Exculpatory Clause Enforcement

Exculpatory contract clause may excuse negligence, but only if:

1. enforcement does not adversely affect the public interest;
2. the exculpated party is not under a legal duty to perform;
3. the contract does not involve a public utility or common carrier; and
4. the contract does not grow out of unequal bargaining power or is otherwise unconscionable.

Marcinczyk v. N.J. Police Training Comm'n.

Sex in the Courtroom???

Due Process--Traditional Notions of Fair Play and Substantial Justice

The Due Process Clause of the United States Constitution governs a State's exercise of jurisdiction over a nonresident defendant. Thus, a "defendant's contacts with the forum State must be such that maintenance of the suit does not offend traditional notions of fair play and substantial justice."

Minimum Contacts Test

The "minimum contacts" with the forum State required to exercise jurisdiction over a nonresident will be found only if a defendant

1. "purposely avails [himself] of the privilege of conducting activities within the forum State" and
2. his contacts with the State are of a nature that "he should reasonably anticipate being haled into court there."

Categories of Personal Jurisdiction

The United States Supreme Court distinguishes between causes of action directly related to the defendant's contacts with the State, and causes of action that are unrelated to those contacts:

Specific Jurisdiction. Courts exercise specific jurisdiction over nonresidents where the cause of action directly relates to the nonresident's contacts with the forum state

General Jurisdiction. Courts exercise general jurisdiction over nonresidents where the cause of action is unrelated to the nonresident's contacts with the forum state

C.L. v. W.S., 406 N.J. Super. 484 (App. Div. 2009)

Just another day at School

Defamation. Intentional Infliction of Emotional Distress. Assault. Battery. Invasion of Privacy. Just another day at school.

Leang v. Jersey City Bd. of Educ.

Right to Counsel

The Sixth Amendment Right to Counsel does not apply between indictments. State v. Issac Lenin

New Hearsay Exception

This case introduces a new hearsay exception in New Jersey - Forfeiture-By-Wrongdoing. It applies when a statement is offered against a party who has engaged, directly or indirectly, in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. State v. Byrd