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njcourts.gov
… Schlesinger argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … or "responsibility." Ibid. In her statement of reasons in support of the November 9, 2017 order, the judge agreed with …
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njcourts.gov
… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … their claim that they owned the vehicles. These are legal determinations that we review de novo. There really is no …
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njcourts.gov
… of the evidence, requiring deference to the credibility determinations of the jury and clear and convincing evidence … out of the country. Together, the Barker factors do not support defendant's claim of a violation of his right to a …
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njcourts.gov
… increases she received from Delaware Valley. The Board's determination was based upon the governing statute on … originally granted her. Petitioner appealed the Board's determination and the matter was transmitted to the Office of … it was "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
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njcourts.gov
… Valley Reg'l High Sch. Bd. of Educ. v. Pascack Valley Reg'l Support Staff Ass'n, 192 N.J. 489, 496-97 (2007) (explaining … cannot realistically coexist with the agreement to submit determination of when and how that right can be exercised to … realistically coexist with the agreement to submit determination of when and how that right can be exercised to …
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njcourts.gov
… and service of the legal malpractice expert report. In support of their proximate cause defense, defendants …
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njcourts.gov
… application was grandfathered and entitled to funding. In support, Pastor Enterprises cites our Supreme Court's … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of … seeking IPG funding were subject to the Legislature's determination that limited public funds may be diverted from …
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njcourts.gov
… TO COMPEL DISCOVERY. I. The judge's factual and legal determination, based on competing answers in discovery, that … of law to be decided by a court, 'preferably on a properly supported motion for summary judgment or dismissal.'" …
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njcourts.gov
… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … self-represented litigant; it is the same brief he filed in support of his petition when before the PCR court. In his … jury and did not create any "risk that the . . . ultimate determination of guilt or innocence [was] based on …
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njcourts.gov
… his military record and post-traumatic stress disorder as support for finding additional mitigating factors, such as …
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njcourts.gov
… Family Part judge's fact-finding is binding on appeal when supported by adequate, substantial, credible evidence. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… in receipt of 6 A-3792-17T1 [Provencher's] loss value and supporting brief." On June 20, 2017, Arsenault promised to … that were mandated by a governmental unit" and "such determinations amounted to legal error" that require reversal …
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njcourts.gov
… FACTORS THAT WERE INSUFFICIENTLY EXPLAINED, WERE SUPPORTED BY DEFENDANT'S ADDICTION, AND WHICH FAILED TO … matter before the Court and jury for the jury's ultimate determination as to whether the defendant is guilty or not …
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njcourts.gov
… judgment, arguing plaintiffs failed to produce evidence in support of their claims. After oral argument, the motion … 149 N.J. 496, 502-03 (1997). In the context of the duty determination, foreseeability is the knowledge of the risk of …
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njcourts.gov
… Fowler was not involved in starting the fire. Indeed, in support of this strategy, the trial counsel called two alibi … fire, this wasn't a fire that smoldered. That was his determination. This fire was lit and caught up so you know it …
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njcourts.gov
… filed an answer, followed by a motion for summary judgment, supported by a brief. Plaintiffs then retained the same … and, because plaintiffs limited their 8 The attorney's unsupported statement also did not even require any specific …
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njcourts.gov
… for four days amongst each other." The record fails to support that conclusion. Emphasis was unduly placed by the … court to engage in such a fact-finding exercise. These determinations are for a jury to decide. Chen, 208 N.J. at …
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njcourts.gov
… judge reviewed the MVR recording and found it did not support defendant's argument. Defendant has not supplied the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …
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njcourts.gov
… of discretion standard. Id. at 467. "The trial court's determination under the rule warrants substantial deference, … Id. at 597, n. 1. 11 A-4200-15T3 The record does not support defendants' contention that plaintiff lacked …