New Jersey Case Commentaries

Clarification of Death-Qualification and Aggravating Factors in Capital Cases: State v. Donald Loftin

Date: Aug 9, 1996

Clarification of Death-Qualification and Aggravating Factors in Capital Cases: State v. Donald Loftin Introduction State of New Jersey v. Donald Loftin is a pivotal case decided by the Supreme Court...

Sentencing Uniformity and Prosecutorial Conduct in STATE OF NEW JERSEY v. WINSTON ROACH

Date: Aug 8, 1996

Sentencing Uniformity and Prosecutorial Conduct in State of New Jersey v. Winston Roach Introduction State of New Jersey v. Winston Roach, 146 N.J. 208 (1996), is a landmark decision by the Supreme...

Affirmation of Attorney General's Retroactive Authority in Involuntary Civil Commitment Proceedings

Date: Aug 7, 1996

Affirmation of Attorney General's Retroactive Authority in Involuntary Civil Commitment Proceedings Introduction In the MATTER OF D.C. (146 N.J. 31) is a landmark decision by the Supreme Court of New...

Supreme Court of New Jersey Upholds Inclusion of Nonconviction Offenses and Documentary Hearsay in Megan's Law Tier Classification

Date: Aug 1, 1996

Supreme Court of New Jersey Upholds Inclusion of Nonconviction Offenses and Documentary Hearsay in Megan's Law Tier Classification Introduction In the landmark case In the Matter of the Registrant,...

Impeachment of Defendant's Credibility Using Illegally Obtained Statements: State of New Jersey v. Kristina Burris

Date: Jul 25, 1996

Impeachment of Defendant's Credibility Using Illegally Obtained Statements State of New Jersey v. Kristina Burris, 145 N.J. 509 (1996) Introduction In State of New Jersey v. Kristina Burris, the...

New Jersey Supreme Court Establishes Precedence on Choice-of-Law in Products Liability Cases

Date: Jul 24, 1996

New Jersey Supreme Court Establishes Precedence on Choice-of-Law in Products Liability Cases Introduction The case of GANTES v. KASON CORPoration, decided on July 23, 1996, by the Supreme Court of...

Substantial Factor Test Established in Conklin v. Weisman: Redefining Proximate Cause in Legal Malpractice

Date: Jul 19, 1996

Substantial Factor Test Established in Conklin v. Weisman: Redefining Proximate Cause in Legal Malpractice Introduction Conklin v. Weisman, decided by the Supreme Court of New Jersey on July 18,...

Separate Trials Mandated When Joinder Prejudices in Domestic Violence and Terroristic Threats Cases

Date: Jul 18, 1996

Separate Trials Mandated When Joinder Prejudices in Domestic Violence and Terroristic Threats Cases Introduction The case of State of New Jersey v. Aurelio Chenique-Puey, decided on July 17, 1996, by...

Jury Trial Rights in Marital Tort Claims: Insights from BRENNAN v. ORBAN

Date: Jul 17, 1996

Jury Trial Rights in Marital Tort Claims: Insights from BRENNAN v. ORBAN Introduction Mary Brennan v. Joseph S. Orban, Jr. is a pivotal case decided by the Supreme Court of New Jersey on July 16,...

STATE v. KNIGHT: Retroactive Application of STATE v. SANCHEZ Enhances Defendant's Right to Counsel

Date: Jul 12, 1996

STATE v. KNIGHT: Retroactive Application of STATE v. SANCHEZ Enhances Defendant's Right to Counsel Introduction In the landmark case State of New Jersey v. Curtis Knight, the Supreme Court of New...

Diaz v. State: Non-Merger of Firearm Possession and Manslaughter Convictions

Date: Jul 4, 1996

Diaz v. State: Non-Merger of Firearm Possession and Manslaughter Convictions Introduction In the landmark case of State of New Jersey v. Demetrius M. Diaz, decided on July 3, 1996, the Supreme Court...

State v. RasheedMuhammad: Upholding the Victim Impact Statute in Capital Sentencing

Date: Jun 29, 1996

State v. RasheedMuhammad: Upholding the Victim Impact Statute in Capital Sentencing Introduction State of New Jersey appealed the constitutionality of the state's victim impact statute, N.J.S.A....

Imposition of Liability on Municipalities for Regional Authority Debts: Analysis of Wanaque Borough Sewerage Authority v. Township of West Milford

Date: Jun 27, 1996

Imposition of Liability on Municipalities for Regional Authority Debts: Analysis of Wanaque Borough Sewerage Authority v. Township of West Milford Introduction The case of Wanaque Borough Sewerage...

Clarifying Operator Liability Under New Jersey's Ski Statute: Insights from BRETT v. GREAT AMERICAN RECREATION

Date: Jun 14, 1996

Clarifying Operator Liability Under New Jersey's Ski Statute: Insights from BRETT v. GREAT AMERICAN RECREATION Introduction The case of Patrick Brett and Elisa Ramundo, Plaintiffs-Respondents, v....

General Accident Insurance Company Precluded from Enforcing Arbitration Clause in UIM Endorsement

Date: Jun 13, 1996

General Accident Insurance Company Precluded from Enforcing Arbitration Clause in UIM Endorsement Introduction In Martin S. Zirger v. General Accident Insurance Company, 144 N.J. 327 (1996), the...

Employment Status Determines Wrongful Discharge Protections: MacDougall v. Weichert

Date: Jun 11, 1996

Employment Status Determines Wrongful Discharge Protections: MacDougall v. Weichert Introduction In the landmark case of John W. MacDougall v. Weichert Co., Realtors, the Supreme Court of New Jersey...

Prosecutorial Duty to Present Clearly Exculpatory Evidence to the Grand Jury: Analysis of State v. Hogan

Date: May 24, 1996

Prosecutorial Duty to Present Clearly Exculpatory Evidence to the Grand Jury: Analysis of State v. Hogan Introduction State of New Jersey v. Benny Hogan, Jr., 144 N.J. 216 (1996), is a landmark...

Limitation of Strict Liability for Component Manufacturers under N.J.S.A. 2A:58C in Zaza v. Marquess and Nell, Inc.

Date: May 10, 1996

Limitation of Strict Liability for Component Manufacturers under N.J.S.A. 2A:58C in Zaza v. Marquess and Nell, Inc. Introduction The case of Zaza v. Marquess and Nell, Inc. (1996) adjudicated by the...

N.J.S.A. 18A:29-4.1 Limits on Post-Expiration Salary Increments in Education Contracts

Date: May 9, 1996

N.J.S.A. 18A:29-4.1 Limits on Post-Expiration Salary Increments in Education Contracts Introduction In the landmark case Board of Education of the Township of Neptune v. Neptune Township Education...

Continuing Tort Doctrine and Statute of Repose in Construction-Related Flood Damage: Russo Farms v. Vineland Board of Education

Date: May 8, 1996

Continuing Tort Doctrine and Statute of Repose in Construction-Related Flood Damage: Russo Farms v. Vineland Board of Education Introduction Russo Farms, Inc., et al. v. Vineland Board of Education,...

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