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… (Third) of the Law Governing Lawyers § 75, cmt. e). Support for the bilateral control rule may be found in case … policy rationale for attorney-client privilege is supported by the "encouragement of free and full disclosure … . . . Thus, we conclude that the bilateral control rule and supporting caselaw means that although the privilege can be …
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… included in the New Jersey 3 A-4347-16T4 The Office's determination required the County, pursuant to N.J.A.C. 7:4- … policies"; (2) "the record contains substantial evidence to support the findings on which the agency based its action"; … the record reviewed by the assistant commissioner fully supports his decision. The record presented to and reviewed …
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… calendar. They asked for oral argument on the motion. In support of the motion, plaintiffs submitted certifications … Defendants requested oral argument on the motions. In their supporting brief, defendants noted that plaintiffs had not … dismissals under Rule 4:37-1(a), even though the determination was not the result of an order or a final …
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… Giving "due regard to the municipal court's credibility determinations," the Law Division judge determined the … Act. According to defendant's reading, the Act requires a determination that the dog poses a threat at the time of trial … resolved by the trial date. Defendant provides no legal support that the "critical date" for evaluating a dog's …
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… to Supervise School officials have a duty to supervise the children in their care. See e.g., Jerkins ex rel. Jerkins v. … Our Supreme Court has explained that two considerations support this heightened standard: "the promotion of vigorous … [her]." Indeed, the record contains no facts that would support a finding that Martin acted intentionally to injure …
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… with the victim's daughter and "had fathered two young children" with her. Id. at 4. The victim's relationship with … the victim attacked him with [a] tray table." Id. at 5. To support his PCR petition, defendant asserted, among other … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… state a claim and compel arbitration. In his affidavit in support of the motion, Shor stated he owned Esso with … made the same claim in an affidavit he signed and filed in support of the motion to dismiss. The motion judge broached … if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. …
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… 22, 2012, defendant filed a pro se PCR petition. In his supporting certification, defendant alleges: 7. During the … of the community. Defendant cites State v. Anderson in support for his argument, which noted "residency … selected"). Moreover, the record supports the PCR court's determination that K.M. was qualified to serve as a juror in …
njcourts.gov
… legal principles. This court's review of DMAHS's determination is limited. Barone v. Dep't of Human Servs., … with the responsibility of implementing legislative determinations"); see also Wnuck v. N.J. Div. of Motor … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… be disturbed where 'there is substantial evidence to support [its] implicit finding[s].'" State v. Locurto, 157 … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … revised plain view factors under Gonzales.4 The judge's determination of Detective Alvarado's credibility is …
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… so long as sufficient credible evidence in the record supports those findings."). Togno was patrolling Route 80 at … rejected defendants' argument that the reasonable suspicion supporting Togno's request for consent was premised upon … instance, police improperly obtain the information that supports the reasonable suspicion underlying a request for …
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… or was committed to acquire property or monies in order to support the person’s drug or alcohol dependency; and (4) … sentencing court, not the prosecutor, who makes the final determination regarding an applicant's eligibility for Drug … of the offense nor [defendant's] mental health history support the conclusion that [defendant's] participation in …
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… FEDERAL CONSTITUTIONS. A. The Investigatory Stop Was Not Supported By Reasonable Suspicion. B. Under Both State and … in this case, we need not address the trial judge's determination that defendant lacked a reasonable expectation … in question was involved in criminal activity. Such a determination can be made only through 8 A-3531-16T3 a …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence on the record." … 200 N.J. at 15). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de … judge correctly found the totality of the circumstances supported a finding of reasonable suspicion to justify the …
njcourts.gov
… factual findings and will uphold those findings that are "supported by sufficient credible evidence in the record." … N.J. 283, 292-93 (1987). Here, the "cold record" not only supports a finding that the plea hearing complied with R. … Preciose, supra, 129 N.J. at 463. Notwithstanding our determination as to the failure to make out a prima facie …
njcourts.gov
… to a text message she accidently sent to her boyfriend's children and her employer's response to that event. As B.H. … and permanently disabled[.]" B.H. appealed the Board's determination and requested a hearing. The Board deemed the … the substantial credible evidence at the hearing did not support the Board's conclusion that her "disability [was] …
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… fees, reimbursement from defendant for his share of the children's medical expenses, and permission to enroll the … interests and thereby acquired sufficient information to support a counterclaim in the civil case. Plaintiff's … of sanctions as requested by defendant. In light of our determination that there was a violation of the terms of the …
njcourts.gov
… we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … giving due deference to trial counsel's trial strategy. To support his decision, the trial court cited State v. … any credible evidence as to any of the claims alleged in support of [his] application for ineffective assistance of …
njcourts.gov
… WHEN IT RELIED ON A VOID ASSIGNMENT OF MORTGAGE AND THE UNSUPPORTED ASSERTIONS OF A NON-PARTY TO AWARD PLAINTIFF … 8 A-0998-16T1 The plain language of subsection (a) does not support defendant's argument. Subsection (a) requires … note constituted the sole maturity date pertinent to the determination of the limitations period under N.J.S.A …
njcourts.gov
… 5 A-1670-16T3 Because we affirm the trial judge's determination that the ordinance is arbitrary, capricious, and … we not interfere with a trial judge's fact findings when supported by adequate, substantial and credible evidence, … 150 N.J. 111, 132-33 (1997). For this reason, credibility determinations are entitled to particular deference. Ibid. We …