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Legal Environment of Business. How to locate New Jersey case law, statutes and administrative law. The Basics Understanding forms of legal citation What is the law? Types of law. Part One. Part Two. Part Three. What are statutes? How to find and cite statutes?.

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legal environment of business

Legal Environment of Business

How to locate New Jersey case law, statutes and administrative law

slide2

The Basics

Understanding forms of legal citation

What is the law? Types of law

Part One

Part Two

Part Three

What are statutes?

How to find and cite statutes?

Case law; how to find it, cite it and make sure it’s still good law

Part Four

Administrative law, rules and regulations

slide3

The Basics: Statutes

A statute refers to a law enacted by a legislative body such as the N.J. State Legislature. Once a bill has been passed by both houses of the state legislature and is signed by the Governor, the law or statute becomes a part of New Jersey Statutes Annotated or NJSA.

N.J. Assembly

N. J. Senate

NJSA is organized into 59 subject areas called “Titles”.

For example Title 12A contains laws relating to commercial transactions and Title 56 contains laws pertaining to tradenames, trade marks and unfair trading practices.

slide4

How to Recognize and Cite a New Jersey Statute

N.J.S.A. §17:10-2(2010) Title 17, Section 10 dash 2

  This is the official citation to New Jersey Statutes Annotated

N.J. Stat. § 12A:3-115(2010) Title 12A, section 3 dash 115

Citation to New Jersey statutes used by

LexisNexis

For legal citations “how to”, use the Bluebook: a Uniform System of Citation Ref KF245 .B853 2005

slide5

The Basics: Case Law

Case law is the law as pronounced by judges and is often referred to as the opinions of the courts.

The two main courts for the State of New Jersey are the New Jersey Supreme Court and the New Jersey Superior Court.

http://www.judiciary.state.nj.us/

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How to Recognize and Cite a New Jersey Supreme Court Case

Martindale v. Sandvik 173 N.J. 76 ; 800 A.2d 872; 2002 N.J. LEXIS 1073

Defendant Plaintiff

Official citation to the New Jersey Supreme Court , volume 173, page 76

Citation in LexisNexis

Academic

Parallel citation in another publication, Atlantic Reporter, 2nd edition

The Supreme Court of New Jersey is the highest court in the state for New Jersey legal matters. A case decided in the Superior Court of New Jersey may seek an appeal to the Supreme Court. The NJ Supreme Court decides whether or not to grant certiorari.

slide7

How to Recognize and Cite a New Jersey Superior Court Case

Oscar v. Simeonidis 352N.J. Super. 476 ; 800 A.2d 271;

2002 N.J. Super. LEXIS 330

Citation in LexisNexis

Academic

Plaintiff Defendant

Official citation to the Superior Court of New Jersey

volume 352, page 476

Parallel citation in another publication, Atlantic Reporter, 2nd edition, volume 800, page 271

Once you understand how an opinion is cited, it is easy to recognize a reference to a case. The first number refers to the volume of the print version of the case, the abbreviation refers to a specific reporter series and the second number is the page the case starts on. This same citation can be used to locate a case in LexisNexis Academic also.

slide8

You might also see a reference to a case in a federal district court in New Jersey. Such a case might deal with a federal question or perhaps deal with an issue between two different states such as NJ and PA. Citations to cases in the US District Courts are usually published in the Federal Supplement which is abbreviated F. Supp.

New Jersey is in the third district.

Duffy v. Charles Schwab & Co., CIVIL ACTION NO. 98-4595 (MLC), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 123 F. Supp. 2d 802; 2000 U.S. Dist. LEXIS 19629, December 21, 2000, Decided

Example of a citation to US District Court Case

This case appeared in the Federal Supplement, 2nd edition, volume 123, page 802.

slide9

The Basics:

Rules and Regulations

How to Recognize and Cite a New Jersey Regulation

N.J.A.C. 13:45A-26.2  (2010), Automotive Dispute Resolution , (Div. of Consumer Affairs)

The Division of Consumer Affairs has set up an office and a process for disputes concerning the automotive lemon law.

Official citation to the New Jersey Administrative Code

Title 13, Chapter 45A, Section 26.2

Administrative regulations are rules issued by government agencies such as the New Jersey Department of Environmental Protection or the Department of Law and Public Safety. These agencies were created by the legislature and their rules and regulations have the full force and effect of law. Rules and Regulations are published in the New Jersey Administrative Code (NJAC).

slide10

What is the relationship between statute, case law and administrative code?

Judges may interpret and apply statutes although not all opinions of the court involve statutory law. Courts may also determine that a statute is unconstitutional.

Statutes may also be written in a legal area previously based on common law. Statutes can override common law.

Administrative and executive agencies may be charged by the State Legislature to develop rules and regulations pertaining to a statute. These rules and regulations have the full force and effect of law. For example, the Division of Consumer Affairs set up rules and regulations for handling NJ Lemon Law claims.