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- A-3684-18T3 Opinionnjcourts.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 …
- A-2118-18T2 Opinionnjcourts.gov… and service of the legal malpractice expert report. In support of their proximate cause defense, defendants …
- A-3496-17T3 Opinionnjcourts.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 …
- A-2648-17T1 Opinionnjcourts.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.'" …
- A-1551-17T4 Opinionnjcourts.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 …
- A-1224-17T1 Opinionnjcourts.gov… his military record and post-traumatic stress disorder as support for finding additional mitigating factors, such as …
- A-4544-17T2 Opinionnjcourts.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 …
- A-3792-17T1 Opinionnjcourts.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 …
- A-4885-16T1 Opinionnjcourts.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 …
- A-2846-17T4 Opinionnjcourts.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 …
- A-3841-17T1 Opinionnjcourts.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 …
- A-1734-17T3 Opinionnjcourts.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 …
- A-0939-18T2 Opinionnjcourts.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 …
- A-5497-16T3 Opinionnjcourts.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 …
- A-4138-15T1 Opinionnjcourts.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 …
- A-4200-15T3 Opinionnjcourts.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 …
- A-4691-15T4 Opinionnjcourts.gov… licensed professional planner. Among 9 A-4691-15T4 Pierce's supporting documents was a certification from the appraiser … "unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- A-3036-16T1 Opinionnjcourts.gov… v. Nwobu, 139 N.J. 236, 240 (1995)). Accordingly, "a PTI determination requires that the prosecutor make an … own assessment of those factors. Contrary to the judge's determination, the prosecutor's assessment of factors eight … 14 A-3036-16T1 pattern of antisocial behavior, finds clear support in the record. The judge also misread factor eleven …
- A-3647-15T3 Opinionnjcourts.gov… between Helmer and Branco. There is nothing in the record supporting defendant's theory that Branco planned to join …
- A-1534-15T2 Opinionnjcourts.gov… ROOTED IN A MULTITUDE OF BASELESS SPECULATION DEVOID OF ANY SUPPORTING EVIDENCE OR VALID FACTUAL BASIS TO MERIT A … NOT MOOT. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … damage within the reasonably foreseeable future. This determination shall take into account a person's history, …