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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
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
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
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 admissibility at trial of evidence of other crimes, wrongs, or acts
12 Jul 2012, 1:01 pm 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
Findings without reference to the supporting evidence are insufficient to permit review by the appellate court and a disservice to the litigants, who are left to speculate about the basis for the discretionary decision
13 Feb 2012, 9:00 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pleading may, as a general matter, be viewed as an admission; however, a pleader’s conclusions of law are not admissions of facts
21 Apr 2010, 9:29 am by PaulKostro
State, 184 N.J. 187, 205-06 (2005); see also Glick v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court’s factual findings should not be disturbed if there is sufficient credible evidence in the record to support the findings
30 Jan 2011, 5:43 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is judicial discretion?
13 Oct 2010, 12:25 pm by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the
28 Oct 2009, 10:21 am
See, e.g., State Troopers Fraternal Ass’n of N.J., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
A person commits a crime if he knowingly or purposely accesses computerized data without authorization or in excess of authorization; or if he so accesses data and then knowingly or recklessly discloses it
9 Feb 2010, 10:21 am by PaulKostro
State of N.J. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Basis for an objection to evidence of alleged past acts of domestic violence
29 Dec 2009, 9:58 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fact finder is never bound to accept the testimony of expert witnesses, even if it is unrebutted by any other evidence
6 Jan 2012, 9:01 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is appropriate to impute income to a spouse based on his or her substantial investments in non-income producing stocks
13 May 2010, 1:06 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Hearsay statements made in good faith for purposes of medical diagnosis or treatment
13 Dec 2011, 7:13 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Breach of Contract
14 Mar 2010, 6:00 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues