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An abuse of discretion arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis
13 Apr 2012, 7:51 am by PaulKostro
See Gotlib v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of support is within the discretion of the trial court; and it will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to the evidence, or the result of whim or caprice
7 Jul 2010, 8:23 am by PaulKostro
Cesare v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There are probably few assets whose valuation imposes as difficult, intricate and sophisticated a task as interests in close corporations
27 Jul 2010, 9:41 am by PaulKostro
[Rothman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A relationship between a child and parent should be curtailed by the court only when in the child’s best interests and not as a means to punish a parent or coerce a parent’s compliance with a court order
23 May 2012, 9:52 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a probate action, allowance may be made for legal fees out of decedent’s estate even if probate is refused
27 Jan 2010, 7:55 am by PaulKostro
Law Lessons from TATIANA ROSSIUS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Shrinking Fourth Amendment: Heien v. North Carolina
9 Jun 2015, 9:01 pm by Sherry F. Colb
In the Court’s words in Hudson v. [read post]
Verdict - http://verdict.justia.com/
Stipulations made by attorneys when acting within the scope of their authority are enforceable against their clients
15 Apr 2010, 8:55 am by PaulKostro
Advocate v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge must weigh the privacy interest against the demonstrated need of the party seeking income tax returns
18 Mar 2010, 10:37 am by PaulKostro
HART V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Summary Judgment appellate review
12 Jul 2010, 9:05 am by PaulKostro
Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Business records exception to the hearsay rule
13 Dec 2011, 7:09 am by PaulKostro
Hosp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact
30 Jun 2010, 1:32 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The essential element in a claim of a breach of the good faith obligation is a finding of improper motive
23 Mar 2012, 7:22 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When custody is at issue, the court may on its own motion or at the request of a litigant conduct an in camera interview with the child
13 Jul 2010, 9:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A hearing on a custody dispute should be scheduled no later than six months after the filing of the last responsive pleading
13 Oct 2010, 12:28 pm by PaulKostro
Law Lessons from YOLANDA McCAIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse
30 Jan 2012, 11:58 am by PaulKostro
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: The U.S. Supreme Court addresses strip searches in schools
25 Jun 2009, 8:09 am
Safford United School District No. 1 v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court can set aside the amount of the child support payments provided in a settlement agreement if they are unjust, oppressive and inequitable, and instead imposed child support payments in accordance with the Child Support Guidelines
1 Mar 2010, 7:46 am by PaulKostro
Law Lessons from CHRISTOPHER ANDREACI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court of this State has jurisdiction to make an initial custody determination only if N.J. is the home state of the child on the date of the commencement of the proceeding
11 Feb 2010, 9:18 am by PaulKostro
Law Lessons from DEBORAH DOLL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.
20 Apr 2017, 11:05 am by MBettman
State v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
[Cosme v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues