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… Amendment’s requirement that a warrant to search a home be supported by a showing of probable cause. Id. at 324. The … in schools outweighed “the privacy interests of schoolchildren.” 469 U.S. at 341. In that case, the Court upheld a … that victims of domestic violence -- such as spouses, children, and parents -- received the “maximum protection” …
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… their home in Delaware to New Jersey. Plaintiff and her children recall that the day was rainy; plaintiff stated … Appellate Division panel reversed the trial court’s determination on the mode-of-operation rule, vacated the … concurred in part and dissented in part, finding ample support for the mode-of-operation charge in the testimony …
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… justify an adverse inference charge since any facts or data supporting the expert’s opinion must be disclosed in his or … or not an adverse inference should be drawn is for your determination based upon the principles that I have just set … and the Appellate Division reversed the trial court’s determination. Washington, supra, 430 N.J. Super. at 123. The …
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… for injuries sustained in the July 5, 2007, accident. In support of his claim, James primarily relied upon N.J.S.A. … intent to retroactively apply new legislation, or the determination that a statute is clearly curative, the impact … that impact. Insurers cannot cry foul for the legislative determination to implement a mid-policy alteration for …
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… “I have a bomb” and “Give me the money” was insufficient to support a finding of guilt on the first-degree robbery … judgment of acquittal by “conjuring” negative inferences to support its conclusion that a reasonable person would not … In Hutson, supra, we found the evidence insufficient to support a conviction of first-degree robbery based on the …
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… to submit while at Ancora. Sufficient evidence exists to support Gormley’s claim that defendants acted with … under the state-created-danger theory. Id. at 440. In support of that theory of constitutional liability, the … S. Ct. 1678, 14 L. Ed. 25 2d 510 (1965); the right to have children, Skinner v. Oklahoma ex rel. Williamso … Lorraine …
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… judges can also require appropriate assurances to support a prosecutor’s statement of readiness. In addition, … but conducted no analysis and made no findings to support its ruling. He therefore seeks immediate release … time under the text of the CJRA. The CPA likewise supports the State’s position. It urges the Court to find …
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… that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual … evidence, that an enforceable agreement exists. The determination as to whether the Statute of Frauds is … defendants would be asking the Court to make factual determinations at the motion to dismiss stage. Discovery is …
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… injury and other disciplines, James Raddin, Jr., M.D., supported that contention, opining that plaintiff … judge disagreed. We discern no error in the trial court's determination. In reviewing a trial court's denial of a motion … Inc., 197 N.J. 81, 129-30 (2008) (stating that use of unsupported stereotypes and innuendo can amount to plain error …
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… that the expert ‘give the why and wherefore’ that supports the opinion, ‘rather than a mere conclusion.’” … net opinion if the expert “cannot offer objective support for his or her opinions, but testifies only to a … extra required step in Union City for obtaining the rent determination. However, Matovski testified that he made the …
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… (2015). The interpretation of an insurance contract is a determination of law. Id. at 373. "We afford no special … is subject to two reasonable interpretations, the one supporting coverage will be applied. Simonetti v. Selective … Mut. Ins. Co., 128 N.J. 165, 183 (1992)). Thus, the key determination of whether the "occurrence" requirement is …
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… violated three RPCs. They concluded that the “facts” supported the findings that (1) Robertelli directed Cordoba … is the rare instance where we do not accept a credibility determination made by a trier of fact.” The plurality … (“The Court may, on its own motion, decide to review any determination of the Board where disbarment has not been …
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… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. According plaintiff all reasonable and … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
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… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
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… contends that (1) the plain language of Subparagraph E supports its methodology wherein the entire amount of an NOL … In a separate Notice of Assessment Related to Final Audit Determination for tax years 2010 and 2011, Taxation found that … credits. Plaintiff protested the refund denial and audit determination to CAB. It argued that the NOL carryover period …
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… and weapons offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . … probability of changing the outcome of the probable cause determination.” For that reason, and because defendant had … N.J.S.A. 2A:162-15, -18(a)(1), -19(e)(3). To make that determination, the court can take into account all relevant …
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… alternative, remand the matter to the trial court for a determination of the date on which the Dimitrakopouloses’ … submitted no certification or other proof in support of their contention that they were unaware of their … 16 An appellate court reviews de novo the trial court’s determination of the motion to dismiss under Rule 4:6-2(e). …
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… correctly valued as a residential health care facility. In support of this allegation, plaintiffs rely upon the … are "(1) to encourage the comprehensive and conclusive determination A-2456-21 25 of a legal controversy; (2) to … remaining defendants. We also conclude, subject to any determination resulting from the remanded proceedings, it is …
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… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
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… tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under … a settlement if it is not satisfied that the proofs offered support the entry of a judgment. For that reason, such … . . . Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case.” Watkins …