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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 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
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
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
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
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
Excusable neglect under Rule 4:50-1 has been defined as carelessness attributable to an honest mistake that is compatible with due diligence or reasonable prudence
27 Apr 2010, 8:33 am by PaulKostro
Eaton v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A substantial likelihood of some harm visited upon the plaintiff in the event of an unfavorable decision is needed for the purposes of standing
16 Feb 2010, 10:10 am by PaulKostro
New Jersey State Chamber of Commerce [v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding
30 Nov 2010, 9:55 am by PaulKostro
RYBA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Million Clinical Multiaxial Inventory-III (MCMI-III) test
29 Apr 2010, 9:34 am by PaulKostro
State Parole Bd., 166 N.J. 113, 160 (2001). [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
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
NAVIN 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
A defendant cannot escape the consequences of his conduct by contending that he was merely angry
7 Mar 2011, 8:00 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Often, the most important aspect of the court’s findings and conclusions on a close case of harassment is the history of abuse in the relationship
6 May 2010, 11:24 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications
7 Apr 2010, 8:42 am by PaulKostro
”), rev’d on other grounds, State 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
The right to a speedy trial
15 Dec 2009, 7:42 am
STATE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues