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njcourts.gov
… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. In response to the …
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njcourts.gov
… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. Accordingly, we …
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njcourts.gov
… Basile explained that this result was "very strong support that [defendant was] a contributor to the mixture of … suspicion . . . corroborated by the police that exists to support the [Terry7] stop of . . . defendant's vehicle, the … N.J. 16, 25-26 (2010)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
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njcourts.gov
… report, as well as the court’s own consideration of the supporting documentation and testimony, Iler contributed at … be known, among other things, what decisions would have the support of a majority of the LLC. In so interpreting the … 23 N.J. at 201. Kiely and Marzovilla contend their view is supported by the third paragraph of the “Overall …
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A-20-24 Amicus Curiae Brief Attorney General
Briefs
njcourts.gov
… that standard, although virtually every case it cites in support has been around for just as long as the cases … notions of consistency with caselaw in other contexts for support. That is not enough. Should this Court hold that … “an intermediate appellate tribunal, bound by the final determinations of our Supreme Court”). Accordingly, we …
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njcourts.gov
… term “industry standards”, identify any industry standards supporting this blanket assertion, and fails to indicate how … to prove or disprove any fact of consequence to the determination of the action.” N.J.R.E. 401. Moreover, to be … Hospital, 91 N.J. Super. 377, 385-386 (App. Div. 1966). Determination of relevance is up to the sound discretion of …
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njcourts.gov
… obstructing the criminal justice process. To make that determination, the Act directs judges to conduct an … United States in violation of federal law. 6 To make that determination, the Act directs judges to conduct an … present. The language the Legislature placed in the CJRA supports that conclusion. The key word, “appearance,” …
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njcourts.gov
… no basis not to apply the law of the case doctrine.” 17 In support of his argument, Wardrick cites to State v. Ellis, … to render inconsistent verdicts as long as each charge is supported by sufficient evidence in the record. According to the State, the evidence in the present case “amply supported the first-degree robbery convictions.” …
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A-0366-23 Briefs
Briefs
njcourts.gov
… Respondent-Respondent. : COMPLAINANTS-APPELLANTS’ BRIEF IN SUPPORT OF THEIR APPEAL FROM DECISIONS OF THE SCHOOL ETHICS … . . . . . . . . 13 A. THE COMMISSION’S FINAL DECISION WAS UNSUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE IN THE RECORD AND … which stated that Governor Murphy’s pandemic response “on children” “needs to end now!” (Ca228). 5. On January 4, …
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njcourts.gov
… that there was substantial evidence in the record to support the grant of the variance relief and the application … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
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A-0941-22 Briefs
Briefs
njcourts.gov
… calling witnesses, and arguing appropriately to the jury to support his version of events. State v. Fort, 101 N.J. 123, … by actually weighing its credibility -- “a determination that we have consistently held is within the … to prove or disprove any fact of consequence to the determination of the action." State v. Santamaria, 236 N.J. …
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njcourts.gov
… N.J. 531 (2014). HELD: The trial court’s five erroneous determinations, affecting both the issue of liability and the determination of damages, gave rise to cumulative error … not to call Dr. Helbig to the stand because his report supported opinions stated by plaintiff’s expert. Plaintiff’s …
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njcourts.gov
… curiae brief opposing plaintiffs’ amended complaint and supporting defendants’ motions to dismiss. On February 7, … had notice and the opportunity to be heard, permitting a determination -- based on observable facts -- as to whether … cut funding to school districts is not the sole basis that supports the constitutionality of the LTAA; its basis also …
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A-0307-23 Briefs
Briefs
njcourts.gov
… 26 B. No Precedent Supports The Holding That Plaintiff Needed To Present An … its administratrix Michelle Jennings, submits this brief in support of her appeal from the Law Division’s orders dated … below, the sole legal argument pursued by defendants, in support of their 2020 and 2023 motions, was that 1 This case …
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njcourts.gov
… conservation restriction area, specifically those documents supporting the project's compliance with the CZM High-Rise … Weehawken." Included with the revised application were new supporting and revised documents prepared by Bohler, … 7:7-15.14) This application contains a single structure supporting two (2) towers, 14-stories in height and while …
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njcourts.gov
… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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njcourts.gov
… fact Ulrich thought the parking lot needed to be repaved supports plaintiff's argument as she "readily concede[d] … are 3 132 N.J. 426, 438 (1996) (setting forth that the determination of whether a duty exists requires consideration … of fact. Vincitore, 169 N.J. at 123. Nonetheless, that determination is subject to the court's preliminary assessment …
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A-0344-24 Briefs
Briefs
njcourts.gov
… statements during the phone calls to his parents is not supported by either the facts of the case or case law. … parents. There is insufficient evidence in the record to support the conclusion that the purpose of these phone calls … (2015) (Deference should be given to the trial court for determinations made based on witness credibility). …
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A-3404-22 Briefs
Briefs
njcourts.gov
… litigation fees, were transferred to the Law Division for determination. A429, A1187. Plaintiff moved for summary … submitted a certification of attorney’s fees and costs in support of the claim (A1243). After oral argument (11T, … Mortgage and Note. A1172. Despite the Third Circuit’s determination of loan default/delinquency dating back to 1992, …
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A-0133-22 Briefs
Briefs
njcourts.gov
… submitted a motion for judgment of acquittal which it supported with a brief filed on July 1, 2022. 62a. The State … that he gave inaccurate testimony under oath in support of the above-mentioned theory by incorrectly stating … discretion in imposing punishment following the jury’s determination. State v. Cassady, 198 N.J. 165, 180 (2009). …