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.

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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UNDER WHAT CIRCUMSTANCES MAY A LANDLORD ENTER A RENTAL PROPERTY WITHOUT THE TENANT’S CONSENT IN NEW JERSEY ?

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Landlord-Tenant Law

UNDER WHAT CIRCUMSTANCES MAY A LANDLORD ENTER A RENTAL PROPERTY WITHOUT THE TENANT'S CONSENT IN NEW JERSEY ? The simple and obvious answer is, no, a landlord cannot enter a rental property without the tenant's consent. New Jersey has one of the most liberal,...

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CAN I MAKE A HANDWRITTEN WILL?

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Wills

CAN I MAKE A HANDWRITTEN WILL? A handwritten will, also referred to as a holographic will, is valid as a will, under NJSA 3B:3-2, if it is signed by the testator, whether or not it has been witnessed, and if the material portions of the document are in the testator's...

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ARE THERE LAWS RESTRICTING A PERSON’S RIGHT TO OPERATE A BUSINESS FROM HOME?

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Business Law

ARE THERE LAWS RESTRICTING A PERSON'S RIGHT TO OPERATE A BUSINESS FROM HOME? As with most legal questions, the answer is that it depends. For the most part, people are legally allowed to operate a small business from their home. For example, an attorney can operate a...

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WILL MY ESTATE HAVE TO PAY TAXES AFTER I DIE?

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Wills and Estate Planning

WILL MY ESTATE HAVE TO PAY TAXES AFTER I DIE? New Jersey residents face three possible "death taxes"—inheritance tax, NJ estate tax and federal estate tax. If you leave property to someone other than your spouse, children, grandchildren, parents or a charity, then...

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HOW DO I REBUILD MY CREDIT AFTER DECLARING BANKRUPTCY?

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Consumer Law

HOW DO I REBUILD MY CREDIT AFTER DECLARING BANKRUPTCY? Many people erroneously assume that there is a certain designated period after they receive a discharge in bankruptcy where they are ineligible to either apply for or receive new credit cards or other debt. This...

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DO I HAVE TO BE INJURED AT MY WORKPLACE TO BE COVERED BY WORKERS’ COMPENSATION?

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Worker’s Compensation

DO I HAVE TO BE INJURED AT MY WORKPLACE TO BE COVERED BY WORKERS' COMPENSATION? Your work injury may be covered by workers' compensation even if you were not on your employer's premises when the accident happened. For example, a police officer is rarely in the police...

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IN NEW JERSEY, CAN A PERSON TAKE TIME OFF WORK (WITH PAY) TO VOTE?

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Employment Law

IN NEW JERSEY, CAN A PERSON TAKE TIME OFF WORK (WITH PAY) TO VOTE? There is no federal law that requires employers to provide time off from work to vote. Therefore, the answer to your question turns on state law. In New Jersey, there is no state law that entitles an...

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CAN I TRIM THE BRANCHES OF THE NEIGHBOR’S TREE THAT HANGS OVER ONTO MY YARD?

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Zoning Law

CAN I TRIM THE BRANCHES OF THE NEIGHBOR'S TREE THAT HANGS OVER ONTO MY YARD? New Jersey common law allows a property owner to trim the overhanging branches of a neighbor's tree if they constitute a nuisance. However, the property owner must exercise due care when...

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