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In evaluating whether the cleric-penitent privilege applies, the proper test is: Would an objectively reasonable penitent, under the totality of the circumstances, believe that a communication was secret, that is, made in confidence to a cleric in that cl
7 Apr 2010, 8:57 am by PaulKostro
State of New Jersey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law of the issuing state governs the nature, extent, amount, and duration of obligations of child support
17 Sep 2011, 6:00 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Fed. Dist. Court of NJ Holds Cemetery Act was Unconstitutionally Vague Under the Due Process Clause
4 Jan 2021, 10:30 am by Patricia Salkin
Rosedale operated a large cemetery in Linden, New Jersey, for over a century. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
If evidence is not offered for the truth of the matter asserted, the evidence is not hearsay
13 Apr 2011, 8:57 am by PaulKostro
Resorts Int’l Hotel, Inc., 189 N.J. 354, 376 (2007) (quoting State v. [read post]
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
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
To meet the burden of general acceptability, the proponent of the scientific evidence must prove that the technology is a non-experimental, demonstrable technique that the relevant scientific community widely, but perhaps not unanimously, accepts as relia
23 Jun 2010, 3:35 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The tender years exception to the hearsay rule
7 Jun 2010, 8:13 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Expert testimony is essential to determining the accuracy and trustworthiness, and therefore admissibility, of the particular GPS device used in a case
4 Nov 2009, 6:41 am
United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the Hague Convention provides that a wrongfully removed or retained child must be returned to the home state in the U.S.
22 Feb 2011, 7:48 am by PaulKostro
GOLDMAN 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 judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
NAVIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A retainer agreement should state whether the fee covers appellate work
18 Mar 2012, 10:00 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Willful misrepresentation of material facts may cause your denaturalization
31 Aug 2009, 11:51 am
Law Lessons from UNITED STATES of America v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The proponent of other-crimes evidence must satisfy a four-prong test
7 Jun 2010, 8:16 am by PaulKostro
State v. [read post]
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
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents’ rights to a relationship with a child are balanced against the State’s responsibility to protect the welfare of children
16 Dec 2011, 1:53 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining a commercially reasonable rate for prejudgment interest, a judge may consider the State’s usury limit
16 Apr 2012, 5:45 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Often, the most important aspect of the court’s findings and conclusions on a close case of harassment is the history of abuse in the relationship
6 May 2010, 11:24 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues