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A trial court confronted with an evidence determination precedent to ruling on a summary judgment motion squarely must address the evidence decision first
23 Jun 2010, 3:26 pm by PaulKostro
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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
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court has the discretion to exercise the remedy of enjoining or conditioning a litigant’s ability to present his or her claim to the court
13 Jul 2010, 9:39 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record
25 Oct 2010, 2:35 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence
3 Feb 2010, 7:34 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be evaluated when considering counsel fees in a family action
18 Dec 2009, 9:27 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Oral argument
20 Oct 2010, 11:36 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of comity and the full faith and credit doctrine
15 Jul 2010, 9:54 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court jurisdiction in a divorce action
11 Aug 2009, 9:53 am
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a supporting spouse brings an application for a downward modification of support, the main focus is the supporting spouse’s ability to pay
25 Jun 2009, 4:05 am
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Who is an abused or neglected child
31 Oct 2011, 3:32 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact
30 Jun 2010, 1:32 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony award need not be increased to compensate for the fact the payments are taxable income
5 Jan 2010, 12:09 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An important indicator of what parties to an agreement intend is their course of performance tendered pursuant to that agreement
18 Nov 2009, 10:14 am
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An appellate court will not disturb fact findings on appeal unless they are so wholly insupportable as to result in a denial of justice
21 Dec 2010, 11:43 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining the issue as to whether there should be a change in an existing de facto custody arrangement, as in removal decisions, the paramount consideration is the safety, happiness, physical, mental and moral welfare of the child
27 Jan 2010, 9:24 am by PaulKostro
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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
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Law and religion round-up – 16th April
16 Apr 2023, 12:37 am by Frank Cranmer
Nevertheless, he started proceedings in the employment tribunal on 1 April 2019 – without the leave of the High Court – in which he argued that the decision to end his tenure as priest-in-charge of St George, Hanworth, when he reached the age of 70 on 18 November 2018 had been unlawful age discrimination. [read post]
Law & Religion UK - https://lawandreligionuk.com