Search for: "Winfield v. State" Results 401 - 420 of 434
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The right of a third party to garnish assets of a beneficiary of a spendthrift trust is limited to disbursements from the trust and if disbursements are wholly within the trustee’s discretion, the court may not order the trustee to make such dis
4 Aug 2009, 10:57 am
In addition, the party must also have sufficient contacts with the forum state to meet the fairness standard of International Shoe Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
Div. 1997) (stating “[u]nder the probable intent doctrine, New Jersey courts construe wills to ‘ascertain and give effect to the probable intention of the testator’”) (quoting Fidelity Union Trust Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A N.J. trial court does not have the authority to transfer court proceedings to another state
30 Jul 2009, 1:02 pm
Pek v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The taking of a position in litigation that could be supported by a good faith argument for an extension, modification or reversal of existing law negates a claim for frivolous litigation
30 Jul 2009, 3:32 am
Semexant v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A legal permanent resident who becomes an ‘aggravated felon’ may be deported from the US
27 Jul 2009, 10:40 am
Law Lessons from State 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
The Domestic Violence Act does not seek to protect only those who are involved in a sexual relationship and exclude those who are involved in fraternization
22 Jul 2009, 2:04 pm
Andrews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A jurisdiction that establishes a spousal support order retains continuing exclusive jurisdiction for the life of the order.
21 Jul 2009, 4:38 am
ANDREW PEK v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge may interrogate any witness to clarify the witness’s testimony, expedite a trial, prevent delay or waste of time, or help elicit facts
20 Jul 2009, 8:54 am
(citing State 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
Once a conflict of interest is determined to exist, the appropriate remedy is disqualification of the attorney
20 Jul 2009, 5:11 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Court’s review of an arbitration award is exceedingly deferential, and the award will be upheld if it is rationally inferable from the letter or purpose of the underlying agreement
15 Jul 2009, 8:57 am
Laser Vision, P.A. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Division of Taxation can treat payments that the parties to a divorce have themselves characterized as “alimony” as alimony for tax purposes even though those payments are required to continue even if one of the parties dies
13 Jul 2009, 11:43 am
In Ehrenworth v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The purpose of pendente lite support is to preserve the status quo
9 Jul 2009, 9:37 am
Mallamo 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
A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state
9 Jul 2009, 4:45 am
Marshak 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
Parental autonomy includes the freedom to decide wrongly
2 Jul 2009, 4:56 am
Ed. 2d 158 (1968) (per curiam); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child custody and visitation disputes can be resolved through arbitration
1 Jul 2009, 11:54 am
Christine Saba Fawzy v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: The U.S. Supreme Court addresses strip searches in schools
25 Jun 2009, 8:09 am
Safford United School District No. 1 v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues