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An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
Div. 2008) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act
25 Feb 2010, 8:55 am by PaulKostro
Div. 2008) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Patent Prosecution Lessons From Medtronic v. Edwards
3 Feb 2014, 9:36 am by RatnerPrestia
Inc. v. [read post]
Intellectual Property Law Resources - http://ratnerprestia.com/blog/
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
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the Supreme Court w/c 12th March 2012
12 Mar 2012, 5:19 am by Laura Sandwell, Matrix.
PP v Secretary of State for the Home Department, (formerly VV [Jordan]), PP v SSHD, W & BB v SSHD and Z, G, U & Y v SSHD, heard 30 – 31 January 2012. [read post]
UKSC Blog - http://www.ukscblog.com/
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
STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The constitutional right to effective assistance of counsel has no application in civil proceedings
16 Jun 2010, 10:30 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
State Dep’t of Human Servs., 146 N.J. 614, 621 (1996). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue
24 Feb 2010, 12:41 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate
20 Jul 2009, 8:43 am
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation
25 Feb 2010, 9:04 am by PaulKostro
Guliadis, 128 N.J. 318, 322 (1992) (holding that plenary hearings are required when there are “contested issues of material fact on the basis of conflicting affidavits”); see also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order for a court to find that a defendant committed an act of harassment, the court must find that the person had a conscious objective to harass the plaintiff
20 Oct 2009, 9:00 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the Affidavit of Merit should be filed within sixty days of the filing of the answer, if the affidavit is provided within sixty-one to 120 days after the answer is filed, it will be deemed timely so long as leave to file is sought and good cause
29 Jun 2010, 8:05 am by PaulKostro
Paragon Contractors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
[Eugene Volokh] Illinois Court Rejects Claim for Group Libel of Poles Living During World War II Era
16 Aug 2023, 6:06 am by Eugene Volokh
From Otto v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants
26 Feb 2010, 7:56 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the alleged victim of domestic violence seeks a restraining order as the principal claim for relief, the right to trial by jury does not attach
19 Jun 2009, 1:39 pm
State Bar Ass’n v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for rehearing or reconsideration
23 Jul 2010, 9:53 am by PaulKostro
Law Lessons from SHERYL DENICOLA, n/k/a SHERYL HYER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In custody cases, the court must focus on the safety, happiness, physical, mental and moral welfare of the children
9 Jul 2009, 8:49 am
Div. 2007), the court stated: In custody cases, it is well settled that the court’s primary consideration is the best interests of the children. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the Supreme Court w/c 26th March 2012
26 Mar 2012, 8:31 am by Laura Sandwell, Matrix.
On Monday 26 March 2012 are the appeals from the Supreme Court of Mauritius of Dookee  v The State of Mauritius and anor and Sakoor Patel and ors v Anandsing Beenessreesing and Sicom Ltd. [read post]
UKSC Blog - http://www.ukscblog.com/