njcourts.gov
… a maximum term of thirty years in prison, for the State's recommendation of a fifteen-year term of imprisonment, subject … argue an evidentiary hearing is warranted to develop the factual record in connection with an ineffective-assistance … of counsel; (2) there are material issues of disputed fact that must be resolved with evidence outside of the …
njcourts.gov
… _______________________________ NEW JERSEY COMMISSIONER OF EDUCATION, Respondent. … these requirements, we briefly summarize the pertinent facts and recite the procedural history. Fable twice served … Board and COE that she failed to exhaust administrative remedies, Fable argues her failure to file an appeal of the SE …
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njcourts.gov
… of defendant Hainesport Industrial Railroad, dismissing its complaint for money due on a contract between them. … Brady that he would pay that sum "in full and final satisfaction and you can take it if you want it or not." Brady … trial judge never addressed Hainesport's accord and satisfaction defense and did not address the issue of …
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njcourts.gov
… DOCKET NO. A-5218-11T4 YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. (a Delaware Corporation), … in 2006 due to a decline in business and dissatisfaction with results. A year later, a Yellow Book salesman … point in time it's unmistakable that notwithstanding the fact that it's faint, it's small, from a technical …
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njcourts.gov
… or unreasonable, we affirm. I. We discern the relevant facts from the administrative record. Beginning in late … the "ongoing and pending litigation" exception. Following communications with the Clerk's office, appellant submitted … be penalized. 6 A-1449-20 The Council adopted the ALJ's factual findings and legal conclusions concerning the …
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njcourts.gov
… When the child was one year old, plaintiff filed a UIFSA complaint through the State of Maryland to fix defendant's … overall work- related child care to account for the fact plaintiff or a caretaker would use vacation time at … miles and tolls were . . . submitted to the court but not factored into the weekly child support expenses." 6 …
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njcourts.gov
… Board for a public hearing and a vote in order to ensure a complete record on appeal. At the March 9, 2020 Board … A-0016-21 On appeal, Cassidy argues that the trial court's factual findings and legal conclusions were "unsupported," … or defense and the main action have a question of law or fact in common.'" Exxon Mobil Corp., 453 N.J. Super. at 286 …
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njcourts.gov
… an order to show cause and dismissing with prejudice their complaint against the Elizabeth Board of Education (Board) … written opinion. The procedural history and pertinent facts are set forth in Judge Lindemann's thorough opinion … later, the parents, now represented by counsel, requested a complete copy of their son's student records from the …
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njcourts.gov
… another person. The plea agreement called for the State's recommendation of an eighteen-month prison term with an … 170 (App. Div. 1999) (holding a defendant "must assert the facts that an investigation would have revealed, supported … to a speedy trial has been violated is based upon the four-factor balancing analysis pronounced in Barker v. Wingo, 407 …
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njcourts.gov
… the mortgage by recoupment because the original mortgage company failed to accurately disclose certain charges and he … § 1635. Thus, he found Swaggerty was "not applicable to the facts in this case." The judge also addressed defendant's … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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njcourts.gov
… (DOC), upholding a hearing officer's determination that he committed prohibited act *.252, encouraging others to riot, … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan … than a subjective hunch, conjecture[,] or surmise of the factfinder," Figueroa, 414 N.J. Super. at 191, we reverse. …
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njcourts.gov
… and remand for the court to consider whether the factual record permits the finding of a lawful search and … under an alternate basis. 3 A-0033-19 I. We derive our facts from evidence elicited during the suppression hearing. … of the bag "sticking into his pants."1 Gregus said it was "common for drug dealers to . . . conceal drugs inside their …
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njcourts.gov
… Skillman gave the following description of the salient facts underlying plaintiff's claims against defendants: In … Volkswagen and Staino in the Law Division, asserting common law claims for false arrest, false imprisonment, … to the arbitrator, there were four grounds left: (1) common law false arrest or false imprisonment; (2) malicious …
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2.33
Charges Document PDF
njcourts.gov
… back pay, you are to reduce the amount awarded by all income which the plaintiff either earned or could have earned … jobs are comparable, you may consider the following other factors:6 (1) the degree of risk involved to the plaintiff’s … unearned income the 5 Goodman, 86 N.J. at 37. 6 Only those factors relevant to the particular fact situation should be …
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5.40D-1
Charges Document PDF
njcourts.gov
… functioning. In this respect, such defects are akin to manufacturing defect cases in which the defect is proven by … Analysis is unnecessary. The only material question 1 The Committee has weighed the phrases “alternative safer … such an alternative is not reasonable. In such a case, the fact that the alternative design would have avoided injury …
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9.14
Charges Document PDF
njcourts.gov
… Damage Although there are several ways of determining just compensation, the [insert name of party here] in this case … or decrease its value. Only after discussing all these factors, and taking the time to consider them carefully, … if any, of the taking. Only after discussing all these factors, and taking the time to consider them carefully, …
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2C:12-1c
Charges Document PDF
njcourts.gov
… cases the charge will have to be adapted to fit the facts. 2 N.J.S.A. 2C:12-1c provides: "As used in this … from drug use. Cannel, New Jersey Criminal Code Annotated, Comment 2 to N.J.S.A. 2C:2-8 (Gann 2004) (citing State v. … please see the full text of N.J.S.A. 2C:2-8b. 8 1971 Code Commentary to N.J.S.A. 2C:2-8 as reproduced in Cannel, …
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2C:12-11a / 2C:12-11b
Charges Document PDF
njcourts.gov
… is charged by County _________ of the indictment with committing the crime of disarming a law enforcement officer. … a knowing, intentional control over a designated thing, accompanies by a knowledge of its character. The possession of … the defendant acted toward the officer is a question of fact for you the jury to decide. Purpose is a condition of …
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2C:24-4a(2)
Charges Document PDF
njcourts.gov
… or afflicting a child; (d) any willful act of omission or commission whereby unnecessary pain and suffering, whether … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … the defendant and the child you should consider these factors: the disparity in ages or maturity; the importance …
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2C:24-4b(5)(a)(iii)
Charges Document PDF
njcourts.gov
… THE WELFARE OF A CHILD (PORNOGRAPHY) Applies to crimes committed after August 14, 2013 N.J.S.A. 2C:24-4b(5)(a)(iii) … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … or to any other person. Distribute means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, …