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A biological or adoptive family may be ordered to permit third-party visitation where necessary to avoid harm to the child
29 Sep 2010, 3:47 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A Royal Wedding: When The Odds Are So Certain the Bookies Are Not Even Taking Bets …
23 Sep 2010, 11:53 am by Clare Feikert-Ahalt
These were later given to the British Museum by his son King George IV, and are currently housed in the King's Library at St. [read post]
In Custodia Legis - http://blogs.loc.gov/law
The tides of change
9 Sep 2010, 8:05 pm
The best defense of its own record on judges, the Administration has decided, is to attack the other party's, in a tit for tat that raises the question of whether any judicial nomination can be considered on its merits for the foreseeable future, no matter who wins the election. [read post]
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
Unanimity as a Requirement of the Trial by Jury, from 1765 to the Late 1800s
9 Sep 2010, 6:57 pm by Eugene Volokh
St. [read post]
The Volokh Conspiracy - http://volokh.com
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for a new trial
24 Aug 2010, 6:17 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the elements of an inter vivos gift is the relinquishment by the donor of ownership and dominion over the subject matter of the gift
23 Aug 2010, 2:50 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The test for measuring the existence of a confidential relationship is whether the relations between the parties are of such a character of trust and confidence as to render it reasonably certain that the one party occupied a dominant position over the ot
23 Aug 2010, 2:47 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a Domestic Violence matter, in compelling circumstances, where a party’s ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited disc
23 Aug 2010, 1:02 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration of medical malpractice claims
18 Aug 2010, 10:27 am by PaulKostro
In the context of a contract of adhesion, the “subject matter” and the “parties’ relative bargaining positions” as well as public policies implicated are pertinent. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An order is distinguishable from a judgment
17 Aug 2010, 6:34 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
WUSTL law played key role in Kagan vetting
16 Aug 2010, 12:00 am
Drobak, JD, the George Alexander Madill Professor of Real Property & Equity Jurisprudence and professor of economics; D. [read post]
WUSTL School of Law News - http://news.wustl.edu/_layouts/WUSTL.SharePoint.WebParts/CustomFeed.aspx?xsl=1&web=/schools/Law&page=ffd03ae5-7e53-44de-89b3-4672f3ea5710&wp=afe32abc-2fc9-4eac-80d2-26a459662960
In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands embraces the principle that a court should not grant equitable relief to a party who is a wrongdoer with respect to the subject matter of the suit
12 Aug 2010, 8:42 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
Div. 2001) (quoting St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues