EVIDENCE RULE 106. REMAINER OF OR RELATED WRITINGS OR RECORDED STATEMENTS

EVIDENCE RULE 106. REMAINER OF OR RELATED WRITINGS OR RECORDED STATEMENTS

  When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which in fairness ought to be considered contemporaneously.

EVIDENCE RULE 105. LIMITED ADMISSIBILITY

EVIDENCE RULE 105. LIMITED ADMISSIBILITY

  When evidence is admitted as to one party or for one purpose but is not admissible as to another party or for another purpose, the judge, upon request, shall restrict the evidence to its proper scope and shall instruct the jury accordingly, but may permit a party to waive a limiting instruction.

EVIDENCE RULE 104. PRELIMINARY QUESTIONS

EVIDENCE RULE 104. PRELIMINARY QUESTIONS

   (a)  Questions of admissibility generally. --When the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is subject to a condition, and the fulfillment of the condition is in issue, that issue is to be determined by the judge. In making that determination the judge shall not apply the rules of evidence except for Rule 403 or a valid claim of privilege. The judge may hear and determine such matters out of the presence or hearing of the jury.

   (b)   Relevance conditioned on fact. --Where evidence is otherwise admissible if relevant and its relevance is subject to a condition, the judge shall admit it upon or subject to the introduction of sufficient evidence to support a finding of the condition. In such cases the judge shall instruct the jury to consider the issue of the fulfillment of the condition and to disregard the evidence if it finds that the condition was not fulfilled. The jury shall be instructed to disregard the evidence if the judge subsequently determines that a jury could not reasonably find that the condition was fulfilled.

   (c)   Preliminary hearing on admissibility of defendant's statements. --Where by virtue of any rule of law a judge is required in a criminal action to make a preliminary determination as to the admissibility of a statement by the defendant, the judge shall hear and determine the question of its admissibility out of the presence of the jury. In such a hearing the rules of evidence shall apply and the burden of persuasion as to the admissibility of the statement is on the prosecution. If the judge admits the statement the jury shall not be informed of the finding that the statement is admissible but shall be instructed to disregard the statement if it finds that it is not credible. If the judge subsequently determines from all of the evidence that the statement is not admissible, the judge shall take appropriate action.

   (d)   Testimony by accused. --By testifying upon a preliminary matter, the accused does not become subject to cross-examination as to other issues in the case.

   (e)   Weight and credibility. --This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

EVIDENCE RULE 102. PURPOSE AND CONSTRUCTION

EVIDENCE RULE 102. PURPOSE AND CONSTRUCTION

     These rules shall be construed to secure fairness in administration and elimination of unjustified expense and delay. The adoption of these rules shall not bar the growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

EVIDENCE RULE 101. SCOPE; DEFINITIONS

EVIDENCE RULE 101. SCOPE; DEFINITIONS

        (a)   Applicability; exceptions.
   (1)   Privileges. --The provisions of Rule 500 (privileges) shall apply, without relaxation, to all proceedings and inquiries, whether formal, informal, public or private, and to all branches and agencies of government.

   (2)   Court proceedings; relaxation. --These rules of evidence shall apply in all proceedings, civil or criminal, conducted by or under the supervision of a court. Except as provided by paragraph (a)(1) of this rule, these rules may be relaxed in the following instances to admit relevant and trustworthy evidence in the interest of justice:

      (A) actions within the cognizance of the Small Claims Section of the Special Civil Part of the Superior Court, Law Division, and the Small Claims Division of the Tax Court whether or not the action was instituted in a Small Claims Section or Division.

      (B) in accordance with a statutory provision;

      (C) proceedings in a criminal or juvenile delinquency action in which information is presented for the court's use in exercising a sentencing or other dispositional discretion, including bail and pretrial intervention and other diversionary proceedings;

      (D) to the extent permitted by law, proceedings to establish probable cause, including grand jury proceedings, probable cause hearings, and ex parte applications;

      (E) proceedings to determine the admissibility of evidence under these rules or other law.

   (3)   Administrative proceedings. --Except as otherwise provided by paragraph (a)(1) of this rule, proceedings before administrative agencies shall not be governed by these rules.

   (4)   Undisputed facts. --If there is no bona fide dispute between the parties as to a relevant fact, the judge may permit that fact to be established by stipulation or binding admission. In civil proceedings the judge may also permit that fact to be proved by any relevant evidence, and exclusionary rules shall not apply, except Rule 403 or a valid claim of privilege.

   (5)   Affidavit in lieu of testimony. --These rules shall not be construed to prohibit the use of an affidavit in lieu of oral testimony to the extent permitted by law.

    (b)    Definitions. --As used in these rules, the following terms shall have the meaning hereafter set forth unless the context otherwise indicates:

   (1) "Burden of persuasion" means the obligation of a party to meet the requirements of a rule of law that the fact be proved either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be.

   (2) "Burden of producing evidence" means the obligation of a party to introduce evidence when necessary to avoid the risk of a judgment or peremptory finding against that party on an issue of fact.

   (3) "Writing" has the meaning given in the definition contained in Rule 801(e).

     (c)   Repeal.--The adoption of these rules of evidence shall not operate to repeal any existing statute by implication. However, where an existing statute has been expressly superseded pursuant to N.J.S.A. 2A:84A-40 by an official note heretofore or hereafter appended to a rule of evidence, such statute shall have no further force or effect.

Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.

Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 

The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must  exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.

      

If  there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if  the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with  a personal injury attorney immediately to  retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.

If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.

What actions must the owner of commercial property take with regard to defects / snow / ice accumulation/ dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect / snow / ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.

If you are injured, after seeking medical treatment and advising the store/mall,  CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an Appointment.

More Info At:

  http://www.njlaws.com/fall_down_injuries_on_snow.htm

HELP WANTED- Driver for Law Office- misc. clerk duties Monday-Friday 8:30am -5:00

HELP WANTED- Driver for Law Office- misc. clerk duties

 Monday-Friday

 8:30am -5:00  November 18- December 23

       Start North Brunswick, drive attorney to Edison law office or

nearby courts

Park your vehicle North Brunswick and drive law office Ford Escape

      - Stuff 2014 calendars for clients, judges, prosecutors

and attorneys

      -Adding client names to computer database, prepare letters, and work on client traffic ticket matters.

       -Telephone contacts to clients and potential clients

$ 10.00 per hour & gas

       If you can’t drive every day, advise which days you can drive

OTHER DUTIES

 Preparation of legal documents on Computer and mail to courts

-General Office duties in Law Office

-Update mailing/ client lists and learn marketing

-All other work needed including working on personal injury cases

 Must be dependable and committed to perfection. 

       Call Law Office of Kenneth Vercammen & Associates

732-572-0500  

2053 Woodbridge Ave., Edison, NJ 08817

         Check out our website at www.njlaws.com to see what we are about.