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… "under the same standard that govern[ed] the court's determination," Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court's legal determinations when no issue of fact exist. Templo Fuente De … ab initio and thus relieving her of any Longworth duty. In support of the contention, plaintiff relies on the general …
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… in this latest appeal: POINT I LEGAL BASIS DOES NOT SUPPORT USING THE FIVE[-]YEAR BAR DETERMINATION OF THE LOWER COURT TO DENY DEFENDANT A … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… N.J.S.A. 40A:14-118.1 to be unconstitutional. That determination renders nugatory the $25 surcharge described in … also argued decisions of the Council are political determinations not subject to judicial review and must be … of the surcharge and conclude its decision is not supported by law. As noted above, the surcharge poses no …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … . . . 'extraordinary circumstances' undefined." Ibid. A determination of what constitutes "extraordinary …
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… to do just that. (pp. 13-17) AFFIRMED and REMANDED for a determination of probable cause. CHIEF JUSTICE RABNER and … The Appellate Division properly remanded the matter for a determination of whether probable cause existed to issue a … The Public Defender and the ACDL, appearing as amici, support defendant’s arguments. Amici echo defendant’s …
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… that the circumstances involved in rendering the opinion" support its trustworthiness. N.J.R.E. 808; see also N.J.R.E. …
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… from work, he received a phone call from Eric Freeman, a childhood friend. Eric later arrived at Aaron's apartment, … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … permit for their LED panels in 2006 and 2014, respectively, supports this conclusion. Defendant violated the sign …
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… court "in determining whether to admit evidence and that determination will be reversed only if it constitutes an abuse … to prove or disprove any fact of consequence to the determination of the action." State v. Scharf, 225 N.J. 547, 3 … disagree with defendant's argument that the charge was not supported by the evidence. By January 4, 2013, the police …
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… and balancing of the aggravating and mitigating factors are supported by adequate evidence in the record, and the …
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… the complaint was filed, and whose 2 In a certification supporting defendants' opposition to plaintiffs' motion for … plaintiffs contend the court further erred in its determination that the reconsideration motion was untimely. We … the June 2018 decision anew. The analysis must include a determination whether class certification is appropriate under …
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… went ahead and had two hearings and issued a written determination." Then, after service was made and they tried to … In fact, none of the cases cited by plaintiff for support are persuasive because none of these cases involve … novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative officials; …
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… arguments applying a limited standard of review: Final determinations made by the trial court sitting in a non-jury … unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … of fraud in the inducement was certainly permissible and supported by the credible evidence in the record. Affirmed. …
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… and Saint Theresa School (STS) to re- enroll two of his children at the school for the 2017-2018 academic year. … for injunctive relief as moot, and affirm the court's determinations regarding the imposition of discovery … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or …
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… FACTORS ON A PRIOR CRIME THAT WAS DISMISSED AND ON AN UNSUPPORTED FINDING THAT DEFENDANT LACKED REMORSE. POINT VI … in evidence. Defendant also alleges that the record did not support the prosecutor's statements that defendant knew he …
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… it, and take counsel, which offered him some spiritual support. THE COURT: Okay. And did you have separate …
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… FOR ACQUITTAL BECAUSE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT A CONVICTION FOR FOURTH- DEGREE OBSTRUCTION. II. …
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… intent, the "resident signature page" alone does not support Spring Meadows' argument that Ondrof expressly …
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… [T]he [c]ourt has to make a practical and commonsense determination that given all of the circumstances there was a … which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" …
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… gardening as stated in the policy was ambiguous. In support of its position, Suburban asserts: Gotham drafted …