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If probate is refused, the court may make an allowance to be paid out of the estate of the decedent; if the probate is granted, and it shall appear that the contestant had reasonable cause for contesting the validity of the will or codicil, the court may
9 Mar 2010, 8:11 am by PaulKostro
Furst v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic Violence and the Battered-woman’s Syndrome
5 Mar 2010, 12:26 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In Ohio, the privileged mediation communication that the client would not give her consent to settle may not permitted to be disclosed in the mediator’s report
4 Mar 2010, 1:47 pm by PaulKostro
Law Lessons from Anthony v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judicial estoppel prevents litigants from playing fast and loose with, or otherwise manipulating, the judicial process
4 Mar 2010, 7:18 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of forum non conveniens
4 Mar 2010, 7:09 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Vicious and Dangerous Dogs
4 Mar 2010, 6:59 am by PaulKostro
Law Lessons from STATE OF NEW JERSEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may, for good cause, direct the entry of judgment of adoption nunc pro tunc as of the date the petition for adoption was instituted
3 Mar 2010, 12:28 pm by PaulKostro
Burdick v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When determining whether a restraining order should be issued based on an act of assault or, for that matter, any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether
2 Mar 2010, 3:06 pm by PaulKostro
” Cesare, supra, 154 N.J. at 404 (citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
Innes, 117 N.J. 496, 518 (1990) (stating a settlement agreement should be enforced by a trial court only to the extent it is equitable and just); Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
Concealment and surprise are not to be tolerated in a modern judicial system
26 Feb 2010, 7:49 am by PaulKostro
” McKenney, supra, 167 N.J. at 370; see also United States 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
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
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
When given for consideration, a promissory note is the equivalent of a contract to pay money
19 Feb 2010, 2:08 pm by PaulKostro
Solondz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Prevention of Domestic Violence Act is constitutional
18 Feb 2010, 8:58 am by PaulKostro
Vivian Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The New Jersey Uniform Child Custody Jurisdiction and Enforcement Act
16 Feb 2010, 10:26 am by PaulKostro
Law Lessons from OSMAN KHAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A substantial likelihood of some harm visited upon the plaintiff in the event of an unfavorable decision is needed for the purposes of standing
16 Feb 2010, 10:10 am by PaulKostro
New Jersey State Chamber of Commerce [v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues