Questions tagged [new-jersey]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New Jersey.

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Items that a thief wasn't expecting --- does it count as theft of that item?

In New Jersey, according to the Defense Against Porch Pirates Act (https://pub.njleg.gov/bills/2020/A4000/3870_I1.HTM), if someone steals a package that includes certain things (such as research ...
babu_babu's user avatar
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1 answer
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Adding Previous Tenant's Name to PSEG Bill for School Enrollment

The previous tenant wants me to add her name to my PSEG bill so her daughter can stay in the neighborhood school. It seemed a bit odd to me, any legal red flags I should be aware of?
Maryam's user avatar
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2 votes
0 answers
55 views

What is necessary to restart NJ's rebate program for electric vehicles?

NJ has a program which provides a substantial rebate on the purchase or lease of an electric vehicle. I had learned that NJ had paused the program effective November 21st of 2023 due to the relevant ...
Pyrotechnical's user avatar
11 votes
3 answers
7k views

Do companies have the legal right to reduce your salary?

Let's say you signed an "At will" employment contract. And then lets say the company you work for has a 30% reduction in revenue. Can the company just reduce everyone in the company's salary ...
user55665484375's user avatar
1 vote
0 answers
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Can penalties for civil wrongs be retroactively increased by law?

This question is similar in nature to this one, however, my focus is on environmental law which is typically enforced via civil penalties. Recently, the State of NJ passed something called the ...
Pyrotechnical's user avatar
0 votes
1 answer
159 views

NJ Probate - When to sign a refunding bond and release form?

New Jersey probate: Does a refunding bond and release form have to be signed BEFORE assets can be transferred from the estate to the beneficiaries? It seems odd since the beneficiary is acknowledging ...
Steph's user avatar
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2 votes
4 answers
293 views

Legality if breaking in for medical reasons?

For anyone who has watched House you'll know there is a continuous theme of the doctors breaking into patients homes to look for toxins and possible environmental causes for their illness. Their ...
Ethan's user avatar
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8 votes
3 answers
2k views

How can I ensure I am contacted when a specific relative dies or is hospitalised?

I have an Uncle in declining years that lives a state or two away. Is there any protocol for having local emergency services call my cell should my Uncle be taken to hospital, becomes unconscious, ...
paulj's user avatar
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1 answer
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Where can I find the tax waiver rules for New Jersey?

A person dies in the state of New Jersey. When do you have to file form L-4? Note: It seems to me that if all the beneficiaries are class A then there is no real need to file form L-4 because there is ...
Bob's user avatar
  • 1,163
1 vote
0 answers
65 views

fighting a parking ticket in NJ

I received a parking ticket for overnight parking on a public street in NJ. The municipality apparently has an ordnance against overnight parking but there was no signage on the roads. I believe NJ ...
John5x5jh's user avatar
1 vote
1 answer
527 views

Form L-8 and Death in New Jersey

Consider the following hypothetical case. A parent dies, in 2023, leaving all his money to his daughter in the state of New Jersey. His sole assets are two brokerage account worth 2 million dollars ...
Bob's user avatar
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1 vote
1 answer
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Selling a house inside an estate

The XYZ person dies and the will says that all the assets of XYZ goes into a trust. The estate of the XYZ person includes a house. Under what circumstances, if any, can the executor of the XYZ estate ...
Bob's user avatar
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Gifting money to an Estate

Can you make a gift to a person after they die? That is, can you give money to an estate? Are there any particular disadvantages to doing so? I am thinking of the case where the estate is leaving ...
Bob's user avatar
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1 vote
1 answer
39 views

Asset protect trust and final expensers

A parent dies and leaves all his/her money to his/her adult child into an asset protection trust. The adult child wants to see as much money as possible in the trust. Hence he personally pays for the ...
Bob's user avatar
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Does this small probate estate require probate?

A person dies with a probate estate of about $9,000 and 8 million dollars inside a living revocable trust. I would not call this a small estate but I would call it a small probate estate. In this case,...
Bob's user avatar
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3 votes
1 answer
720 views

Does this require probate?

Let's assume that Bob and Abby are a married couple. Bob's will leaves everything to Abby. Bob has a brokerage account solely in his name with no TOD on the account. Bob then dies. It is my ...
Bob's user avatar
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9 votes
2 answers
3k views

How do you check the legality of a new business model?

How do you check the legality of a new business model to make sure it will be legal, and you won't be running afoul of some law you have no idea of?
user3000992's user avatar
2 votes
1 answer
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Who gets to see the living revocable trust documents when a person dies?

Suppose that person X has setup a living revocable trust and his or her will leaves everything to the trust. The trust controls who gets the assets after person X dies. After some time, person X dies. ...
Bob's user avatar
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3 votes
2 answers
139 views

Who gets to see the will when somebody dies

When somebody dies, who has the right to see the will? I am thinking the executor does and all the beneficiaries do. Does a contingent beneficiary have the right to see the will? Is there anybody else ...
Bob's user avatar
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2 votes
1 answer
70 views

Is the Howey test pertaining to the source of profits or the receiving of profits?

The Howey test states: "investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others" Is this "profits to be derived from ...
user3000992's user avatar
6 votes
1 answer
304 views

Would a poker buyin share voucher be a "security"?

Hello I am trying to learn more about securities and really confused by the laws regarding unregistered securities in the US. NJ state if that helps too. I made a scenario and I am needing help to ...
user3000992's user avatar
3 votes
1 answer
111 views

Suspect's Right to Privacy in Court

If no charges have been filed, do courts have any responsibility to protect a suspect's privacy during an investigation? Example below. Let's say this is in New Jersey, United States. Mrs. X is under ...
user75575's user avatar
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3 votes
1 answer
64 views

Medical POA and a Home Health Aid

Imagine a standard POA for medical has been given to an adult son for his parent to become effective when the parent cannot speak for him/her self. It has been determined by several doctors that the ...
Bob's user avatar
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1 vote
2 answers
95 views

What counts as a medical facility?

A certain POA for medical document gives an adult son the right to move his parent to medical facility. Would a assisted living place count as a medical facility? Is there a precise legal definition ...
Bob's user avatar
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6 votes
3 answers
875 views

What is the Maximum Sentence for Contempt of Court? (USA)

Is there a maximum sentence that a New Jersey Superior Court Judge can impose on someone for contempt of court? I understand that there are different types of contempt of court, so here's a made-up ...
user75575's user avatar
  • 127
7 votes
3 answers
2k views

Made aware of a utility easement a year on

Assume that around 1911 a utility sewer is laid down on private land with an easement that was limited “until a public sewer pipe be built”, with the document being properly filed. Such a construction ...
Sarah's user avatar
  • 89
3 votes
1 answer
43 views

Trading authority and incapacitation

Person X gives Person Y the authority to trade person's X brokerage account and to take money out of the account for the benefit of person X. It is not a durable power. After some time, person Y has ...
Bob's user avatar
  • 1,163
2 votes
1 answer
82 views

Changing a Will

Person XYZ goes to an attorney and hires to the attorney to draw up a will. The attorney produces the will and it is signed. After several years, the person goes back to the attorney and asks the ...
Bob's user avatar
  • 1,163
3 votes
1 answer
149 views

Is this a conflict of interest for the lawyer

A lawyer, in the united states, is hired by person X to prepare her will and a medical directive giving her son the power to speak for her on medical issues (e.g. a POA for medical) if the mother ...
Bob's user avatar
  • 1,163
2 votes
1 answer
479 views

Has New Jersey v. Andrews ever been successfully challenged?

New Jersey v. Andrews is relatively new case law. Has it ever been successfully challenged at the district court level? I'm aware of several cases where the state has seized a citizen's smartphone ...
user75575's user avatar
  • 127
2 votes
1 answer
60 views

What counts as work complete for the purpose of a construction lien

A general contractor is putting up a large office building for a customer. A sub-contractor is hired to install the dry wall and office doors. The work is essentially complete. More than 90 days has ...
Bob's user avatar
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1 vote
1 answer
102 views

Giving somebody medicine against their will

Consider the case where an adult son is caring for his parent with dementia. The parent is considered legally competent and has been prescribed certain drugs by the parent's doctor. The patient takes ...
Bob's user avatar
  • 1,163
2 votes
2 answers
437 views

Can I bring a firearm into NJ?

If I'm planning to visit some family in NJ would it be legal for me to bring a pistol that is locked in a container into the state? I've found information saying that it should not be an issue if I'm ...
terdoff's user avatar
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2 votes
0 answers
97 views

Can a judgment be appealed on grounds that it was moot? [duplicate]

It seems my previous question was misunderstood. A user suggested that I ask a new question instead of rewording the previous one. The answers to that question addressed whether a decision that a case ...
S.O.S's user avatar
  • 601
4 votes
3 answers
3k views

Can one appeal a moot judgement? [closed]

Coming on the heels of this question: It seems like the action for possession would be moot under these circumstances, prohibiting the court from entering judgment. Accordingly, we ordinarily ...
S.O.S's user avatar
  • 601
1 vote
3 answers
99 views

When does a POA for Medical Come become effective

Imagine a mother has given her adult son a POA for medical when she cannot speak for herself. After some time, she has dementia and needs to go to the emergency room. In the emergency room it is ...
Bob's user avatar
  • 1,163
0 votes
2 answers
430 views

Judgement for Possession when Tenant Vacated the Premises?

Under what circumstances can a judge issue a judgement for possession when a tenant vacated the premises prior to trial, returned the keys to landlord and made it clear that he no longer lives at the ...
S.O.S's user avatar
  • 601
0 votes
1 answer
163 views

When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides - the Court or the Arbitrator?

Courts are required to enforce arbitration agreements according to their terms. But what if the parties dispute whether a contract containing an arbitration agreement expired? Does the court or the ...
S.O.S's user avatar
  • 601
1 vote
0 answers
156 views

How can one search for matrimonial cases in the New Jersey court system?

Can anyone help me in my quest for finding updated listings of matrimonial cases in New Jersey? I have looked at the "Find a Case" page of the New Jersey Courts website but I cannot find any ...
lgshost's user avatar
  • 43
2 votes
1 answer
86 views

Conflict Between Third Circuit and NJ Appellate Division Regarding Stay Pending Appeal? [duplicate]

NJ Rule 2:9:1 states: When an appeal is taken from an order compelling or denying arbitration, the trial court shall retain jurisdiction to address issues relating to claims and parties that remain ...
S.O.S's user avatar
  • 601
3 votes
1 answer
368 views

How can I prove I do not own real-estate property in New Jersey?

For purposes of tax exemption in another country, I need to prove that I do not own a house or an apartment in my current state of residence, which is New Jersey. How can I do that? For example, is ...
Ofri Raviv's user avatar
0 votes
2 answers
470 views

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

Is a tenant entitled to request a jury trial? If yes, does it matter if the tenant is being evicted for nonpayment of rent vs. the Summary Dispossess Act in an owner occupied premises?
S.O.S's user avatar
  • 601
0 votes
1 answer
83 views

Is a Request to Stay Case Pending Appeal Considered an Equitable Remedy in the USA?

A request for injunctive relief is an equitable remedy and courts have broad discretion in granting or denying it. Is a request to stay case pending appeal also considered an equitable remedy?
S.O.S's user avatar
  • 601
-1 votes
1 answer
136 views

Can a Tenant File a Counterclaim in Summary Eviction Proceedings?

I was reading this blog post which states: The good news is that the courts classify the eviction process as a “summary action,” meaning that it is about as quick a legal process as can be. There is ...
S.O.S's user avatar
  • 601
-2 votes
2 answers
225 views

Economic Duress Induced Illegally Makes a Contract Void or Voidable?

This answer explains the difference between a void and voidable contract: Void means it never happened Voidable means someone has the right to declare it void (q.v.) If a contract was signed due to ...
S.O.S's user avatar
  • 601
-2 votes
1 answer
106 views

Is it unethical to file a claim against an attorney who lied?

Is it unethical to file a claim with the American Bar Association against the attorney of the opposing party when the attorney lied in court to tip things in his favor (e.g, made a false statement of ...
S.O.S's user avatar
  • 601
1 vote
1 answer
319 views

Is it illegal to threaten to present criminal charges in a civil lawsuit?

New Jersey Rule of Professional Conduct 3.4(g) provides that an attorney “shall not … present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a ...
S.O.S's user avatar
  • 601
0 votes
1 answer
102 views

Collateral damage when an atttorney lies in civil court?

When an attorney knowingly makes a false statement in civil court in an attempt to tip the scale in his client's favor, what are the possible ramifications? I'm aware that a lie under oath can be ...
S.O.S's user avatar
  • 601
2 votes
2 answers
108 views

Waiver of a Right During Appeal When the Lower Court Rules that such a Right Does Not Exist?

Let's say two parties enter into an arbitration agreement and one of the parties seeks to enforce the arbitration agreement while the second party seeks to annul it. The two parties appear in court ...
S.O.S's user avatar
  • 601
-1 votes
1 answer
192 views

Does a counter claim stop an eviction for non payment of rent?

In NJ (and most other states), when a landlord attempts to evict a tenant due to non payment of rent, the tenant can raise the defense that the landlord did not properly upkeep the premises and use ...
S.O.S's user avatar
  • 601