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Photographs as evidence
23 Aug 2009, 3:44 pm
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court jurisdiction in a divorce action
11 Aug 2009, 9:53 am
” Gosschalk v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If New Jersey was the children’s home state at the time of the initial custody determination, the court must consider whether, during the time between the initial order and the filing of the motion for modification, circumstances have changed so
11 Aug 2009, 9:42 am
Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant has the burden to presented evidence to support a claim of self-defense
10 Aug 2009, 10:00 am
See N.J.S.A. 2C:3-4; State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The term Book Value has no one fixed meaning; rather, the meaning of the phrase Book Value depends upon the construction of the specific language used in the particular instrument wherein that term is stated
10 Aug 2009, 9:46 am
Cohen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even where the child’s income is temporary or insufficient to render the child economically self-sufficient and justify emancipation, such income might be enough to constitute a change in circumstances that warrants a reduction in child support
6 Aug 2009, 10:04 am
Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right of a third party to garnish assets of a beneficiary of a spendthrift trust is limited to disbursements from the trust and if disbursements are wholly within the trustee’s discretion, the court may not order the trustee to make such dis
4 Aug 2009, 10:57 am
In addition, the party must also have sufficient contacts with the forum state to meet the fairness standard of International Shoe Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
Div. 1997) (stating “[u]nder the probable intent doctrine, New Jersey courts construe wills to ‘ascertain and give effect to the probable intention of the testator’”) (quoting Fidelity Union Trust Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
June 4, 1923 – The Supreme Court Decides Meyer v. Nebraska
2 Aug 2009, 9:57 am by rhapsodyinbooks
” (United States v. [read post]
Legal Legacy - http://legallegacy.wordpress.com
A N.J. trial court does not have the authority to transfer court proceedings to another state
30 Jul 2009, 1:02 pm
Pek v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The taking of a position in litigation that could be supported by a good faith argument for an extension, modification or reversal of existing law negates a claim for frivolous litigation
30 Jul 2009, 3:32 am
Semexant 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
General Global Week in Review 27 July 09 from IP Think Tank
27 Jul 2009, 7:18 am
: Whirlpool Corporation v Kenwood Ltd (IPKat) EWHC (Pat): EP 258 valid in Netherlands but not UK: Novartis AG and Cibavision AG v Johnson & Johnson Medical Ltd & Ors (IPKat) EWHC (QB): When lawfully seized items can’t be retained under s 22 Police and Criminal Evidence Act 1984 (1709 Copyright Blog) United States US General Obama IP vacancies (IP Frontline) Kappos confirmation hearing set for 29 July (IP Watchdog) (IAM) (Peter Zura's 271… [read post]
IP Thinktank - http://duncanbucknell.com/ipthinktank.blog
A claim is frivolous if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable
23 Jul 2009, 6:02 am
Law Lessons from Khoury v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Domestic Violence Act does not seek to protect only those who are involved in a sexual relationship and exclude those who are involved in fraternization
22 Jul 2009, 2:04 pm
Andrews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A jurisdiction that establishes a spousal support order retains continuing exclusive jurisdiction for the life of the order.
21 Jul 2009, 4:38 am
ANDREW PEK v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge may interrogate any witness to clarify the witness’s testimony, expedite a trial, prevent delay or waste of time, or help elicit facts
20 Jul 2009, 8:54 am
(citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate
20 Jul 2009, 8:43 am
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once a conflict of interest is determined to exist, the appropriate remedy is disqualification of the attorney
20 Jul 2009, 5:11 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Court’s review of an arbitration award is exceedingly deferential, and the award will be upheld if it is rationally inferable from the letter or purpose of the underlying agreement
15 Jul 2009, 8:57 am
Laser Vision, P.A. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues