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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
See also Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A provision of a contract can be modified orally or by conduct even if the agreement requires that all modifications be in writing
28 Sep 2009, 9:57 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The commission of a predicate act does not automatically require that a restraining order be issued
19 Jul 2010, 3:35 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
APPLICATION FOR COMMUTATION OF DEATH SENTENCE TO LIFE IN PRISON - JAMES CLARK TEXAS - RETARDATION
10 Apr 2007, 1:18 am
Supreme Court case Atkins v. [read post]
Lethal Injection - http://lethal-injection-florida.blogspot.com/
Recent Articles of Interest
30 Mar 2015, 4:00 am by Howard Friedman
Hodges; DeBoer v. [read post]
Religion Clause - http://religionclause.blogspot.com/
Recent Prisoner Free Exercise Cases
29 Apr 2018, 6:00 am by Howard Friedman
Prince George's County Department of Corrections, 2018 U.S. [read post]
Religion Clause - http://religionclause.blogspot.com/
McCorquodale & Gauci: British Influences on International Law, 1915-2015
24 Aug 2016, 3:01 am
Anne Marie Brennan, Historical Reflections on the Criminalisation of Terrorism under International Law from the League of Nations to R v. [read post]
International Law Reporter - http://ilreports.blogspot.com/
The filing of a bankruptcy petition stays adjudication of equitable distribution in a divorce proceeding if the property to be distributed is the property of the bankruptcy estate
14 Oct 2010, 12:58 pm by PaulKostro
Clark v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant’s right to challenge, by cross-examination, the allegations brought against him in a domestic violence proceeding is critically important
12 Aug 2010, 8:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Long-term reconciliation of the parties can serve to nullify a domestic violence restraining order
22 Mar 2010, 12:54 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is proper for the court to find no basis to impute additional income to defendant over and above her Social Security Disability benefit, if plaintiff presented no evidence rebutting the defendant’s prima facie showing of her inability to work
26 May 2010, 9:54 am by PaulKostro
(citing Golian v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Recent Articles of Interest
13 Feb 2017, 4:00 am by Howard Friedman
From SSRN:Andrew Koppelman, If Liberals Knew Themselves Better, Conservatives Might Like Them Better, (20 Lewis & Clark L. [read post]
Religion Clause - http://religionclause.blogspot.com/
No Sovereign Immunity for the Texas Land Commissioner
12 Dec 2019, 5:44 am by Charles Sartain
State of Texas v. [read post]
Energy & the Law - http://www.energyandthelaw.com
Witnesses, other than experts, cannot testify unless they have personal knowledge of the matter
14 May 2010, 10:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Any settlement offer made before trial is inadmissible at trial
23 Aug 2010, 2:12 pm by PaulKostro
Law Lessons from WILLIAM ENRIQUE AGRAIT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As between two people in a dating relationship, there is no presumption that payments made by one to, or on behalf of, the other are gifts
29 Apr 2010, 9:04 am by PaulKostro
See Weisberg v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of joint venturers, like that of partners, is one of trust and confidence
12 Aug 2010, 8:45 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Facts not appearing of record or not judicially noticeable must be submitted to the court by affidavits or certifications made on personal knowledge
20 Jul 2009, 5:28 am
Law Lessons from Bixby v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues