (1954–1989) LA 3 (1928–1984) SD 3 (1956–2024) SC 3 (2000–2009) VA 3 (2006–2025) MO 3 (1913–1980) MS 3 (1894–1982) UT 2 (2008–2020) MN 2 (1984–2001) WV 2 (1936–2002) KY 2 (2009–2023) CT 2 (1918–2011) ID 2 (1986–1991) VT 2 (1991–2024)

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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