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njcourts.gov
… property? (2) Is there evidence in the record that could support a finding of fact on this point? (3) Is expert … of the risk of harm is the foundational element in the determination of whether a duty exists." Ibid. (quoting J.S. …
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njcourts.gov
… in which the statutory exemption is applicable supports the view that the statute permits gun owners to … and not an adjudicative body" and that "[c]redibility determinations and the resolution of factual disputes are …
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njcourts.gov
… about insurance coverage. The summary judgment record supported the judge's first decision, and there was no abuse …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… Cape May County Prosecutor's Office, provided the affidavit supporting the warrant application. Because a judge … 462 U.S. at 238). Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
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njcourts.gov
… and the Botwins timely appealed the Director’s final determination to the Tax Court. For the reasons described more … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … specific to each dealer. No evidence is before the court to support such a proffer under the Lemon Law or tax law. The …
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njcourts.gov
… directed her to file a certification in this regard, with supporting documentation if any, and permitted the Township … provides as follows: Review of judgment, action or determination of county board of taxation. a. Any party who is dissatisfied with the judgment, action or determination of the county board of taxation may seek review …
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njcourts.gov
… connotes employment or application to an end.” The Court supported this ruling by comparing the statute’s grant of … Ibid. When this “test is to be applied,” the court’s determination should be made “with reference to the object … judgment. Indeed, even in Borough of Middlesex, the determination that an area served as a “buffer” was based on …
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njcourts.gov
… intelligibility." Wein, 80 N.J. at 497. "In making that determination, the court looks to whether the indictment is … as uncertainty, if he is correct, would tend to support an inference that a reasonable person would take …
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njcourts.gov
… we "defer to the trial court's factual findings that are supported by sufficient credible evidence in the record and …
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njcourts.gov
… the PCR application sets forth facts that could potentially support a claim of self-defense or defense of others, …
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njcourts.gov
… Proof Hearing at which you must present all documents that support your case such as canceled checks, money orders, …
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njcourts.gov
… not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's … disputed issues of material fact is necessary for any determination as to whether relief from the judgment is …
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njcourts.gov
… Sports and Exposition Authority, 104 N.J. 80 (1986), to support his argument that defendant had an independent duty … immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently negligent. … immunity – although correct – conflicts with the judge's determination that defendant was not independently negligent. …
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njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … and materials beyond the pleadings were submitted in support of the motions to dismiss, we treat them as motions …
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njcourts.gov
… for its payment to Vornado. We review such legal determination de novo. Templo Fuente De Vida Corp., … of a remedy in the buyer against the seller . . . but a determination of responsibility for satisfying such a remedy. … Div. 2006). Moreover, in any event, the record did not support a finding that defendant violated any of its …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
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njcourts.gov
… factual findings of the trial court if those findings are supported by sufficient evidence in the record. State v. … credible witness, and we defer to the judge's credibility determinations. Locurto, 157 N.J. at 470. The police formed an …
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njcourts.gov
… to grant relief and, so, we sustain the trial judge's determination that defense counsel's errors do not require … defendant moved to vacate the confirmation order. In a supporting certification, defense counsel stated he was in … been presented with no reason to question the judge's determination that there were reasonable grounds to excuse …
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njcourts.gov
… Legislature later explicitly delegated pension forfeiture determinations pursuant to N.J.S.A. 43:1-3.1 to the judiciary. … was obligated to enter a forfeiture order upon its legal determination that Ortmann was convicted of a substantially … will survive a due process challenge so long as it is supported by a rational basis. Ibid. Although public …