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One of the elements of an inter vivos gift is the relinquishment by the donor of ownership and dominion over the subject matter of the gift
23 Aug 2010, 2:50 pm by PaulKostro
’” Pascale, supra, 113 N.J. at 29 (quoting In re Dodge, 50 N.J. 192, 216 (1967)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration of medical malpractice claims
18 Aug 2010, 10:27 am by PaulKostro
’” Fawzy, supra, 199 N.J. at 469 (quoting In re Arbitration Between Grover & Universal Underwriters Ins. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be guilty of contempt of an FRO, a person must purposely or knowingly violate any provision in the FRO
18 Aug 2010, 7:04 am by PaulKostro
Medina, 147 N.J. 43 (1996) (quoting In re Winship, 397 U.S. 358, 363, 90 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Contract damages are designed to put the injured party in as good a position as he would have had if performance had been rendered as promised
12 Aug 2010, 9:06 am by PaulKostro
’” In re Liquidation of Integrity Ins. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable lien is a right of special nature in a fund and constitutes a charge or encumbrance upon the fund
12 Aug 2010, 8:39 am by PaulKostro
., 135 N.J. 539, 546 (1994) (quoting In re Hoffman, 63 N.J. 69, 77 (1973)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
’” In re Taylor, 158 N.J. 644, 656 (1999) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts
10 Aug 2010, 9:31 am by PaulKostro
” In re Conroy, 98 N.J. 321, 377 (1985). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of undue influence
10 Aug 2010, 9:18 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requisite elements of an inter vivos gift
10 Aug 2010, 9:16 am by PaulKostro
In re Dodge, 50 N.J. 192, 216 (1967); see also Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The privilege against self-incrimination is personal to the individual claimant and the election to invoke it must be exercised by the witness himself; it is not invocable by an attorney as his surrogate
9 Aug 2010, 8:37 am by PaulKostro
In re Boiardo, 34 N.J. 599, 604 (1961); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client
6 Aug 2010, 8:49 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing
5 Aug 2010, 12:04 pm by PaulKostro
This test was recently re-confirmed in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before appointing a special medical guardian, the court must determine that the patient is unable to consent to medical treatment, no general or natural guardian is available, immediate medical treatment is necessary, and the patient has not designated a
4 Aug 2010, 11:41 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary Mini Library for Lawyers at New Westminster Courthouse
4 Aug 2010, 10:00 am
  The library will re-open in December (we don't have an exact date yet but we'll keep you posted). [read post]
The Stream: Courthouse Libraries BC Blog - http://www.courthouselibrary.ca/cms/index.cfm?group_id=8108
The appellate court, on a showing of good cause and the absence of prejudice, may extend the time to appeal for a period not exceeding 30 days, but only if the notice of appeal was in fact served and filed within the time as extended
30 Jul 2010, 10:17 am by PaulKostro
In re CAFRA Permit No. 87-0959-5, 290 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An attorney does not necessarily have to be present any time that there is perceived clash in the interests of a parent based on a familial relationship with the victim or another involved in the investigation
30 Jul 2010, 10:11 am by PaulKostro
Mears, 749 A.2d 600, 604 (Vt. 2000) (quoting In re E.T.C., 449 A.2d 937, 940 (Vt. 1982)).] [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Discipline for an attorney’s sexual misconduct has ranged from reprimands to disbarment
30 Jul 2010, 10:06 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Possessing a financial interest in the outcome of the litigation is ordinarily sufficient to confer standing
23 Jul 2010, 9:24 am by PaulKostro
” In re N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When your child gets in trouble with the law … LOOKOUT!
21 Jul 2010, 7:37 am by PaulKostro
{See In re AT 245 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues