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Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation
25 Feb 2010, 9:04 am by PaulKostro
” Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Provisions of a pendente lite order do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment
25 Feb 2010, 9:00 am by PaulKostro
” Mallamo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico 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
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A negligent attorney is responsible for the reasonable legal expenses and attorney fees incurred by a former client in prosecuting the legal malpractice action
25 Feb 2010, 8:51 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice of its intention to seek sanctions for frivolous litigation and a demand to withdraw the frivolous pleading
25 Feb 2010, 8:48 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorneys are obligated to exercise that degree of reasonable knowledge and skill that lawyers of ordinary ability and skill possess and exercise
24 Feb 2010, 12:44 pm by PaulKostro
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
An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity
24 Feb 2010, 12:36 pm by PaulKostro
TEPE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The parent seeking to terminate a kinship legal guardianship has the burden of proving by clear and convincing evidence both that the parent has overcome the incapacity or inability to care for the child that led to the original guardianship proceedings,
24 Feb 2010, 12:32 pm by PaulKostro
Law Lessons from New Jersey Division of Youth and Family Services 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
A lawyer shall not participate in offering or making an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a controversy between private parties
18 Feb 2010, 9:24 am by PaulKostro
Jacobs 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
Adoption terminates the parental rights of the adopted child’s biological parents
16 Feb 2010, 11:05 am by PaulKostro
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
NAACP v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary unemployment is not grounds for a modification of support
16 Feb 2010, 10:03 am by PaulKostro
” Lepsis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decedent’s clearly expressed desire to be cremated should be respected
16 Feb 2010, 9:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of the movant to establish a prima facie case that circumstances subsequent to a divorce judgment have adversely affected the welfare of the children precludes requiring a plenary hearing
11 Feb 2010, 9:38 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has a duty to make findings of fact and conclusions of law on every motion decided by a written order that is appealable as of right
11 Feb 2010, 9:33 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues