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Because of the favored status afforded to arbitration, an agreement to arbitrate should be read liberally in favor of arbitration
8 Feb 2010, 9:42 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Appellate Division has the ability to make factual findings when necessary on appeal
30 Mar 2011, 4:08 pm by PaulKostro
Law Lessons from STATE OF NEW JERSEY v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial court decisions to admit other-crimes evidence will not be reversed absent a finding of abuse of discretion
13 Jun 2011, 12:41 pm by PaulKostro
Law Lessons from State of New Jersey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Eyewitness identification evidence — how reliable is it?
29 Jun 2010, 10:39 am by PaulKostro
See: REPORT OF THE SPECIAL MASTER in 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
To be guilty of contempt of an FRO, a person must purposely or knowingly violate any provision in the FRO
18 Aug 2010, 7:04 am by PaulKostro
[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
The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct
19 Jul 2010, 3:26 pm by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a motion to dismiss, based on failure to state a claim upon which relief can be granted, includes matters outside the pleadings, it shall be treated as one for summary judgment
19 Oct 2011, 8:48 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Witnesses, other than experts, cannot testify unless they have personal knowledge of the matter
14 May 2010, 10:13 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Calculating an award of attorneys’ fees pursuant to state statutory fee-shifting provisions begins with determining the lodestar; the lodestar is derived by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate
31 Jan 2012, 3:15 pm by PaulKostro
Walker v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An out-of-state litigant must file a complaint contesting a will within six months of probate
13 Dec 2010, 9:17 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The responsibility to determine whether any particular judge should be disqualified rests with that particular judge
22 Apr 2010, 7:36 am 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 “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
Without a specific claim of error supported by record references and relevant law, the appellate court cannot properly consider an appeal
16 Aug 2011, 8:44 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: A District Attorney in Pennsylvania was enjoined from bringing criminal charges in retaliation for the refusal to attend an education program following an alleged sexting incident
18 Mar 2010, 8:24 am by PaulKostro
MILLER v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law affords particular leniency to agreements made in the domestic arena and similarly allows judges greater discretion when interpreting these agreements
1 Dec 2009, 2:12 pm
Div., A-3184-08T1, December 1, 2009: As stated in Massar v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the court has made findings of fact and conclusions of law explaining its disposition of a motion, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered
23 Jul 2010, 10:04 am by PaulKostro
’” Curtis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The grant or denial of an adjournment request rests within the discretion of the trial court
15 Oct 2010, 1:38 pm by PaulKostro
” In re Segal, 130 N.J. 468, 482 (1992) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues