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The constitutional right to effective assistance of counsel has no application in civil proceedings
16 Jun 2010, 10:30 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate
20 Jul 2009, 8:43 am
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation
25 Feb 2010, 9:04 am by PaulKostro
Guliadis, 128 N.J. 318, 322 (1992) (holding that plenary hearings are required when there are “contested issues of material fact on the basis of conflicting affidavits”); see also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collins on Theodore Schroeder's Defense of Free Speech
8 May 2013, 10:00 am by Dan Ernst
United States. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
Nintendo ruling confirmed lex specialis nature of Software Directive:does this have implications for UsedSoft exhaustion?
26 Jan 2014, 7:42 am
Put your new nail polish on ...Earlier this week the Court of Justice of the European Union (CJEU) issued its decision in Case C-355/12 Nintendo v PC Box [here], in which it held that - in certain circumstances - it may be lawful to circumvent a protection system. [read post]
IPKat - http://ipkitten.blogspot.com/
In order for a court to find that a defendant committed an act of harassment, the court must find that the person had a conscious objective to harass the plaintiff
20 Oct 2009, 9:00 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The New Jersey Uniform Child Custody Jurisdiction and Enforcement Act
16 Feb 2010, 10:26 am by PaulKostro
Law Lessons from OSMAN KHAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the Affidavit of Merit should be filed within sixty days of the filing of the answer, if the affidavit is provided within sixty-one to 120 days after the answer is filed, it will be deemed timely so long as leave to file is sought and good cause
29 Jun 2010, 8:05 am by PaulKostro
Paragon Contractors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the alleged victim of domestic violence seeks a restraining order as the principal claim for relief, the right to trial by jury does not attach
19 Jun 2009, 1:39 pm
State Bar Ass’n v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for rehearing or reconsideration
23 Jul 2010, 9:53 am by PaulKostro
Law Lessons from SHERYL DENICOLA, n/k/a SHERYL HYER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In custody cases, the court must focus on the safety, happiness, physical, mental and moral welfare of the children
9 Jul 2009, 8:49 am
Div. 2007), the court stated: In custody cases, it is well settled that the court’s primary consideration is the best interests of the children. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the Supreme Court w/c 26th March 2012
26 Mar 2012, 8:31 am by Laura Sandwell, Matrix.
On Monday 26 March 2012 are the appeals from the Supreme Court of Mauritius of Dookee  v The State of Mauritius and anor and Sakoor Patel and ors v Anandsing Beenessreesing and Sicom Ltd. [read post]
UK Supreme Court Blog - http://ukscblog.com/
A property settlement agreement can create rights in an alternate payee and can satisfy the requirements of a QDRO
17 Sep 2009, 8:48 am
Ross v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Nestlé v Cadbury: on mixing and matching grounds for exclusion under Article 3(1)(e) Trade Marks Directive
9 Sep 2015, 2:49 am
Advocate General Szpunar, in his opinion in Hauck, states at the referred to passage (emphasis added):99. [read post]
IPKat - http://ipkitten.blogspot.com/
Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the
28 Oct 2009, 10:21 am
See, e.g., State Troopers Fraternal Ass’n of N.J., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When given for consideration, a promissory note is the equivalent of a contract to pay money
19 Feb 2010, 2:08 pm by PaulKostro
Massar v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is rarely an easy answer or even an entirely satisfactory one when a noncustodial parent objects to a child’s relocation
7 May 2010, 9:20 am by PaulKostro
Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Longest Personal Injury Case in Ontario’s History? Davies v. The Corporation of the Municipality of Clarington, 2018 ONSC 4370 (CanLII)
27 Jul 2018, 6:50 am by Goldfinger Injury Lawyers
The purpose of this entry of the Toronto Injury Lawyer Blog is to focus on a rather long personal injury case called Davies v. [read post]
Toronto Injury Lawyer Blog - http://www.torontoinjurylawyerblog.com/
What constitutes a Rooming/Boarding House?
15 Dec 2009, 7:07 am
" State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues