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  • Commentaries
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New Jersey Case Commentaries

Baylass v. State of New Jersey: Probation Violations as Mitigating Factors in Sentencing

Baylass v. State of New Jersey: Probation Violations as Mitigating Factors in Sentencing

Date: Feb 8, 1989
Baylass v. State of New Jersey: Probation Violations as Mitigating Factors in Sentencing Introduction Baylass v. State of New Jersey, 114 N.J. 169 (1989), is a landmark case decided by the Supreme...
Ensuring Jury Impartiality in Capital Cases: Insights from State of New Jersey v. James Edward Williams

Ensuring Jury Impartiality in Capital Cases: Insights from State of New Jersey v. James Edward Williams

Date: Dec 9, 1988
Ensuring Jury Impartiality in Capital Cases: Insights from State of New Jersey v. James Edward Williams Introduction State of New Jersey v. James Edward Williams (113 N.J. 393) is a landmark decision...
Clarifying 'Own Conduct' and Diminished Capacity in Capital Murder: State of New Jersey v. Marie Moore

Clarifying 'Own Conduct' and Diminished Capacity in Capital Murder: State of New Jersey v. Marie Moore

Date: Oct 27, 1988
Clarifying 'Own Conduct' and Diminished Capacity in Capital Murder: State of New Jersey v. Marie Moore Introduction The case of State of New Jersey v. Marie Moore serves as a landmark decision in New...
Intent as a Constitutional Requirement for Capital Murder in New Jersey: State v. Walter M. Gerald

Intent as a Constitutional Requirement for Capital Murder in New Jersey: State v. Walter M. Gerald

Date: Oct 26, 1988
Intent as a Constitutional Requirement for Capital Murder in New Jersey: State v. Walter M. Gerald Introduction The case of State of New Jersey v. Walter M. Gerald (113 N.J. 40) presents a pivotal...
Presumption of Undue Influence in Parent-Child Asset Transfers and Attorney Conflict of Interest: Pascale v. Quality Tool Die Co., Inc.

Presumption of Undue Influence in Parent-Child Asset Transfers and Attorney Conflict of Interest: Pascale v. Quality Tool Die Co., Inc.

Date: Oct 18, 1988
Presumption of Undue Influence in Parent-Child Asset Transfers and Attorney Conflict of Interest: Pascale v. Quality Tool Die Co., Inc. Introduction Pascale v. Quality Tool Die Co., Inc. is a...
No Drop-Down Coverage Required for Excess Liability Policies upon Primary Insurer Insolvency – Werner Industries v. First State Insurance

No Drop-Down Coverage Required for Excess Liability Policies upon Primary Insurer Insolvency – Werner Industries v. First State Insurance

Date: Oct 12, 1988
No Drop-Down Coverage Required for Excess Liability Policies upon Primary Insurer Insolvency – Werner Industries v. First State Insurance Introduction In the case of Werner Industries, Inc. v. First...
Ensuring Fairness in Death Sentencing: Key Takeaways from State of New Jersey v. Teddy Rose

Ensuring Fairness in Death Sentencing: Key Takeaways from State of New Jersey v. Teddy Rose

Date: Sep 23, 1988
Ensuring Fairness in Death Sentencing: Key Takeaways from State of New Jersey v. Teddy Rose 1. Introduction State of New Jersey v. Teddy Rose (112 N.J. 454, 1988) is a landmark decision by the...
State v. Zola: Establishing the Necessity for Jury Conviction Beyond Reasonable Doubt in Capital Sentencing

State v. Zola: Establishing the Necessity for Jury Conviction Beyond Reasonable Doubt in Capital Sentencing

Date: Aug 17, 1988
State v. Zola: Establishing the Necessity for Jury Conviction Beyond Reasonable Doubt in Capital Sentencing Introduction The case of State of New Jersey v. James E. Zola, reported in 112 N.J. 384,...
Limits on Recovery for Emotional Distress and Punitive Damages in Wrongful Check Dishonor: Buckley v. Trenton Saving Fund Society

Limits on Recovery for Emotional Distress and Punitive Damages in Wrongful Check Dishonor: Buckley v. Trenton Saving Fund Society

Date: Aug 12, 1988
Limits on Recovery for Emotional Distress and Punitive Damages in Wrongful Check Dishonor: Buckley v. Trenton Saving Fund Society Introduction The case of Joseph E. Buckley, Jr. v. Trenton Saving...
Clarifying Recklessness in Manslaughter: NJ Supreme Court's Impact on Jury Instructions

Clarifying Recklessness in Manslaughter: NJ Supreme Court's Impact on Jury Instructions

Date: Aug 9, 1988
Clarifying Recklessness in Manslaughter: NJ Supreme Court's Impact on Jury Instructions Introduction The case of State of New Jersey v. Miguel Angel Concepcion (111 N.J. 373) adjudicated by the...
Enforcing Oral Employment Promises to Terminate Only for Cause: Shebar v. Sanyo

Enforcing Oral Employment Promises to Terminate Only for Cause: Shebar v. Sanyo

Date: Aug 5, 1988
Enforcing Oral Employment Promises to Terminate Only for Cause: Shebar v. Sanyo Introduction The case of Arthur SHEBAR v. SANYO BUSINESS SYSTEMS Corp. (111 N.J. 276, 1988) presents a pivotal...
Preservation of Jury Impartiality and Proper Sentencing Instructions: A Commentary on State of New Jersey v. James J. Koedatich

Preservation of Jury Impartiality and Proper Sentencing Instructions: A Commentary on State of New Jersey v. James J. Koedatich

Date: Aug 4, 1988
Preservation of Jury Impartiality and Proper Sentencing Instructions: A Commentary on State of New Jersey v. James J. Koedatich Introduction State of New Jersey v. James J. Koedatich is a landmark...
Establishing Juvenile Non-Eligibility for Capital Punishment: Analysis of State of New Jersey v. Marko Bey (I)

Establishing Juvenile Non-Eligibility for Capital Punishment: Analysis of State of New Jersey v. Marko Bey (I)

Date: Aug 3, 1988
Establishing Juvenile Non-Eligibility for Capital Punishment: Analysis of State of New Jersey v. Marko Bey (I) Introduction State of New Jersey v. Marko Bey (I), 112 N.J. 45 (1988), adjudicated by...
State v. Bey (II): Unanimous Jury Findings on Mitigating Factors Undermine Fair Sentencing Balancing in Capital Cases

State v. Bey (II): Unanimous Jury Findings on Mitigating Factors Undermine Fair Sentencing Balancing in Capital Cases

Date: Aug 3, 1988
State v. Bey (II): Unanimous Jury Findings on Mitigating Factors Undermine Fair Sentencing Balancing in Capital Cases Introduction In the landmark case of State of New Jersey v. Marko Bey (II),...
Lamb v. Global Landfill: Expanding the Scope for Late Notice of Claim in Toxic Tort Litigation

Lamb v. Global Landfill: Expanding the Scope for Late Notice of Claim in Toxic Tort Litigation

Date: Jul 20, 1988
Lamb v. Global Landfill: Expanding the Scope for Late Notice of Claim in Toxic Tort Litigation Introduction Case: Bernard Lamb et al., Plaintiffs-Appellants v. Global Landfill Reclaiming et al.,...
Protective Searches Without Probable Cause: Analysis of State v. Thomas (110 N.J. 673)

Protective Searches Without Probable Cause: Analysis of State v. Thomas (110 N.J. 673)

Date: Jul 1, 1988
Protective Searches Without Probable Cause: Analysis of State v. Thomas (110 N.J. 673) Introduction In the landmark case of State of New Jersey v. Isaac Thomas, 110 N.J. 673 (1988), the Supreme Court...
Affirming the Authority of C(2) Variances in Advancing Zoning Purposes: Kaufmann v. Planning Board of Warren Township

Affirming the Authority of C(2) Variances in Advancing Zoning Purposes: Kaufmann v. Planning Board of Warren Township

Date: Jun 22, 1988
Affirming the Authority of C(2) Variances in Advancing Zoning Purposes: Kaufmann v. Planning Board of Warren Township Introduction Richard Kaufmann and Laura Kaufmann v. Planning Board for the...
Establishing Limits on the New Jersey Consumer Fraud Act: Meshinsky v. Nichols Yacht Sales

Establishing Limits on the New Jersey Consumer Fraud Act: Meshinsky v. Nichols Yacht Sales

Date: Jun 3, 1988
Establishing Limits on the New Jersey Consumer Fraud Act: Meshinsky v. Nichols Yacht Sales Introduction Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464 (1988) is a pivotal case decided by the...
DIXON v. RUTGERS: Balancing Academic Confidentiality and Anti-Discrimination Enforcement

DIXON v. RUTGERS: Balancing Academic Confidentiality and Anti-Discrimination Enforcement

Date: May 26, 1988
DIXON v. RUTGERS: Balancing Academic Confidentiality and Anti-Discrimination Enforcement Introduction The case of DIXON v. RUTGERS, decided by the Supreme Court of New Jersey on May 25, 1988,...
Preservation of Miehl Immunity for Snow-Removal Activities under the NJ Tort Claims Act

Preservation of Miehl Immunity for Snow-Removal Activities under the NJ Tort Claims Act

Date: May 24, 1988
Preservation of Miehl Immunity for Snow-Removal Activities under the NJ Tort Claims Act Introduction The case of Alexander Rochinsky and Mary Rochinsky v. State of New Jersey, Department of...
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