Legally Speaking

In our Legally Speaking Blog, an attorney from the NJSBF Speakers Bureau answers a general legal question.

Please note the information provided in Legally Speaking is general information and does not constitute legal advice, which should only be given by retained counsel.

If you would like to obtain a speaker through our Speakers Bureau, click here.

If you are an attorney (and a member of the New Jersey State Bar Association) and would like to join the Foundation’s Speakers Bureau or take advantage of other volunteer opportunities with the NJSBF, click here.

DOES MY LANDLORD HAVE AN OBLIGATION TO CURB NOISY TENANTS IF THEY DISTURB OTHER TENANTS?

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Landlord-Tenant Law

DOES MY LANDLORD HAVE AN OBLIGATION TO CURB NOISY TENANTS IF THEY DISTURB OTHER TENANTS? Most leases have what is called an implied covenant of "quiet enjoyment." This means that your landlord has an obligation to make sure that no other tenants are infringing upon...

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WHAT DO I NEED TO KNOW BEFORE BUYING A HOME IN A DEVELOPMENT RUN BY A HOMEOWNERS’ ASSOCIATION?

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Real Estate

WHAT DO I NEED TO KNOW BEFORE BUYING A HOME IN A DEVELOPMENT RUN BY A HOMEOWNERS' ASSOCIATION? You should request a copy of the HOA's (Home Owners' Association) bylaws and monthly fees. At first, a development can look like a great deal with tons of benefits. However,...

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DO NEW JERSEY CITIZENS HAVE THE RIGHT TO OBTAIN THEIR BIRTH RECORDS IF THEY WERE ADOPTED?

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Family Law

DO NEW JERSEY CITIZENS HAVE THE RIGHT TO OBTAIN THEIR BIRTH RECORDS IF THEY WERE ADOPTED? Effective January 1, 2017, New Jersey law permits adult adoptees who were born or adopted in New Jersey to request access to their birth records. These requests are made to the...

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HOW HIGH CAN A FENCE BE BUILT IN A RESIDENTIAL AREA?

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Zoning

HOW HIGH CAN A FENCE BE BUILT IN A RESIDENTIAL AREA? The answer depends on your local zoning code. Every municipality has its own zoning code, which is available at the municipal office, and may also be available on the municipal website or on www.generalcode.com....

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CAN I DISPUTE THE INFORMATION IN MY CREDIT REPORT? IF SO, HOW?

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Consumer Law

CAN I DISPUTE THE INFORMATION IN MY CREDIT REPORT? IF SO, HOW? Your credit score and credit history is key to your financial health. Making sure that you keep your credit records accurate is very important for your overall financial well-being. Consumers are permitted...

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DO FATHERS HAVE THE SAME RIGHT TO CHILD SUPPORT AS MOTHERS?

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Family Law

DO FATHERS HAVE THE SAME RIGHT TO CHILD SUPPORT AS MOTHERS? In New Jersey, all parents have an obligation to financially support their children, whether the children were born of a marriage or of a dating relationship. Child support is paid to the custodial parent of...

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What should a divorcing couple know about the process of using a divorce mediator and what are the benefits?

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Divorce Mediation

What should a divorcing couple know about the process of using a divorce mediator and what are the benefits? Mediation is a process where the parties work with a Mediator, who serves as a neutral and balanced facilitator. The Mediator assists them in defining their...

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IF I AM CALLED TO SERVE IN THE MILITARY, IS MY EMPLOYER REQUIRED TO HOLD MY JOB FOR ME UNTIL I RETURN?

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Military Law

IF I AM CALLED TO SERVE IN THE MILITARY, IS MY EMPLOYER REQUIRED TO HOLD MY JOB FOR ME UNTIL I RETURN? The simple answer is "probably, but maybe not." Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), an employer must re-employ an...

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CAN I GET MY MONEY BACK IF I AM THE VICTIM OF A SCAM?

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Consumer Law

CAN I GET MY MONEY BACK IF I AM THE VICTIM OF A SCAM? The answer is: it depends. A victim of a scam has recourse in the courts. The victim can sue the scammer and get a judgment against the person for fraud but that does not mean the victim will "get their money back"...

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HOW IS MEDIATION DIFFERENT FROM LITIGATION AND WHAT KINDS OF CASES CAN BE MEDIATED?

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Mediation

HOW IS MEDIATION DIFFERENT FROM LITIGATION AND WHAT KINDS OF CASES CAN BE MEDIATED? Litigation is a duel between warring factions. The attorney is the champion for his/her client and uses whatever weapons are in the attorney's arsenal to win the war. There are many...

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