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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
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Integral to a finding of harassment is the establishment of the purpose to harass, along with a course of alarming conduct or repeated acts intended to alarm or seriously annoy another
7 Apr 2010, 8:47 am by PaulKostro
As the Supreme Court explained in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Interference with custody and parenting time may immediately and irreparably impact the best interests of a child and often represent classic cases necessitating court review
3 Feb 2010, 1:02 pm by PaulKostro
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
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Aronow v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A statement made by a person unavailable as a witness because of death is excluded from the hearsay rule in a civil proceeding if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating it is trustworthy
26 May 2011, 3:20 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The decision to deviate from the child support guidelines shall be based on the best interests of the child
28 Sep 2009, 9:53 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
You have been charged with a criminal offense — do you qualify for PTI?
26 Jul 2010, 8:12 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is Arbitration?
2 Jul 2009, 5:12 am
As the Court stated in Garfinkel 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
A victim of domestic violence who succeeds in obtaining final restraints under the Act may recover reasonable attorney’s fees from the defendant
28 Mar 2011, 7:24 am by PaulKostro
Wine v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The act of allowing a child to witness domestic violence does not equate to abuse or neglect of the child in the absence of additional proofs
5 Aug 2010, 11:54 am by PaulKostro
In G.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Making fun of your family
9 May 2010, 9:41 am by PaulKostro
DeAngelis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The applicability of the entire controversy doctrine chiefly turns on whether the separatelyasserted claims arise from related facts or the same transaction or series of transactions
17 Jun 2010, 2:46 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Injuries that may constitute child abuse and neglect
29 Nov 2011, 2:59 pm by PaulKostro
G.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A claim is frivolous if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable
23 Jul 2009, 6:02 am
Law Lessons from Khoury 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
In determining whether a defendant’s conduct is likely to cause the required annoyance or alarm to the victim, that defendant’s past conduct toward the victim and the relationship’s history must be taken into account
14 May 2010, 9:59 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues