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A party who has been deprived of the exercise of his or her free will by way of moral compulsion or psychological pressure cannot provide the consent necessary to enter into a valid contract
21 Mar 2012, 7:30 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
U.S. v. Watson (9th Cir. - Sept. 23, 2009)
23 Sep 2009, 1:29 pm
(I smiled when Judge Clifton explained in footnote 2 of the opinion: "Marin is the county immediately north of San Francisco, across the Golden Gate Bridge. [read post]
California Appellate Report - http://calapp.blogspot.com/
As the court divides a couple’s marital assets, it must also take into account the liabilities of the parties
10 May 2010, 9:12 am by PaulKostro
” Monte v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To meet the burden of general acceptability, the proponent of the scientific evidence must prove that the technology is a non-experimental, demonstrable technique that the relevant scientific community widely, but perhaps not unanimously, accepts as relia
23 Jun 2010, 3:35 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of a support obligation is not warranted if the change in circumstances is only temporary or is expected but has not yet occurred
4 Mar 2010, 10:20 am by PaulKostro
” Lepis 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
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Commission of one of the predicate acts of domestic violence does not, on its own, automatically warrant the issuance of a domestic violence restraining order
4 Apr 2011, 2:57 pm by PaulKostro
Law Lessons from S.P. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Distinguishing between the ordinary disputes, disagreements, and irritations common in a domestic relationship, and those actions that cross the line into domestic violence
19 Nov 2011, 7:40 am by PaulKostro
J.D. v. [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
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an appellant’s notice of appeal only designates an order denying reconsideration, appellant is not entitled to review of the earlier order
2 Nov 2010, 10:33 am by PaulKostro
Compagna v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the context of custody and parenting issues, notwithstanding a settlement agreement that addresses those issues, disputes may trigger the need for a family judge, acting as parens patriae, to prevent harm and protect the best interests of children
25 Feb 2011, 3:07 pm by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anticipatory repudiation
12 Jul 2012, 12:50 pm by PaulKostro
” Cipala v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judge Sciarrino Makes Us LOL
25 Apr 2012, 7:08 pm by legalinformatics
§240.20[5]) after allegedly marching on to the roadway of the Brooklyn Bridge. [read post]
Legal Informatics Blog - http://legalinformatics.wordpress.com
In a legal malpractice case, the plaintiff must prove that but for defendant’s negligence she would have won her case
3 May 2011, 6:08 am by PaulKostro
See Jerista v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Failure to provide the complete transcript may result in dismissal of an appeal
6 Jan 2012, 9:12 am by PaulKostro
MUNZO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In removal cases, where the custodial parent seeks to relocate the child, the court considers the interests of the parents and the child
22 Jul 2010, 8:51 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the Hague Convention provides that a wrongfully removed or retained child must be returned to the home state in the U.S.
22 Feb 2011, 7:48 am by PaulKostro
GOLDMAN v. [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
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Termination for “medical incompetence” based on 219 days of absence in a two-year period
22 Mar 2010, 3:34 am
Termination for “medical incompetence” based on 219 days of absence in a two-year periodDep't of Correction v. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/