Search for: "State v. Roselle" Results 41 - 60 of 393
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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
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
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
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
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
Discredited testimony is not considered a sufficient basis for drawing a contrary conclusion
14 Sep 2009, 2:49 pm
Consumers Union of United States, Inc., 466 U.S. 485, 512 (1984) (citation omitted); see also Eckenrode 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
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
Breach of Contract
14 Mar 2010, 6:00 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
See also, State 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
Affirmative defense to assault
13 May 2012, 5:13 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
19 Jul 2010, 2:53 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the expert has not relied upon hearsay evidence in formulating an opinion, that evidence may not be utilized on cross-examination
9 Oct 2009, 12:44 pm
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues