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To admit expert testimony, the matter must concern a subject that is beyond the understanding of an average juror, and the field testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable
19 Jul 2010, 3:30 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Merit or substantive defenses, which could have been raised in a foreign state, must be raised in that state’s proceedings and cannot be used to collaterally attack a domesticated New Jersey judgment
19 Oct 2011, 7:31 am by PaulKostro
[State of Maine v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State’s parens patriae responsibility to protect the welfare of children is limited to situations in which the State has demonstrated that the parent is unfit or the child has been neglected or harmed
1 Jun 2010, 7:55 am by PaulKostro
Division of Youth and Family Services v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether abuse has occurred focuses upon the harm to the child rather than the mental state of the accused abuser
5 Oct 2010, 11:15 am by PaulKostro
Div. 2010), A-4786-08, October 5, 2010: In DYFS v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Say a prayer for Article 9? R (on the Application of TTT) v Michaela School and the question of interference
19 Apr 2024, 12:20 am by Frank Cranmer
Significantly, Linden J refers to R (Williamson) v Secretary of State [2005] UKHL15 and R (Begum) v Governors of Denbigh High School [2006] UKHL 15 as the two leading Article 9 cases in this jurisdiction. [read post]
Law & Religion UK - https://lawandreligionuk.com
To establish a disorderly persons contempt of court, the State was required to prove that defendant knowingly violated the restraining order
23 Jan 2012, 8:26 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court of this State has jurisdiction to make an initial custody determination only if N.J. is the home state of the child on the date of the commencement of the proceeding
11 Feb 2010, 9:18 am by PaulKostro
Law Lessons from DEBORAH DOLL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An allowance for fees is to be included in the judgment or order stating the determination and not provided as a separate order
7 Feb 2012, 2:18 pm by PaulKostro
Law Lessons from MARGARET DUCEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although New Jersey is a notice-pleading state, pleadings must fairly apprise the adverse party of the claims and issues to be raised at trial
11 Dec 2011, 6:23 pm by PaulKostro
Velop, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NLRB Asserts State Secret Ballot Laws Are Unconstitutional
16 Jan 2011, 10:35 am by Seth Borden
In the letters, Acting GC Solomon cites Linden Lumber Division v. [read post]
Labor Relations Today - http://www.laborrelationstoday.com/
Under the UCCJEA a New Jersey court does not have jurisdiction to modify New York custody orders unless New Jersey was the children’s “home state” at the time plaintiff filed his motion for custody and other relief
27 Aug 2009, 4:29 pm
See Peregoy v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If evidence supports the existence of a specific fact, even obliquely, it is relevant
23 Jun 2010, 3:29 pm by PaulKostro
STATE OF NEW JERSEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the primary objectives of the Uniform Child Custody Jurisdiction and Enforcement Act was to prioritize home state jurisdiction over other bases for a state assuming jurisdiction of a child custody dispute
8 Jul 2010, 10:44 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When children are natives of New Jersey, judicial approval is required to authorize their relocation to another state
29 Apr 2010, 9:39 am by PaulKostro
Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Long-term reconciliation of the parties can serve to nullify a domestic violence restraining order
22 Mar 2010, 12:54 pm by PaulKostro
Div., A-3907-08T1, March 22, 2010: State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court does not have an obligation to warn a witness that his or her testimony may be self-incriminating
21 Jul 2010, 8:33 am by PaulKostro
Div. 2006); see also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications for dismissal under Rule 4:6-2(e)
29 Apr 2010, 9:09 am by PaulKostro
Law Lessons from HONG JUN CHEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability
14 May 2010, 10:04 am by PaulKostro
Div., A-2469-08T3, May 14, 2010: As stated in Massar v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Due process requires that, in order for a forum state to exercise personal jurisdiction over a defendant, the defendant must have minimum contacts with the forum such that maintenance of the lawsuit does not offend traditional notions of fair play and sub
22 Oct 2010, 3:51 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues