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19 Jul 2010, 3:35 pm by PaulKostro
., A-6046-08T3 & A-0071-09T3, July 19, 2010: A trial court considering a domestic violence complaint must first “determine whether the plaintiff has proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred. [read post]
19 Jul 2010, 3:30 pm by PaulKostro
. __ (2010), A-32-09, July 19, 2010: To admit expert testimony under N.J.R.E. 702, 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. [read post]
19 Jul 2010, 3:26 pm by PaulKostro
Div. 2010), A-6332-07, July 16, 2010: N.J.R.E. 404(b) provides: [E]vidence of other crimes, wrongs, or acts is not admissible to prove the disposition of a person in order to show that such person acted in conformity therewith. [read post]
19 Jul 2010, 3:16 pm by PaulKostro
., A-5380-08T2, July 16, 2010: The decision to use the shared parenting worksheet is discretionary with the court. [read post]
19 Jul 2010, 3:11 pm by PaulKostro
., A-5380-08T2, July 16, 2010: In fixing an order of child support, trial courts must begin with the parties’ average gross taxable income per week. [read post]
19 Jul 2010, 3:02 pm by PaulKostro
., A-5380-08T2, July 16, 2010: It is axiomatic that a trial judge must articulate the findings of fact and conclusions of law that lead to a particular result. [read post]
19 Jul 2010, 3:00 pm by PaulKostro
., A-5380-08T2, July 16, 2010: Retroactive awards of child support may be ordered at the discretion of the trial court so long as there is some equitable basis for the decision. [read post]
19 Jul 2010, 2:53 pm by PaulKostro
., A-0010-09T3, July 16, 2010: Under principles of issue preclusion, a plaintiff’s allegations of domestic violence rejected by a prior trial judge should not be admitted into evidence in the hearing on a subsequent domestic violence complaint. [read post]
19 Jul 2010, 2:49 pm by PaulKostro
., A-0010-09T3, July 16, 2010: The Prevention of Domestic Violence Act allows the court to award reasonable attorney’s fees to a prevailing plaintiff. [read post]
16 Jul 2010, 6:12 am by Kristin Starnes Gray
 There’s a bat loose in the office, and only Stanley Hudson has the good sense to evacuate after seeing the flapping wings and “poop raining from the ceiling. [read post]
15 Jul 2010, 2:00 pm by Lucas A. Ferrara, Esq.
NEW YORK CIVIC Welcomes you to our Midsummer Networking Event Monday, July 26th, 2010 6 p.m. - 8 p.m.@ The Boat Basin Café(West 79th St. at the Hudson River) As election season heats up, StarQuest and New York Civic cordially invite you to our inaugural networking event, designed to bring together our City's leaders of today with its leaders of tomorrow. [read post]
15 Jul 2010, 10:12 am by PaulKostro
., A-1286-09T3, July 15, 2010: Where a motion judge made credibility determinations and “may have a commitment to [her] findings,” a post-appeal plenary hearing must be conducted before a different judge. [read post]
15 Jul 2010, 10:05 am by PaulKostro
., A-1286-09T3, July 15, 2010: Rule 4:50-1 provides that “[o]n motion, with briefs, and upon such terms as are just, the court may relieve a party or the party’s legal representative from a final judgment or order for . . . [read post]
15 Jul 2010, 9:59 am by PaulKostro
., A-3085-08T1, July 15, 2010: [See prior history HERE] There are circumstances where previously known facts and information, properly established and relevant to such issues as child support, are brought to the attention of the court, and they should not, as a matter of law, be barred or disregarded. [read post]
15 Jul 2010, 9:54 am by PaulKostro
., A-4136-07T1, July 14, 2010: Rooted in the full faith and credit doctrine, principles of comity have been invoked to prevent a New Jersey court from entertaining challenges to the fairness and adequacy of a judgment issued by a sister state. [read post]
15 Jul 2010, 9:50 am by PaulKostro
., A-4136-07T1, July 14, 2010: To invoke the doctrine of collateral estoppel, a party must show that: (1) the issue to be precluded is identical to the issue decided in the prior proceeding; (2) the issue was actually litigated in the prior proceeding; (3) the court in the prior proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior judgment; and (5) the party against whom the doctrine is asserted was a party to or in privity with a… [read post]