ADMINISTRATION OF ESTATES, PROBATE AND DECEDENTS- Law in New Jersey 3B:10-6 3B:10-6. Acts of administrator before notice of will Lawful acts performed in good faith by an administrator before notice of a will and purchases or transfers made by him in good faith before notice shall remain valid and shall not be impeached or altered by an executor upon probate of the will. Nothing in this section shall be construed to relieve the administrator of any liability to the executor under the will for property unadministered or maladministered. 3B:10-7. Ancillary administration on estate of nonresident intestate Where a nonresident dies intestate seized of real property or possessed of personal property in this State, or where the evidence of his personal property shall be in the hands of any resident of this State, the surrogate's court of the county wherein any of the real or personal property or evidence thereof, is situate, or the Superior Court, shall, in an action upon satisfactory proof of intestacy, issue letters of administration upon the estate of the nonresident to the administrator of his estate or, on notice to the administrator as the court shall require, to any person who would be entitled to administration if the intestate had been a resident at his death. 3B:10-8. Administration by creditor of nonresident decedent If a personal representative of a nonresident decedent fails to apply in this State for letters testamentary or of administration within 60 days next after the death of the decedent and there is real or personal property of the decedent within this State, or the evidence thereof in the hands of a resident of this State, the surrogate's court of a county wherein the real property, or personal property or evidence, is situate, or the Superior Court, may, in an action by any person resident or nonresident, alleging himself to have a debt or legal claim against the decedent which by the law of this State survives against his representatives, issue letters of administration, with the will annexed or otherwise as the case may require, to some fit person to be designated by the court. Prior to an appointment pursuant to this section, notice shall be given the foreign personal representative as the court shall prescribe. 3B:10-9. Record of appointment of personal representative; evidentiary effect If any person shall desire to have the appointment of a personal representative appointed in another state recorded in this State for the purpose of manifesting the authority of the personal representative to release or discharge real estate in this State from any mortgage, judgment, other lien or encumbrance which was held by his decedent the surrogate of the county wherein the real estate is situate, or the clerk of the Superior Court, may, upon the presentation to him of an exemplified copy of the record of the appointment of the personal representative, record and file the exemplified copy in his office, and the record or certified copies thereof shall be received as evidence in all courts of this State. 3B:10-10. Executor de son tort Whereas it is sometimes practiced to the defrauding of creditors, that persons who are entitled to the administration of the estate of an intestate will not accept administration, but suffer or procure the administration to be granted to others of indigent circumstances, from whom they, or others, by their means, by deeds of gifts, or by letters of attorney, obtain the estate of the intestate into their hands, and are not subject to the payment of the debts of the intestate, and so the creditors cannot have or recover their just debts and demands; therefore, if any person shall obtain, receive and have, any property or debts of an intestate, or a release or other discharge of any debt or duty due the intestate, upon any fraud as herein provided, without valuable consideration as shall amount to the value of the property or debts, or near thereabouts except it be in or towards satisfaction of some just debt, of the value of the same property or debts, to him owing by the intestate at the time of his decease, the person shall be charged and chargeable as executor of his own wrong so far only, as all the property and debts coming to his hands, or whereof he is released or discharged by the administrator, will satisfy. However he shall not be charged for those just debts, contracted without fraud and upon a good consideration, which are owing to him by the intestate at the time of his decease, nor for payments made by him which lawful executors or administrators ought to pay. 3B:10-11. Administration ad prosequendum on death by wrongful act The surrogate's court of the county wherein an intestate resided at his death, or, if the intestate resided outside the State, the surrogate's court of the county wherein the accident resulting in death occurred, or the Superior Court, may grant letters of administration ad prosequendum to the person entitled by law to general administration. An administrator ad prosequendum shall not be required to give bond. 3B:10-12. Temporary administration The Superior Court may grant administration ad litem, temporary administration, administration pendente lite, or any form of limited administration. 3B:10-13. Duty to apply in this State for original letters of administration When an intestate is resident in any county of New Jersey at his death, it shall be the duty of the heir or any other person desiring original letters of administration upon his estate to make application therefor to the surrogate of that county or to the Superior Court of this State. Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersey, shall give information thereof to the Superior Court. The court may direct the clerk of the court to issue and have served subpoenas or an order to show cause requiring the appearance before it, at a specified time, of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court. 3B:10-14. Appointment of debtor as executor; debt not discharged The appointment of a debtor as executor shall not, unless otherwise expressed in the will, be construed to discharge the executor from payment of the debt, but the debt shall be considered an asset in the hands of the executor and shall be accounted for in the same manner as any other part of the decedent's estate. 3B:10-15. Appointment of substituted administrators When a sole or sole surviving or remaining executor or administrator, with or without the will annexed, dies or is removed or discharged by the court after qualifying and entering upon the duties of his office but before the completion thereof, the vacancy so created shall, except as hereinafter provided, be filled by the appointment of a fit person to exercise the vacated office. The person so appointed shall be nominated substituted administrator with the will annexed or substituted administrator, as the case may be. 3B:10-16. Decedent's will to be observed Where administration is granted with the will annexed, the will of the decedent therein expressed shall be observed and performed. 3B:10-17. Manner in which appointment shall be made The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by the surrogate's court or the Superior Court in the manner and upon the conditions prescribed for granting letters of administration to the first administrators in other cases. 3B:10-18. When appointment unnecessary The appointment of a substituted administrator shall not be required if the unadministered assets of the intestate or testator consist of money on deposit in a bank, trust company or savings and loan association not exceeding $1,000.00, in which event it shall be lawful for the Superior Court, in an action brought by any party in interest, to authorize the bank, trust company or savings and loan association to distribute to the persons entitled by law to receive the assets. Payments made pursuant to the authority of this section shall release the bank, trust company or savings and loan association from any claim of, or liability to, any person interested in the estate. 3B:10-19. Commencement of duties and powers of a personal representative The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. 3B:10-20. Ratification of prior acts A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. 3B:10-21. Carrying out decedent's written funeral instructions Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to his body, funeral and burial arrangements. 3B:10-22. Priority among letters A person to whom general letters of appointment are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters of appointment are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. 3B:10-23. Duty of personal representative to settle and distribute estate A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by law, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate. 3B:10-24. Liability for acts of administration or distribution A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending proceeding to probate a will or to determine heirs, a proceeding to vacate an order entered in an earlier proceeding to probate a will, a formal proceeding questioning his appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants and others interested in the estate. 3B:10-25. Standing to sue and be sued Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as his decedent had immediately prior to death. 3B:10-26. Standards of care to be observed Except as otherwise provided by the terms of a decedent's will, the personal representative shall observe the standards in dealing with the estate assets that would be observed by a prudent man dealing with the property of another, and if the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, he is under a duty to use those skills. 3B:10-27. Right to possession of property transferred in fraud of creditors The right to possession of property transferred in fraud of creditors recovered for the benefit of creditors is exclusively in the personal representative. 3B:10-28. Expeditious settlement and distribution A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and do so without adjudication, order, or direction of a court, but he may invoke the jurisdiction of a court, in proceedings authorized by law to resolve questions concerning the estate or its administration. 3B:10-29. Possession and control of estate Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto. 3B:10-30. Power over title to property Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. 3B:10-31. Powers and duties of successor representative A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will. 3B:10-32. Powers of surviving co-personal representative Unless the terms of the will otherwise provide, every power exercisable by co-personal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-personal representatives is not appointed, those appointed may exercise all the powers incident to the office. 3B:11-1. Creator's reserved interest in trust alienable subject to creditors' claims The right of any creator of a trust to receive either the income or the principal of the trust or any part of either thereof, presently or in the future, shall be freely alienable and shall be subject to the claims of his creditors, notwithstanding any provision to the contrary in the terms of the trust. 3B:11-2. Letters of trusteeship under a will A testamentary trustee or substituted testamentary trustee, before exercising the authority vested in him by virtue of any will admitted to probate by the Superior Court, or any surrogate's court of this State, shall obtain letters of trusteeship from that court. 3B:11-3. Trustees construed to be joint tenants All estates heretofore or hereafter granted or devised to trustees shall be construed to have vested and to vest an estate of joint tenancy in the trustees. When a trustee is removed a conveyance or devise from the removed trustee to the old and new trustees or to the new trustees shall vest in the old and new trustees or the new trustees an estate in joint tenancy, notwithstanding any want of unity. When a trustee dies or resigns or his office becomes vacant for any cause, and a new trustee is appointed, the surviving trustees, if any there be, and the new trustees shall hold the trust estate as joint tenants, and a conveyance of a right and interest in the trust estate from the surviving trustees, to the new trustee shall vest in all the trustees an estate in joint tenancy, notwithstanding any want of unity. When a new, additional or substituted trustee is appointed by a court of competent jurisdiction or becomes such by operation of the terms of a will or other instrument or by operation of law, title to the trust assets shall forthwith vest in all the trustees in office including the new, additional or substituted trustee as joint tenants. 3B:11-4. Effect to be given consent by holders of general powers of appointment upon beneficiaries For the purpose of granting consent or approval with regard to the acts or accounts of a fiduciary or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent that the interests of the beneficiaries as objects, takers in default, or otherwise are subject to the power. As used in this section, a presently exercisable general power of appointment is one which enables the power holder to presently draw absolute ownership to himself. 3B:11-4.1. Limitations on powers of trustees; applicability; "interested party" defined 1. a. The following powers conferred by a governing instrument upon a trustee in his or her capacity as a trustee shall not be exercised by that trustee: (1) The power to make discretionary distributions of either principal or income to or for the benefit of the trustee, the trustee's estate, or the creditors of either, unless either: (a) limited by an ascertainable standard relating to the trustee's health, education, support or maintenance, within the meaning of 26 U.S.C. 2041 and 2514; or (b) exercisable by the trustee only in conjunction with another person having a substantial interest in the property subject to the power which is adverse to the interest of the trustee within the meaning of 26 U.S.C. 2041(b) (1) (C) (ii); If a trustee is prohibited by paragraph (1) of this subsection from exercising a power conferred upon the trustee, the trustee nevertheless may exercise that power but shall be limited to distributions for the trustee's health, education, support or maintenance to the extent otherwise permitted by the terms of the trust. (2) The power to make discretionary distributions of either principal or income to satisfy any of the trustee's personal legal obligations for support or other purposes; (3) The power to make discretionary allocations in the trustee's personal favor of receipts or expenses as between income and principal, unless such trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of such trustee's fiduciary duties; (4) The power to exercise any of the powers proscribed in this subsection with regard to an individual other than the trustee to the extent that such individual could exercise a similar prohibited power in connection with a trust that benefits the trustee. b. Unless otherwise prohibited by the provisions of subsection a. of this section, a trustee may exercise a power described in that subsection in favor of someone other than the trustee, the trustee's estate, or the creditors of either. c. If a governing instrument contains a power proscribed under subsection a. of this section the following shall apply: (1) If the power is conferred on two or more trustees, it may be exercised by the trustee or trustees who are not so prohibited as if they were the only trustee or trustees; or (2) If there is no trustee in office who can exercise such power upon application of any interested party, a court of competent jurisdiction shall appoint a trustee to exercise such power or, except as provided in subsection d. of this section, a successor trustee who would not be disqualified shall be appointed to exercise the power that the other trustees cannot exercise in accordance with the provisions of the trust instrument as if the office of trustee were vacant. d. No beneficiary of a trust, in an individual, trustee or other capacity, may appoint, or remove and appoint, a trustee who is related or subordinate to the beneficiary within the meaning of 26 U.S.C. 672 (c) unless: (1) the trustee's discretionary power to make distributions to or for such beneficiary is limited by an ascertainable standard relating to the beneficiary's health, education, support or maintenance as set forth in subsection a. of this section; (2) the trustee's discretionary power may not be exercised to satisfy any of such beneficiary's legal obligations for support or other purposes; and (3) the trustee's discretionary power may not be exercised to grant to such beneficiary a general power to appoint property of the trust to the beneficiary, the beneficiary's estate or the creditors thereof within the meaning of 26 U.S.C. 2041. This subsection d. shall not apply if the appointment of the trustee by the beneficiary may be made only in conjunction with another person having a substantial interest in the property of the trust, subject to the power, which is adverse to the exercise of the power in favor of the beneficiary within the meaning of 26 U.S.C. 2041(b) (1) (C) (ii). e. The provisions of this section shall not apply during the time that a trust remains revocable or amendable by the grantor. f. This section applies to: (1) Any trust created under a governing instrument executed 90 days or more after the effective date of this act, unless the governing instrument expressly provides that this act does not apply; and (2) Any trust created under a governing instrument executed before 90 days after the effective date of this act, unless all interested parties affirmatively elect on or before three years after the effective date by a written declaration signed by or on behalf of each interested party and delivered to the trustee, not to be subject to the application of this act. In the case of a testamentary trust, such declarations shall be filed with the clerk of the court in which the will was admitted to probate. g. In this section the term "interested party" means: (1) Each trustee then serving; and (2) Each person having an interest in income or principal whom it would be necessary to join as a party in a proceeding for the judicial settlement of a trustee's account or, if such a person has not attained majority or is otherwise incapacitated, the person's legal representative under applicable law or the person's agent under a durable power of attorney that is sufficient to grant such authority. L.1996, c.41. 3B:11-5. Trustee's death or failure to act; appointment of new trustee by court; powers When a trustee appointed by a will probated in the surrogate's court of any county or a trustee appointed under a trust inter vivos as to real or personal property situate in any county fails or refuses to act or dies before the execution or completion of the trust committed to him, or absconds or removes from this State, is adjudicated a mental incompetent or becomes in any manner legally incapable of executing the trust, the Superior Court may remove the trustee, if he be alive, and appoint a suitable person or persons to execute the trust, and the trustee or trustees so appointed shall be entitled to the trust estate as fully and in the same manner as the original trustee was and shall have all the power and discretion of the original trustee. 3B:11-6. Vacancy in trusteeship upon discharge or removal When a trustee is removed or discharged by the Superior Court before the completion of the trust, the court may appoint a fit person or persons to fill the vacated office. 3B:11-7. Powers of new, substituted or additional trustees A duly appointed new, substituted or additional trustee shall have the same power and discretion with respect to the investment, management, conversion, sale or other disposition of the trust estate, whether real or personal, as was given to or vested in the original trustee or trustees named in or appointed by the will or other instrument creating or continuing the trust, notwithstanding the power or discretion may be directed by the will or other instrument to be exercised at the discretion of the original trustee or trustees unless the power or discretion of the original trustee or trustees is expressly prohibited by the will or other instrument to any new, substituted or additional trustee

Anabolic Steroids illegal in New Jersey

The issue of Barry Bonds and other professional athletes’ possible involvement with steroids now raises questions on high school athletes trying steroids. The New Jersey Commissioner of Health promulgated rules and regulations which classify anabolic steroids as Schedule III controlled dangerous substances. The problem of the unlawful use of anabolic steroids by school-age children is a particularly serious one, and that this problem is not limited to student athletes, but also involves students who use these especially dangerous substances with the intent to enhance their physical appearance. These substances often have profound, long-term adverse side effects, and that their unlawful use by children cannot be tolerated. “Controlled Dangerous Substance” shall mean a drug, substance or immediate precursor as defined at N.J.S.A. 2C:35-2, and shall include controlled substance analogs. Pursuant to regulations adopted by the Department of Health, the term includes anabolic steroids, and shall also be deemed to include "Jimson" weed (stramonium preparation; N.J.S.A. 2A:170-77.8) and gamma hydroxybutyrate (GHB), Rohypnol (“roofies”), and flunitrazepam. (See N.J.S.A. 2C:35-5.2 and 5.3.) The website kennethvercammen.com contains articles on penalties for possession of illegal drugs or being under the influence. The Editor of the website is Kenneth Vercammen, who is the past president of the Middlesex County Municipal Prosecutor's Association. Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2007-2008 in NJ Monthly in the Criminal - DWI. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year. He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division.

ADMINISTRATION OF ESTATES, PROBATE AND DECEDENTS- Law in New Jersey

3B:10-6. Acts of administrator before notice of will Lawful acts performed in good faith by an administrator before notice of a will and purchases or transfers made by him in good faith before notice shall remain valid and shall not be impeached or altered by an executor upon probate of the will. Nothing in this section shall be construed to relieve the administrator of any liability to the executor under the will for property unadministered or maladministered. 3B:10-7. Ancillary administration on estate of nonresident intestate Where a nonresident dies intestate seized of real property or possessed of personal property in this State, or where the evidence of his personal property shall be in the hands of any resident of this State, the surrogate's court of the county wherein any of the real or personal property or evidence thereof, is situate, or the Superior Court, shall, in an action upon satisfactory proof of intestacy, issue letters of administration upon the estate of the nonresident to the administrator of his estate or, on notice to the administrator as the court shall require, to any person who would be entitled to administration if the intestate had been a resident at his death. 3B:10-8. Administration by creditor of nonresident decedent If a personal representative of a nonresident decedent fails to apply in this State for letters testamentary or of administration within 60 days next after the death of the decedent and there is real or personal property of the decedent within this State, or the evidence thereof in the hands of a resident of this State, the surrogate's court of a county wherein the real property, or personal property or evidence, is situate, or the Superior Court, may, in an action by any person resident or nonresident, alleging himself to have a debt or legal claim against the decedent which by the law of this State survives against his representatives, issue letters of administration, with the will annexed or otherwise as the case may require, to some fit person to be designated by the court. Prior to an appointment pursuant to this section, notice shall be given the foreign personal representative as the court shall prescribe. 3B:10-9. Record of appointment of personal representative; evidentiary effect If any person shall desire to have the appointment of a personal representative appointed in another state recorded in this State for the purpose of manifesting the authority of the personal representative to release or discharge real estate in this State from any mortgage, judgment, other lien or encumbrance which was held by his decedent the surrogate of the county wherein the real estate is situate, or the clerk of the Superior Court, may, upon the presentation to him of an exemplified copy of the record of the appointment of the personal representative, record and file the exemplified copy in his office, and the record or certified copies thereof shall be received as evidence in all courts of this State. 3B:10-10. Executor de son tort Whereas it is sometimes practiced to the defrauding of creditors, that persons who are entitled to the administration of the estate of an intestate will not accept administration, but suffer or procure the administration to be granted to others of indigent circumstances, from whom they, or others, by their means, by deeds of gifts, or by letters of attorney, obtain the estate of the intestate into their hands, and are not subject to the payment of the debts of the intestate, and so the creditors cannot have or recover their just debts and demands; therefore, if any person shall obtain, receive and have, any property or debts of an intestate, or a release or other discharge of any debt or duty due the intestate, upon any fraud as herein provided, without valuable consideration as shall amount to the value of the property or debts, or near thereabouts except it be in or towards satisfaction of some just debt, of the value of the same property or debts, to him owing by the intestate at the time of his decease, the person shall be charged and chargeable as executor of his own wrong so far only, as all the property and debts coming to his hands, or whereof he is released or discharged by the administrator, will satisfy. However he shall not be charged for those just debts, contracted without fraud and upon a good consideration, which are owing to him by the intestate at the time of his decease, nor for payments made by him which lawful executors or administrators ought to pay. 3B:10-11. Administration ad prosequendum on death by wrongful act The surrogate's court of the county wherein an intestate resided at his death, or, if the intestate resided outside the State, the surrogate's court of the county wherein the accident resulting in death occurred, or the Superior Court, may grant letters of administration ad prosequendum to the person entitled by law to general administration. An administrator ad prosequendum shall not be required to give bond. 3B:10-12. Temporary administration The Superior Court may grant administration ad litem, temporary administration, administration pendente lite, or any form of limited administration. 3B:10-13. Duty to apply in this State for original letters of administration When an intestate is resident in any county of New Jersey at his death, it shall be the duty of the heir or any other person desiring original letters of administration upon his estate to make application therefor to the surrogate of that county or to the Superior Court of this State. Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersey, shall give information thereof to the Superior Court. The court may direct the clerk of the court to issue and have served subpoenas or an order to show cause requiring the appearance before it, at a specified time, of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court. 3B:10-14. Appointment of debtor as executor; debt not discharged The appointment of a debtor as executor shall not, unless otherwise expressed in the will, be construed to discharge the executor from payment of the debt, but the debt shall be considered an asset in the hands of the executor and shall be accounted for in the same manner as any other part of the decedent's estate. 3B:10-15. Appointment of substituted administrators When a sole or sole surviving or remaining executor or administrator, with or without the will annexed, dies or is removed or discharged by the court after qualifying and entering upon the duties of his office but before the completion thereof, the vacancy so created shall, except as hereinafter provided, be filled by the appointment of a fit person to exercise the vacated office. The person so appointed shall be nominated substituted administrator with the will annexed or substituted administrator, as the case may be. 3B:10-16. Decedent's will to be observed Where administration is granted with the will annexed, the will of the decedent therein expressed shall be observed and performed. 3B:10-17. Manner in which appointment shall be made The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by the surrogate's court or the Superior Court in the manner and upon the conditions prescribed for granting letters of administration to the first administrators in other cases. 3B:10-18. When appointment unnecessary The appointment of a substituted administrator shall not be required if the unadministered assets of the intestate or testator consist of money on deposit in a bank, trust company or savings and loan association not exceeding $1,000.00, in which event it shall be lawful for the Superior Court, in an action brought by any party in interest, to authorize the bank, trust company or savings and loan association to distribute to the persons entitled by law to receive the assets. Payments made pursuant to the authority of this section shall release the bank, trust company or savings and loan association from any claim of, or liability to, any person interested in the estate. 3B:10-19. Commencement of duties and powers of a personal representative The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. 3B:10-20. Ratification of prior acts A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. 3B:10-21. Carrying out decedent's written funeral instructions Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to his body, funeral and burial arrangements. 3B:10-22. Priority among letters A person to whom general letters of appointment are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters of appointment are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. 3B:10-23. Duty of personal representative to settle and distribute estate A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by law, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate. 3B:10-24. Liability for acts of administration or distribution A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending proceeding to probate a will or to determine heirs, a proceeding to vacate an order entered in an earlier proceeding to probate a will, a formal proceeding questioning his appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants and others interested in the estate. 3B:10-25. Standing to sue and be sued Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as his decedent had immediately prior to death. 3B:10-26. Standards of care to be observed Except as otherwise provided by the terms of a decedent's will, the personal representative shall observe the standards in dealing with the estate assets that would be observed by a prudent man dealing with the property of another, and if the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, he is under a duty to use those skills. 3B:10-27. Right to possession of property transferred in fraud of creditors The right to possession of property transferred in fraud of creditors recovered for the benefit of creditors is exclusively in the personal representative. 3B:10-28. Expeditious settlement and distribution A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and do so without adjudication, order, or direction of a court, but he may invoke the jurisdiction of a court, in proceedings authorized by law to resolve questions concerning the estate or its administration. 3B:10-29. Possession and control of estate Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto. 3B:10-30. Power over title to property Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. 3B:10-31. Powers and duties of successor representative A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will. 3B:10-32. Powers of surviving co-personal representative Unless the terms of the will otherwise provide, every power exercisable by co-personal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-personal representatives is not appointed, those appointed may exercise all the powers incident to the office. 3B:11-1. Creator's reserved interest in trust alienable subject to creditors' claims The right of any creator of a trust to receive either the income or the principal of the trust or any part of either thereof, presently or in the future, shall be freely alienable and shall be subject to the claims of his creditors, notwithstanding any provision to the contrary in the terms of the trust. 3B:11-2. Letters of trusteeship under a will A testamentary trustee or substituted testamentary trustee, before exercising the authority vested in him by virtue of any will admitted to probate by the Superior Court, or any surrogate's court of this State, shall obtain letters of trusteeship from that court. 3B:11-3. Trustees construed to be joint tenants All estates heretofore or hereafter granted or devised to trustees shall be construed to have vested and to vest an estate of joint tenancy in the trustees. When a trustee is removed a conveyance or devise from the removed trustee to the old and new trustees or to the new trustees shall vest in the old and new trustees or the new trustees an estate in joint tenancy, notwithstanding any want of unity. When a trustee dies or resigns or his office becomes vacant for any cause, and a new trustee is appointed, the surviving trustees, if any there be, and the new trustees shall hold the trust estate as joint tenants, and a conveyance of a right and interest in the trust estate from the surviving trustees, to the new trustee shall vest in all the trustees an estate in joint tenancy, notwithstanding any want of unity. When a new, additional or substituted trustee is appointed by a court of competent jurisdiction or becomes such by operation of the terms of a will or other instrument or by operation of law, title to the trust assets shall forthwith vest in all the trustees in office including the new, additional or substituted trustee as joint tenants. 3B:11-4. Effect to be given consent by holders of general powers of appointment upon beneficiaries For the purpose of granting consent or approval with regard to the acts or accounts of a fiduciary or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent that the interests of the beneficiaries as objects, takers in default, or otherwise are subject to the power. As used in this section, a presently exercisable general power of appointment is one which enables the power holder to presently draw absolute ownership to himself. 3B:11-4.1. Limitations on powers of trustees; applicability; "interested party" defined 1. a. The following powers conferred by a governing instrument upon a trustee in his or her capacity as a trustee shall not be exercised by that trustee: (1) The power to make discretionary distributions of either principal or income to or for the benefit of the trustee, the trustee's estate, or the creditors of either, unless either: (a) limited by an ascertainable standard relating to the trustee's health, education, support or maintenance, within the meaning of 26 U.S.C. 2041 and 2514; or (b) exercisable by the trustee only in conjunction with another person having a substantial interest in the property subject to the power which is adverse to the interest of the trustee within the meaning of 26 U.S.C. 2041(b) (1) (C) (ii); If a trustee is prohibited by paragraph (1) of this subsection from exercising a power conferred upon the trustee, the trustee nevertheless may exercise that power but shall be limited to distributions for the trustee's health, education, support or maintenance to the extent otherwise permitted by the terms of the trust. (2) The power to make discretionary distributions of either principal or income to satisfy any of the trustee's personal legal obligations for support or other purposes; (3) The power to make discretionary allocations in the trustee's personal favor of receipts or expenses as between income and principal, unless such trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of such trustee's fiduciary duties; (4) The power to exercise any of the powers proscribed in this subsection with regard to an individual other than the trustee to the extent that such individual could exercise a similar prohibited power in connection with a trust that benefits the trustee. b. Unless otherwise prohibited by the provisions of subsection a. of this section, a trustee may exercise a power described in that subsection in favor of someone other than the trustee, the trustee's estate, or the creditors of either. c. If a governing instrument contains a power proscribed under subsection a. of this section the following shall apply: (1) If the power is conferred on two or more trustees, it may be exercised by the trustee or trustees who are not so prohibited as if they were the only trustee or trustees; or (2) If there is no trustee in office who can exercise such power upon application of any interested party, a court of competent jurisdiction shall appoint a trustee to exercise such power or, except as provided in subsection d. of this section, a successor trustee who would not be disqualified shall be appointed to exercise the power that the other trustees cannot exercise in accordance with the provisions of the trust instrument as if the office of trustee were vacant. d. No beneficiary of a trust, in an individual, trustee or other capacity, may appoint, or remove and appoint, a trustee who is related or subordinate to the beneficiary within the meaning of 26 U.S.C. 672 (c) unless: (1) the trustee's discretionary power to make distributions to or for such beneficiary is limited by an ascertainable standard relating to the beneficiary's health, education, support or maintenance as set forth in subsection a. of this section; (2) the trustee's discretionary power may not be exercised to satisfy any of such beneficiary's legal obligations for support or other purposes; and (3) the trustee's discretionary power may not be exercised to grant to such beneficiary a general power to appoint property of the trust to the beneficiary, the beneficiary's estate or the creditors thereof within the meaning of 26 U.S.C. 2041. This subsection d. shall not apply if the appointment of the trustee by the beneficiary may be made only in conjunction with another person having a substantial interest in the property of the trust, subject to the power, which is adverse to the exercise of the power in favor of the beneficiary within the meaning of 26 U.S.C. 2041(b) (1) (C) (ii). e. The provisions of this section shall not apply during the time that a trust remains revocable or amendable by the grantor. f. This section applies to: (1) Any trust created under a governing instrument executed 90 days or more after the effective date of this act, unless the governing instrument expressly provides that this act does not apply; and (2) Any trust created under a governing instrument executed before 90 days after the effective date of this act, unless all interested parties affirmatively elect on or before three years after the effective date by a written declaration signed by or on behalf of each interested party and delivered to the trustee, not to be subject to the application of this act. In the case of a testamentary trust, such declarations shall be filed with the clerk of the court in which the will was admitted to probate. g. In this section the term "interested party" means: (1) Each trustee then serving; and (2) Each person having an interest in income or principal whom it would be necessary to join as a party in a proceeding for the judicial settlement of a trustee's account or, if such a person has not attained majority or is otherwise incapacitated, the person's legal representative under applicable law or the person's agent under a durable power of attorney that is sufficient to grant such authority. L.1996, c.41. 3B:11-5. Trustee's death or failure to act; appointment of new trustee by court; powers When a trustee appointed by a will probated in the surrogate's court of any county or a trustee appointed under a trust inter vivos as to real or personal property situate in any county fails or refuses to act or dies before the execution or completion of the trust committed to him, or absconds or removes from this State, is adjudicated a mental incompetent or becomes in any manner legally incapable of executing the trust, the Superior Court may remove the trustee, if he be alive, and appoint a suitable person or persons to execute the trust, and the trustee or trustees so appointed shall be entitled to the trust estate as fully and in the same manner as the original trustee was and shall have all the power and discretion of the original trustee. 3B:11-6. Vacancy in trusteeship upon discharge or removal When a trustee is removed or discharged by the Superior Court before the completion of the trust, the court may appoint a fit person or persons to fill the vacated office. 3B:11-7. Powers of new, substituted or additional trustees A duly appointed new, substituted or additional trustee shall have the same power and discretion with respect to the investment, management, conversion, sale or other disposition of the trust estate, whether real or personal, as was given to or vested in the original trustee or trustees named in or appointed by the will or other instrument creating or continuing the trust, notwithstanding the power or discretion may be directed by the will or other instrument to be exercised at the discretion of the original trustee or trustees unless the power or discretion of the original trustee or trustees is expressly prohibited by the will or other instrument to any new, substituted or additional trustee.

Additional Clauses for Domestic Partnership Agreements

Consideration The parties agree that they enter into this Domestic Partnership Agreement for good and valid consideration. That consideration is their mutual covenants and promises as expressed in this document. 2. Entire Agreement The parties agree that this document [instrument, recitation] contains the complete and entire agreement [understanding] between them. Any and all prior representations, correspondence, communications, and the like are incorporated into this agreement either explicitly or implicitly. The provisions of this document constitutes the entire understanding of the parties as to their respective rights, duties, and obligations of their Domestic Partnership. 3. Hold Harmless and Indemnification Clause In the event that either party defaults on or fails to abide by the terms of this Agreement, that party shall indemnify the other and hold him/her harmless for all reasonable costs and expenses, including but not limited to attorney fees, incurred in enforcing this Agreement. This indemnification includes any costs incurred by the nondefaulting party in asserting or defending any rights hereunder against the defaulting party or any third parties who may be cooperating with or encouraging the defaulting party. 4. Severability In the event that a court of competent jurisdiction deems any clause or provision of this Agreement to be unenforceable or invalid, that clause or provision shall be severed from the agreement. All remaining clauses and provisions shall continue in full force and effect and shall be enforceable by the parties. 5. Absence of Duress or Intimidation The parties acknowledge that they enter into this Agreement freely and without any intent to deceive. By their signatures they state that they are not entering into this Agreement as the result of undue influence, fraud, or distress (economic, physical, or emotional) of any kind. They state that they are competent to enter into this Agreement and do so willingly. They also state that no other person or persons have exerted any pressure or undue influence over them to sign this Agreement. 6. Statement of Intent of the Parties The parties intend to treat their domestic partnership as if it were a marriage sanctioned by the laws of the State of __________________. If the parties decide, at some future date, to terminate their domestic partnership they agree to resolve any disputes without resorting to litigation. The parties agree it is their intent to use mediation, collaborative law, or binding arbitration to resolve their disputes. They agree to submit all issues they cannot resolve between themselves to binding arbitration. The arbitrator shall apply the property, debt, and maintenance laws of the State of __________________ in resolving the issues presented by the parties. The parties agree that the arbitrator shall be selected from a list provided by the American Arbitration Association. The parties also agree to submit to binding arbitration under the rules of the American Arbitration Association. The parties agree that each shall be responsible for one-half of the fees and costs associated with any binding arbitration. The parties agree that for the purposes of this Agreement, their Domestic Partnership began on _________________.

AARP Legal Services Plan

Middlesex County EXPANDING AARP Legal Services Network (LSN) Finding an attorney can be overwhelming and confusing: Will your concerns be addressed? Is it worth it or will you be charged for services you dont understand? In answer to these questions AARP has developed a members-only Legal Service Network. Made up of over 1,000 attorneys in over 40 states and DC who have been screened, interviewed and have met specific standards of experience and customers services, the LSN offers a free half-hour of legal consultation, a 20 percent reduction off the attorneys usual rates and low fixed fees for simple, straight wills and powers of attorney. "This program is designed to take the fear out of contacting an attorney," explains Jane H. Margesson, Senior Marketing Analyst for the LSN. "Surveys show that many older Americans do not seek legal advice even when they realize they should because they dont know how to find an attorney and are unsure of the costs involved. With a guaranteed 20% reduction in fees plus a free initial consultation, older Americans can finally access the legal help they need." Past surveys have shown that over 80% of the members who used the service rated it "good" or "excellent." Paul Kegler from Boston stated "I had never used an attorney before and I was very nervous. The LSN attorney was reassuring and professional. I would always use the AARP Legal Service Network." "It can be very intimidating finding an attorney," says Margesson. "There are plenty of practicing attorneys in this country, but will they have the appropriate legal experience for your case? Do they have a good reputation? These can be difficult questions to answer." This is where the LSN can help: As a part of the screening process, each participating lawyer completes a detailed application before being accepted into the program. "We even check their bar status says Margesson. "Every attorney in our program has met strict LSN standards." For a Central New Jersey Attorney, who will handle Wills, Probate, car accidents, fall down injuries or Traffic Tickets , call (732) 572-0500. For outside Central New Jersey call (800) 424-3410 or go on-line at www.aarp.org/LSN. For those who prefer to write, the address is LSN Fulfillment, P.O Box 100084, Pittsburgh, PA 15233. Have your membership number ready. In Middlesex County, Kenneth Vercammen, Esq. has been approved as an AARP Network Attorney. AARP is a nonprofit, nonpartisan membership organization for people 50 and over. We provide information and resources; advocate on legislative, consumer, and legal issues; assist members to serve their communities; and offer a wide range of unique benefits, special products, and services for our members. These benefits include AARP Webplace at www.aarp.prg, Modern Maturity and My Generation magazines, and the monthly AARP Bulletin. Active in every state, the AARP celebrates the attitudes that age is just a number and life is what you make of it.

AARP FREE WILL SEMINARS AND SPEAKERS BUREAU

AARP FREE WILL SEMINARS AND SPEAKERS BUREAU

The AARP Network Attorneys of the Edison/ Metuchen/ New Brunswick area have established a community Speakers Bureau to provide educational programs for AARP and senior clubs, Unions and Middlesex County companies. During the past year volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups; These quality lunch time educational programs will educate and even entertain. Clubs; and companies are invited to schedule a Free seminar. The following Seminars are now available: 1. WILLS; ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY 2. MOTOR VEHICLE POINTS, SURCHARGES, THE MUNICIPAL COURTS AND NEW; JERSEY TRAFFIC LAWS 3. CAR INSURANCE- EXPLANATIONS ON CAR INSURANCE POLICIES AND WHAT IS RIGHT FOR YOU All instructors are licensed attorneys who have been in practice at least 17 years. All instructors are; members of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association All programs include free written materials. Details on the 3 Programs currently offered: 1. WILLS, TRUSTS, ESTATE ADMINISTRATION ...DON'T LET THE TAXES AND EXPENSES DESTROY YOUR FAMILY'S FUTURE You don't have to be wealthy or near death to do some thinking about a Will; Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law. Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy), Mechanics of a Will; Selecting an executor, trustee and guardian; Proper Will execution; Cost of a Simple Will. Where should Wills be kept?; Living Will& Powers of Attorney; $10,000 annual gift tax exclusion,; Bequests to charity, Why you need a Self-Proving Will and Estate Administration/ Probate. Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. 2 MOTOR VEHICLE SURCHARGES, THE MUNICIPAL COURTS AND NEW JERSEY TRAFFIC LAWS How to defend/ fight speeding tickets, driving while suspended, careless driving and other traffic violations. Pursuant to State Regulations, the New Jersey Division of Motor Vehicles (DMV) tracks your driving by adding points to your record when you are convicted of a moving violation; The more serious the violation, the more points you are assessed; Motor Vehicle points are completely separate from insurance eligibility points, which are used by the NJ State Department of Insurance to assess surcharges on your insurance payments; Your insurance company can charge you an extra surcharge on top of DMV surcharges Your insurance company can seek approval to charge several hundred dollars for points or even cancel your policy; Therefore, it is often important to plead not guilty to municipal court motor vehicle violations and speak with the prosecutor to try to plead guilty to a lesser point, lesser speed violation. 3. CAR INSURANCE- EXPLANATIONS ON CAR INSURANCE POLICIESAND WHAT IS RIGHT FOR YOU the Best Coverage for your Dollar! -Payment of medical bills (PIP) -Verbal/ Lawsuit Threshold and not waiving right to bring suit if injured -Income continuation benefits -Property damage -Uninsured motorist coverage SPEAKERS BUREAU At the request of AARP members, Unions and Middlesex County companies organizations, the Speakers Bureau is a service designed to educate citizens about how laws affect their lives and how the judicial system operates; We have attorneys available to speak to business persons, educational, civic and social organizations on a wide range of topics during business hours. HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS Chances are many of your members have been in a situation where they could benefit from legal advice; Have you ever been in an accident? Has a motor vehicle or criminal complaint been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights then later face lengthy license suspension or even jail for failure to resolve legal problems early on; That's why Legal Rights Seminars are offered. This means your members can get advice and possibly prevent legal problems before they occur Most importantly, they can have peace of mind. Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money; For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity; Employees' work performance often has a direct relationship to personal legal problems, therefore the sooner a solution can be found for the employees' problems, the sooner the employees can focus on their work. No soliciting of members One free consultation card available per member/ employee. As set forth previously, in this seminar series we do not permit our attorney/ speakers to solicit the people in attendance. However, a free on month consultation card is provided to all who attend, a $200 value; Use

AARP FREE WILL SEMINARS AND SPEAKERS BUREAU

The AARP Network Attorneys of the Edison/ Metuchen/ New Brunswick area have established a community Speakers Bureau to provide educational programs for AARP and senior clubs, Unions and Middlesex County companies. During the past year volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups; These quality lunch time educational programs will educate and even entertain. Clubs; and companies are invited to schedule a Free seminar. The following Seminars are now available: 1. WILLS; ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY 2. MOTOR VEHICLE POINTS, SURCHARGES, THE MUNICIPAL COURTS AND NEW; JERSEY TRAFFIC LAWS 3. CAR INSURANCE- EXPLANATIONS ON CAR INSURANCE POLICIES AND WHAT IS RIGHT FOR YOU All instructors are licensed attorneys who have been in practice at least 17 years. All instructors are; members of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association All programs include free written materials. Details on the 3 Programs currently offered: 1. WILLS, TRUSTS, ESTATE ADMINISTRATION ...DON'T LET THE TAXES AND EXPENSES DESTROY YOUR FAMILY'S FUTURE You don't have to be wealthy or near death to do some thinking about a Will; Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law. Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy), Mechanics of a Will; Selecting an executor, trustee and guardian; Proper Will execution; Cost of a Simple Will. Where should Wills be kept?; Living Will& Powers of Attorney; $10,000 annual gift tax exclusion,; Bequests to charity, Why you need a Self-Proving Will and Estate Administration/ Probate. Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. 2 MOTOR VEHICLE SURCHARGES, THE MUNICIPAL COURTS AND NEW JERSEY TRAFFIC LAWS How to defend/ fight speeding tickets, driving while suspended, careless driving and other traffic violations. Pursuant to State Regulations, the New Jersey Division of Motor Vehicles (DMV) tracks your driving by adding points to your record when you are convicted of a moving violation; The more serious the violation, the more points you are assessed; Motor Vehicle points are completely separate from insurance eligibility points, which are used by the NJ State Department of Insurance to assess surcharges on your insurance payments; Your insurance company can charge you an extra surcharge on top of DMV surcharges Your insurance company can seek approval to charge several hundred dollars for points or even cancel your policy; Therefore, it is often important to plead not guilty to municipal court motor vehicle violations and speak with the prosecutor to try to plead guilty to a lesser point, lesser speed violation. 3. CAR INSURANCE- EXPLANATIONS ON CAR INSURANCE POLICIESAND WHAT IS RIGHT FOR YOU the Best Coverage for your Dollar! -Payment of medical bills (PIP) -Verbal/ Lawsuit Threshold and not waiving right to bring suit if injured -Income continuation benefits -Property damage -Uninsured motorist coverage SPEAKERS BUREAU At the request of AARP members, Unions and Middlesex County companies organizations, the Speakers Bureau is a service designed to educate citizens about how laws affect their lives and how the judicial system operates; We have attorneys available to speak to business persons, educational, civic and social organizations on a wide range of topics during business hours. HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS Chances are many of your members have been in a situation where they could benefit from legal advice; Have you ever been in an accident? Has a motor vehicle or criminal complaint been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights then later face lengthy license suspension or even jail for failure to resolve legal problems early on; That's why Legal Rights Seminars are offered. This means your members can get advice and possibly prevent legal problems before they occur Most importantly, they can have peace of mind. Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money; For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity; Employees' work performance often has a direct relationship to personal legal problems, therefore the sooner a solution can be found for the employees' problems, the sooner the employees can focus on their work. No soliciting of members One free consultation card available per member/ employee. As set forth previously, in this seminar series we do not permit our attorney/ speakers to solicit the people in attendance. However, a free on month consultation card is provided to all who attend, a $200 value; Use

A&P Fall Downs

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured. Our website kennethvercammen.com provides information on civil cases we can be retained to represent people. Sometimes, store customers are injured in fall downs caused by wet and slippery floors or failure by stores to clean up broken or fallen items. 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. It is further the duty of the store to properly and adequately inspect, maintain and keep the library premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the store, be caused to fall down If the store did not perform their duty to plaintiff to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can file a claim for damages, together with interest and costs of suit. Injured people can demand trial by jury. The following information is taken from the old model jury charges dealing with fall downs by store customers: INVITEE - DEFINED AND GENERAL DUTY OWED An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitee's safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover. BUSINESS INVITEE FALL DOWNS: The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation. Notes: (1) Business Invitee: The duty owed to a "business invitee" is no different than the duty owed to other "invitees." (2) Construction Defects, Intrinsic and Foreign Substances: The rules dealt with in this section and subsequent sections apply mainly to those cases where injury is caused by transitory conditions, such as falls due to foreign substances or defects resulting from wear and tear or other deterioration of premises which were originally constructed properly. Where a hazardous condition is due to defective construction or construction not in accord with applicable standards it is not necessary to prove that the owner or occupier had actual knowledge of the defect or would have become aware of the defect had he/she personally made an inspection. In such cases the owner is liable for failing to provide a safe place for the use of the invitee. Thus, in Brody v. Albert Lipson & Sons, 17 N.J. 383 (1955), the court distinguished between a risk due to the intrinsic quality of the material used (calling it an "intrinsic substance" case) and a risk due to a foreign substance or extra-normal condition of the premises. There the case was submitted to the jury on the theory that the terrazzo floor was peculiarly liable to become slipper when wet by water and that defendant should have taken precautions against said risk. The court appears to reject defendant's contention that there be notice, direct or imputed by proof of adequate opportunity to discover the defective condition. 17 N.J. at 389. It may be possible to reconcile this position with the requirement of constructive notice of an unsafe condition by saying that an owner of premises is chargeable with knowledge of such hazards in construction as a reasonable inspection by an appropriate expert would reveal. See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees. DUTY TO INSPECT OWED TO INVITEE The duty of an owner (or occupier) of land (or premises) to make the place reasonably safe for the proper use of an invitee requires the owner or occupier to make reasonable inspection of the land (or premises) to discover hazardous conditions. NOTICE OF PARTICULAR DANGER AS CONDITION OF LIABILITY If the jury members find that the land (or premises) was not in a reasonably safe condition, then, in order to recover, plaintiff must show either that the owner (or occupier) knew of the unsafe condition for a period of time prior to plaintiff's injury sufficient to permit him/her in the exercise of reasonable care to have corrected it, or that the condition had existed for a sufficient length of time prior to plaintiff's injury that in the exercise of reasonable care the owner (or occupier) should have discovered its existence and corrected it. Notes: (1) The above charge is applicable to those cases where the defendant is not at fault for the creation of the hazard of where the hazard is not to be reasonably anticipated as an incident of defendant's mode of operation. See: Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966) (dictum). (2) An employee's knowledge of the danger is imputed to his/her employer, the owner of premises. Handelman v. Cox, 39 N.J. 95, 104 (1963). NOTICE NOT REQUIRED WHEN CONDITION IS CAUSED BY DEFENDANT If the jury members find that the land (or premises) was not in a reasonably safe condition and that the owner (or occupier) or his/her agent, servant or employee created that condition through his/her own act or omission, then, in order for plaintiff to recover, it is not necessary for the jury members also to find that the owner (or occupier) had actual or constructive notice of the particular unsafe condition. BURDEN OF GOING FORWARD In Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 429-430 (1966), the court held that where string beans are sold from bins on a self-service basis there is a probability that some will fall or be dropped on the floor either by defendant's employees or by customers. Since plaintiff would not be in a position to prove whether a particular string bean was dropped by an employee or another customer (or how long it was on the floor) a showing of this type of operation is sufficient to put the burden on the defendant to come forward with proof that defendant did what was reasonably necessary (made periodic inspections and clean-up) in order to protect a customer against the risk of injury likely to be generated by defendant's mode of operation. Presumably, however, the burden of proof remains on plaintiff to prove lack of reasonable care on defendant's part. If defendant fails to produce evidence of reasonable care, the jury may infer that the fault was probably his. See also: Bozza, supra, 42 N.J. at 359. Whether or not defendant has furnished an invitee with a reasonably safe place for his/her use may depend upon the obviousness of the condition claimed to be hazardous and the likelihood that the invitee would realize the hazard and protect himself/herself against it. Even though an unsafe condition may be observable by an invitee the jury members may find that an owner (or occupier) of premises is negligent, nevertheless, in maintaining said condition when the condition presents an unreasonable hazard to invitees in the circumstances of a particular case. If the jury members find that defendant was negligent in maintaining an unsafe condition, even though the condition would be obvious to an invitee, the fact that the condition was obvious should be considered by the jury members in determining whether the invitee was contributorily negligent (a) in proceeding in the face of a known hazard or (b) in the manner in which the invitee proceeded in the face of a known hazard. DISTRACTION OR FORGETFULNESS OF INVITEE Even if the jury members find that plaintiff knew of the existence of the unsafe or defective condition, or that the unsafe or defective condition was so obvious that defendant had a reasonable basis to expect that an invitee would realize its existence, plaintiff may still recover if the circumstances or conditions are such that plaintiff's attention would be distracted so that he/she would not realize or would forget the location or existence of the hazard or would fail to protect himself/herself against it. Thus, even where a hazardous condition is obvious the jury members must first determine whether in the circumstances the defendant was negligent in permitting the condition to exist. Even if defendant was negligent, however, if plaintiff knew that a hazardous condition existed, plaintiff could not recover if he/she was contributorily negligent, that is to say, plaintiff could not recover if he/she did not act as a reasonably prudent person either by proceeding in the face of a known danger or by not using reasonable care in the manner in which he/she proceeded in the face of the danger. In considering whether plaintiff was contributorily negligent the jury members may consider that even persons of reasonable prudence in certain circumstances may have their attention distracted so that they would not realize or remember the existence of a hazardous condition and would fail to protect themselves against it. Mere lapse of memory or inattention or mental abstraction at the critical moment is not an adequate excuse. One who is inattentive or forgetful of a known and obvious danger is contributorily negligent unless there is some condition or circumstance which would distract or divert the mind or attention of a reasonably prudent person. * * * 1. Defendant's duty. People can hurt themselves on almost any condition of the premises. That is certainly true of an ordinary flight of stairs. But it takes more than this to make a condition unreasonably dangerous. If people who are likely to encounter a condition may be expected to take perfectly good care themselves without further precautions, then the condition is not unreasonably dangerous because the likelihood of harm is slight. This is true of the flight of ordinary stairs in a usual place in the daylight. It is also true of ordinary curbing along a sidewalk, doors or windows in a house, counters in a store, stones and slopes in a New England field, and countless other things which are common in our everyday experience. It may also be true of less common and obvious conditions which lurk in a place where visitors would expect to find such dangers. The ordinary person can use or encounter all of these things safely if he/she is fully aware of their presence at the time. And if they have no unusual features and are in a place where he/she would naturally look for them, he/she may be expected to take care of himself if they are plainly visible. In such cases it is enough if the condition is obvious, or is made obvious (e.g., by illumination). * * * http://KennethVercammen.com/ap_fall_downs.html

JUDGE'S INSTRUCTIONS TO JURORS IN A CIVIL CASE

A JUDGES INSTRUCTIONS TO JURORS IN A CIVIL CASE

A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Dont give up! Our Law Office can provide experienced attorney representation if you are injured. If the case cannot settle, and goes to the judge and jury, portion of the Model Jury charge set forth what a judge should tell the jurors, prior to making a decision. Outline of what the judge tells the jury 1. Explanation of Nature of Case 2. Duty of Citizens to Serve as Jurors 3. Counsels Right to Peremptory Challenges 4. Introduction of Parties, Counsel and Potential Witnesses 5. Identification of Potential Witnesses 6. Particularized Questions ------------------------------------------------------------------INSTRUCTIO NS TO JURORS 1. Explanation of Nature of Case The judge will address the members of the jury pool and inform them that a number of them (usually between six and twelve and two alternates) will be selected to be jurors for the trial of a civil case. The judge will explain the nature of the case. For example: It arises out of an automobile accident that occurred on Route #1, here in Middlesex County, on ( date ). The plaintiff brings this suit contending that the accident was caused by the negligence or fault of the driver of the other vehicle. She sues to recover money damages for the injuries she says she sustained in the accident. Her husband is also a plaintiff and he sues for money damages to compensate him for his losses. The defendant in the case denies that he caused this accident. The jury will be asked to decide fault for the accident and, if the plaintiffs are entitled to an award of damages. The jury will also be asked to decide on the appropriate amount. 2. Duty of Citizens to Serve As Jurors Serving as a juror is inconvenient, but jury service is an important duty of citizenship. Having jurors available to decide the facts in lawsuits is fundamental to our entire system of justice. The courts cannot function without members of the public offering their time to serve as jurors. 3. Counsels Right To Peremptory Challenges After the judge has asked you a number of questions which relate to your ability to hear and decide this case with an open mind and with complete impartiality. The attorneys who represent the parties in the lawsuit can exercise the right to excuse one or more of the jurors without giving any explanation or reason. If they are excused in that manner, please do not take it personally. No offense is intended. The law traditionally gives each attorney the right to have a limited number of jurors excused for no expressed reason. 4. Introduction Of Parties, Counsel and Potential Witnesses The judge will introduce the parties to the lawsuit as follows: [The judge will give the full name and municipality of residence of each party. If the parties are present in the courtroom, the Court may, in its discretion, ask the party to stand so that the jury can identify him or her.] The attorneys who represent the parties are: [The judge will give the full name of each attorney and the law firm for which he or she appears. The Court should consider asking each attorney to rise upon introduction by the Court. The Court might consider the option of asking each attorney to introduce himself or herself and the party represented in lieu of the Court performing the introduction.] Do any of you jurors know any of the parties to this lawsuit or do you know anyone you believe to be related to or acquainted with any party to the lawsuit? [If an affirmative answer, ask the juror to explain.] Do any of you jurors know any attorney involved in this lawsuit or any member of the firm for which the attorney appears? Have you or anyone close to you ever been represented by any of the law firms whose name the judge has just given you? [If an affirmative answer, ask the juror to explain.] 5. Identification Of Potential Witnesses The court will now identify for jurors all persons who are potential witnesses in this trial. [Give name and address or some identification of each potential witness.] Because knowing one of the potential witnesses might influence your independent and impartial judgment of the facts of this case, the judge needs to know if you recognize any of the names the judge just read. Do you know any of the potential witnesses in this trial? [If an affirmative answer, ask the juror to explain.] 6. Particularized Questions [At this point, the Court should question the jurors about all subjects that might influence their impartiality. The nature of those questions will depend upon the nature and the specific facts of the case to be tried.] [In the event the Court anticipates that some jurors may be asked to answer certain questions at side-bar in the presence of only the Court and the attorneys, the following instruction should be considered.] The judge may occasionally suggest a conference over here at the side of the Bench because there is a possibility that your comment could influence the other jurors if they heard it. You also might feel more comfortable responding to the questions in some degree of privacy rather than in front of everyone in the courtroom. These conferences will be on the record the same as every other word that is spoken in this courtroom. Model Civil Jury Charges 1.11 PRELIMINARY CHARGE [To be given after the jury is sworn in but before the openings.] Outline A. Role of Jury, Court and Attorneys B. Prohibition Against Discussing the Case C. Jurors Not to Visit the Accident Scene or Do Investigations D. Note-Taking Prohibited E. Outline of Order of Events F. Settling Defendants A. Role of Jury, Court and Attorneys The judge will say, "As the jury in this case, you will be the judges of the facts and you will be the only judges of the facts. You will have to decide what happened. The judge plays no part in judging the facts. That is the jurors responsibility. The judge role is to be the judge of the law, that is to say, the judge makes whatever legal decisions have to be made during the course of the trial, and the judge will explain to you the legal principles that must guide you in your decisions on the facts. You are to judge the facts in this case based upon the evidence presented to you and based only on the evidence. This evidence will consist of the testimony of witnesses, the exhibits marked into evidence, and any material that we read to you. As the trier of fact, it will be your job to judge the believability of the witnesses. Size up the witness. Is the witness telling the truth? Does the witness know what he/she is talking about? How good is the witnesss recollection? Is the witness accurate and correct in what he/she is saying? You may also consider the demeanor of the witness, that is, how is the witness behaving and responding to the questions asked. You may believe part of the witnesss testimony and not believe other parts of it." During the trial, the judge will be required to rule on the admission or rejection of evidence. You are to give no consideration to any evidence that the judge rules to be inadmissible and you are not to speculate or guess about what that evidence might have been or what it might have meant. Do not infer from any rulings the judge makes in this case or anything the judge says what his/her feelings might be about the outcome of this case. Even if you knew what the judges feelings were, you should disregard them, because it is the your decisions on the facts that control, not the judges. At the close of the entire case, the judge will explain to you the law, which applies to this case. You must accept the law as the judge explains it to you and apply it to the facts as you find them to be based on the evidence. During the course of the trial, you will hear from the attorneys on numerous occasions. Always bear in mind that the attorneys are not witnesses and what they say is not evidence in the case, whether they are arguing, objecting or asking questions. The attorneys are here as advocates and spokespersons for their clients positions. B. Prohibition Against Discussing the Case This case is very important to all the parties involved. They are entitled to the full attention of the jury throughout the trial and to fair and impartial consideration of the case by the jury. It is important, therefore, that you keep an open mind about this case until the very end when you are in the jury room deliberating. You are not to make any judgments or come to any conclusions about this case, until you have heard the whole story and that means until all the evidence is presented and the judge has explained the law to you. You are not to have any contact or discussions with any of the parties, their attorneys, or any of the witnesses. You are not to discuss the case with anyone or permit anyone to discuss the case with you, whether here in the courthouse or anywhere outside the courthouse. If anyone attempts to discuss this case with you or attempts to influence your judgment about the case, you are to report that to the judge immediately. If you are to keep an open mind, you must not even discuss this case among yourselves until it is over and you are deliberating. That means, when you convene each morning, as you are leaving at the end of each trial day and during your recesses and breaks you are not to talk about this case among yourselves. Do not discuss this case with anyone that is not on the jury. This includes your family and friends. When you go home, you may tell your family you have been selected as a juror in a civil case and the expected length of the trial. You should not tell them anything more about the case. Even though a further explanation by you may begin innocently, once you finish talking the other person is not going to just stand there and say nothing. That person will say something and that response may influence your thinking. Your thinking should be influenced only by what you learn in the courtroom. C. Jurors Not to Visit Accident Scene or Do Investigations While this case is pending, you must not visit the (accident) scene. That area may have changed from the time of the (accident/incident) until now. In addition, do not do any research or make any investigations about this case on your own. That is not your job. You are here to decide this case based solely on the evidence presented in this courtroom. D. Note-Taking (When note taking is prohibited) You will not be permitted to take notes during this trial. The concern is that note-taking would be distracting, that notes would often be incomplete and that undue weight may be given to the notes. The court wants you to rely upon your combined recollection of all the evidence. E. Outline of Order of Events The trial will start with the attorneys opening statements. In their opening statements the attorneys will explain to you the position of their clients in this litigation. They will tell you what they think this case is about, and what they believe the evidence will show. The opening statements are designed to highlight for you the disagreements and factual differences between the parties in order to help you judge the significance of the evidence when it is presented. Once the attorneys have made their opening statements then each party is given an opportunity to present its evidence. First, the plaintiff presents its evidence. Then the defense will present its evidence. Each witness will undergo direct examination which means that the attorney calling the witness will ask that person questions. After that the other attorneys are given an opportunity to question the witness, which is referred to as cross-examination. Once all the evidence has been presented, the attorneys will make their closing arguments. They will give you their analysis of what the evidence means and will attempt to highlight the significant evidence that is helpful to their clients positions. Once the closing arguments are completed, the judge will instruct you on the legal principles to be followed when deciding this case. F. Settling Defendants When this case started, the plaintiff claimed that there was a cause of the accident. Before the trial started, settled with plaintiff and for that reason will no longer be involved in this trial. The effect of that settlement on the parties still here is of no concern to you at the present time and you should not speculate about that. The judge will explain the effect that settlement will have on your deliberations at the end of the case. ------------------------------------------------------------------ GENERAL PROVISIONS AND OUTLINE FOR STANDARD CHARGE (11/98) Outline Introduction A. Purpose of Charge B. Role of the Court C. Role of the Attorneys D. Role of the Jury E. The Evidence F. Contention of the Parties G. Burden of Proof H. Preponderance of the Evidence I. Direct and Circumstantial Evidence or Inferences J. Credibility K. False in One - False in All L. Damages M. No Prejudice, Passion, Bias or Sympathy N. Deliberations O. Alternates P. Verdict Q. Jury Verdict Sheet R. Communications with Court ------------------------------------------------------------------ A. Purpose of Charge The judge is now going to tell you about the principles of law governing this case. You are required to accept the judges instructions as the law. (You should consider these instructions as a whole, and do not pick out any particular instruction and place undue emphasis upon it). B. Role of the Court The judge sits here as the judge of the law. As part of this responsibility, the judge will make various rulings and statements throughout this trial. Do not view these rulings and statements as clues about how the judge thinks this case should be decided. They are not. They are based solely on the judges understanding of the law and rules of evidence, and they do not reflect any opinions of the judge about the merits of this case. Even if they did, you should disregard them, because it is the your role to decide this case, not the judges. C. Role of the Attorneys The lawyers are here as advocates for their clients. In their opening statements and in their summations, they have given you their views of the evidence and their arguments in favor of their clients position. While you may consider their comments, nothing that the attorneys say is evidence and their comments are not binding upon you. (In addition, you must not decide this case based on the performance of the attorneys.) D. Role of the Jury You sit here as judges of the facts. You alone have the responsibility of deciding the factual issues in this case. It is the your recollection and evaluation of the evidence that controls. If the attorneys or the judge say anything about the facts in this case that disagrees with your recollection of the evidence, it is your recollection that you should rely on. Your decision in this case must be based solely on the evidence presented and the judges instructions on the law. E. The Evidence The evidence in this case consists of [refer to appropriate items]: 1. the testimony that you heard from the witness (including any videotaped testimony); 2. the exhibits that have been marked into evidence; 3. the deposition testimony and answers to interrogatories that were read into the record; 4. the stipulations and admissions that were placed on the record. As you recall, the stipulation and admissions are facts that the parties agree are true. Therefore, you can accept all admissions and stipulations as true in your deliberations. (Use when applicable) Any testimony that the judge has stricken from the record is not evidence and should not be considered by you in your deliberations. This means that even though you may remember the testimony, you are not to use it in your discussions or deliberations. F. Contention of the Parties [Judge explains the contentions of the parties.] G. Burden of Proof The burden of proof is on the plaintiff/each party to establish his/her/their claim by a preponderance of the evidence. In other words, if a person makes an allegation, then that person must prove the allegation. In this action, the plaintiff has the burden of establishing by a preponderance of the evidence all of the facts necessary to prove the following issues: [Judge explains issues raised by defendant.] H. Preponderance of the Evidence The term "preponderance of the evidence" means the amount of evidence that causes you to conclude that the allegation is probably true. To prove an allegation by the preponderance of the evidence, a party must convince you that the allegation is more likely true than not true. If the evidence on a particular issue is equally balanced, that issue has not been proven by a preponderance of the evidence. Therefore, the party having the burden of proving that issue has failed with respect to that particular issue. I. Direct and Circumstantial Evidence or Inferences 1. Direct and Circumstantial Evidence Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as the testimony of an eyewitness. Circumstantial evidence (sometimes called inferences) consists of a chain of circumstances pointing to the existence of certain facts. Circumstantial evidence is based upon deductions or logical conclusions that you reach from the direct evidence. An example of direct and circumstantial evidence is followed. If a witness testified that he/she observed snow falling last night, that would be an example of direct evidence. On the other hand, if a witness testified that there was no snow on the ground before going to sleep and that when he/she arose in the morning the ground was snow covered, the jurors could infer from these facts that it snowed during the night. That would be an example of circumstantial evidence. You may consider both direct and circumstantial evidence in deciding this case. The law permits you to give equal weight to both, but it is for you to decide how much weight to give to any evidence. 2. Inferences When deciding this case, you are permitted to draw inferences from the evidence. Inferences are deductions or logical conclusions drawn from the evidence. Use logic, your collective common knowledge, and your common sense when determining what inferences can be made from the evidence. J. Credibility You will have to decide which witnesses to believe and which witnesses not to believe. Regardless of whether the witness is a lay person or expert, you may believe everything a witness said or only part of it or none of it. In deciding what testimony to believe, you may take into consideration: 1. the witness interest, if any in the outcome of this case; 2. the accuracy of the witness recollection; 3. the witness ability to know what he/she is talking about; 4. the reasonableness of the testimony; 5. the witness demeanor on the stand; 6. the witness candor or evasion; 7. the witness willingness or reluctance to answer; 8. the inherent believability of the testimony; 9. the presence of any inconsistent or contradictory statements. K. False in One - False in All [A trial judge has the discretion to give this charge in any situation in which the judge reasonably believes a jury may find a basis for its application. See State v. Ernst, 32 N.J. 567 (1960). When given, this charge usually will follow the section on credibility.] (Sample l) If you believe that any witness deliberately lied to you, on any fact significant to your decision in this case, you have the right to reject all of that witnesss testimony. However in your discretion you may believe some of the testimony and not believe other parts of the testimony. L. Damages The judge will now instruct the jurors on the law governing damages in the event you decide the liability issue in favor of the plaintiff. The fact that the judge instructs you on damages should not be considered as suggesting any view of the judge about which party is entitled to prevail in this case. Instructions on damages are given for your guidance in the event they find that the plaintiff is entitled to a verdict. The judge is required to provide instructions on damages in all cases where the trial includes a claim for damages. The plaintiff has the burden of establishing by a preponderance of the evidence each item of damages that he/she claims. The plaintiff must also prove that the damages were the natural and probable consequences of the defendants negligence. The accident must have been a proximate cause of the damages. Damages may not be based on conjecture or speculation. In this case the plaintiff is seeking the following types of damages [select the appropriate categories]: 1. medical expenses [Charge 6. ll A.]; 2. past and future lost wages [Charge 6.11D.]; 3. pain, suffering, disability, impairment and loss of enjoyment of life [Charge 6. ll F. & G.]. In addition, the plaintiffs spouse is seeking compensation in what we call a per quod claim [Charge 6.12]. M. No Prejudice, Passion, Bias or Sympathy Your oath as jurors requires you to decide this case fairly and impartially, without sympathy, passion, bias or prejudice. You are to decide this case based solely upon the evidence that you find believable and in accordance with the rules of law that the judge gives you. Sympathy is an emotion which is normal for human beings. No one can be critical of you for feeling some degree of sympathy in this matter. However, that sympathy must play no part in your thinking and in the decision you reach in the jury room. Similarly, your decision must not be based upon bias or prejudice which you might have developed during the trial, for or against any party. Your duty is to decide this case impartially and a decision based on sympathy, passion, bias or prejudice would violate that duty. N. Deliberations Jurors are not advocates for either party. You are judges of the facts. Your sole interest is to determine the truth from the evidence in the case. It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if you can do so without compromising your individual judgment. Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with the other jurors. O. Alternates There are now (seven/eight) of you in the jury box. Six of you will make up the jury which will deliberate and decide the case. The other(s) will be alternate jurors who will participate if one of the other jurors is unable to continue for some reason. Then the alternate will serve as a replacement. [See R. 1:8-2(d).] P. Verdict Since this is a civil case, any verdict of 5-1 or 6-0 is a legal verdict. Therefore, it is not necessary that all six jurors agree on each question. An agreement of any five jurors is sufficient. All six jurors must deliberate fully and fairly on each and every question, and all six jurors must determine and vote upon each question. It is not necessary that the same five jurors agree upon the answers to all questions. Whenever at least five jurors have agreed to any answer, that question has been decided, and you may move on to consider the remaining questions in the case if it is appropriate to do so. All six jurors must participate fully in deliberating on the remaining questions. A juror who has been outvoted on any question shall continue to deliberate with the other jurors fairly, impartially, honestly and conscientiously to decide the remaining questions. Each juror must consider each question with an open mind. When at least five of you have agreed upon a verdict, knock on the jury room door. Indicate to the attendant that you have reached a verdict and say nothing more. The attendant will escort you back to the jury box so that the court may receive your verdict. Q. Jury Verdict Sheet The judge will prepare a jury verdict sheet which the judge believes should make your task simpler. The judge will be sending that sheet with you to the jury room. The sheet has questions that you must consider and answer within the framework of the instructions that the judge has given you. R. Communications with Court After you have begun deliberations, all communications are done by sending a note from your foreperson. Knock on the door and hand the note to the attendant. No member of the jury should communicate with anyone outside the jury room except in this fashion. No member of the jury should indicate at any time how the jury stands numerically or otherwise until after you have reached a verdict. When the judge receives your note that it has reached a verdict, the attorneys will be gathered, and the judge will have the entire jury into court to receive the verdict. [Note: the jury may have the foreperson read the verdict sheet or the judge may ask the question on the verdict sheet and have the foreperson respond and give the vote.] Should you desire to communicate for any other reason, you must send a note in the same fashion. After the judge has your note, the judge will discuss it with counsel and then reply to you in open court on the record. Conclusion If you are injured, call KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for a confidential in office appointment