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An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What’s up in the 8th
15 Dec 2009, 3:53 am by Russ Bensing
Hudson. [read post]
The Briefcase - http://briefcase8.com
Even if you believe that your religion allows you to have unconsented sexual contact with your spouse, such action is domestic violence
23 Jul 2010, 9:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To determine the reasonableness of attorney’s fees, the judge must first calculate the lodestar, which is the amount of hours reasonably expended by the prevailing party’s attorney, multiplied by a reasonable hourly rate; further, the judge must determine
3 Mar 2010, 12:39 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent seeks to modify custody, the parent must demonstrate changed circumstances that affect the welfare of the children
10 Aug 2009, 10:07 am
Hand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence
3 Feb 2010, 7:34 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
TRIFFIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judgment involving custody of minor children may be modified at any time upon the ground of changed circumstances
3 Aug 2010, 1:51 pm by PaulKostro
SHANKS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The standard for modification of a child support obligation is changed circumstances
14 Oct 2009, 8:57 am
PAPA 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
The Government’s attachment of the GPS device to a vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment
23 Jan 2012, 10:09 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
E.D. Mich.: Officer's statement in SW affidavit that they could see in the apartment from hallway was false, so no PC
23 Feb 2009, 2:59 am
"'Suppression of evidence ... has always been our last resort, not our first impulse.' Hudson v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
The requisite elements of an inter vivos gift
10 Aug 2010, 9:16 am by PaulKostro
Czoch v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NM: 10-12 second wait for entry after knock-and-announce at 10 pm on a house was unreasonable
18 Jul 2010, 9:02 pm
Clearly a product of Hudson v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
[Eugene Volokh] Personalized License Plates (e.g., 69PWNDU) Are Private Speech
1 Jun 2023, 5:16 pm by Eugene Volokh
Dix, and David Hudson, Jr., who represent plaintiff. [read post]
The Volokh Conspiracy - http://www.volokh.com/
In addition to paternity testing, fatherhood may be demonstrated through a psychological relationship
14 May 2012, 3:44 am by PaulKostro
See M.F. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue
24 Feb 2010, 12:41 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once a prima facie showing of changed circumstances has been made, the standard that governs the setting of a new child support order is the same standard that applies at the time of the original judgment of divorce
9 Nov 2009, 6:22 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When parties to a contract have not agreed in respect of a term that is essential to a determination of their rights and duties, a term that is reasonable in the circumstances is supplied by the court
22 Oct 2010, 9:24 am by PaulKostro
See Capanear v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A brief hiatus between high school and college is commonplace and does not necessarily move a child beyond the sphere of influence and responsibility exercised by a parent
1 Jan 2010, 10:46 am by PaulKostro
ZUPPICHINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues