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In But Not Of
''"In but not of"'' or ''"In, but not of"'' is a term used in New Jersey statutory law. Legal background Article V, section IV, paragraph 1, of the Constitution of New Jersey, adopted in 1947, states: :''All executive and administrative offices, departments, and instrumentalities of the State government, including the offices of Secretary of State and Attorney General, and their respective functions, powers and duties, shall be allocated by law among and within not more than twenty principal departments, in such manner as to group the same according to major purposes so far as practicable. Temporary commissions for special purposes may, however, be established by law and such commissions need not be allocated within a principal department.'' This means that, unlike the US federal government, New Jersey does not allow for the creation of independent agencies of the Executive branch that exist outside of a Cabinet department. To get around this restriction (without having to ame ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware River and Pennsylvania; and on the southwest by Delaware Bay and the state of Delaware. At , New Jersey is the fifth-smallest state in land area; but with close to 9.3 million residents, it ranks 11th in population and first in population density. The state capital is Trenton, and the most populous city is Newark. With the exception of Warren County, all of the state's 21 counties lie within the combined statistical areas of New York City or Philadelphia. New Jersey was first inhabited by Native Americans for at least 2,800 years, with the Lenape being the dominant group when Europeans arrived in the early 17th century. Dutch and Swedish colonists founded the first European settlements in the state. The British later seized control o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Creature Of Statute
A creature of statute (also known as creature of the state) is a legal entity, such as a corporation, created by statute. Creatures of statute may include municipalities and other artificial legal entities or relationships. Thus, when a statute in some fashion requires the formation of a corporate body—often for governmental purposes—such bodies when formed are known as "creatures of statute." The same concept is also expressed with the phrase "creature of the state." The term "creature of statute" is most common to the United States. In the United Kingdom, these bodies are simply called statutory corporations (or statutory bodies) and generally have some governmental function. The United Kingdom Atomic Energy Authority is an example. In a wider sense, most companies in the UK are created under statute since the Companies Act 1985 specifies how a company may be created by a member of the public, but these companies are not called 'statutory corporations'. Often, in American lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Law
The law of New Jersey consists of several levels, including constitutional, statutory, regulatory, case law, and local law. Sources The Constitution of New Jersey is the foremost source of state law. Legislation is enacted by the New Jersey Legislature, published in the '' Laws of New Jersey'', and codified in the '' New Jersey Statutes''. State agency regulations (sometimes called administrative law) are published in the ''New Jersey Register'' and codified in the ''New Jersey Administrative Code''. New Jersey's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, Appellate Division of the Superior Court, and Tax Court, which are published in the ''New Jersey Reports'', '' New Jersey Superior Court Reports'', and '' New Jersey Tax Reports'', respectively. Counties and municipalities may also promulgate local ordinances. Constitution The foremost source of state law is the Constitution of New Jersey. The New Jersey ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Department Of Community Affairs
The New Jersey Department of Community Affairs is a governmental agency of the U.S. state of New Jersey. The department is headed by Commissioner Sheila Oliver, who is also serving as lieutenant governor of New Jersey. Function The NJDCA provides "administrative guidance, financial support, and technical assistance to local governments, community development organizations, businesses and individuals to improve the quality of life in New Jersey." Divisions, programs, and services Division of Codes and Standards The DCS establishes and enforces building codes, licensing code officials and training to protect the health and safety of New Jerseyans, in partnership with the state's municipalities. It includes the Bureau of Housing Inspection. It also oversees the implementation of construction codes, amusement ride inspections, gas installations, boarding house licenses, and the New Home Warranty Program. Edward Smith is the director of the DCS. Division of Housing and Communit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council On Affordable Housing
The Council on Affordable Housing (COAH) is a defunct agency of the Government of New Jersey within the New Jersey Department of Community Affairs that was responsible for ensuring that all 566 New Jersey municipalities provided their fair share of low and moderate income housing. The COAH was created by the New Jersey Legislature in response to the Fair Housing Act of 1985 and a series of New Jersey Supreme Court rulings that are known as the Mount Laurel doctrine. History The council was made up of 12 members appointed by the Governor of New Jersey and approved by the New Jersey Senate. COAH defined housing regions, estimated the needs for low/moderate income housing, allocated fair share numbers by municipality and reviewed plans to fulfill these obligations. As of January 2006, 287 of New Jersey's 566 municipalities were part of the COAH process, and another 78 were under the court's jurisdiction. There were at least two COAH municipalities in each of the state's 21 countie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Department Of The Treasury
The mission of the New Jersey Department of the Treasury is to formulate and manage the state's budget, generate and collect revenues, disburse the appropriations used to operate New Jersey state government, manage the state's physical and financial assets, and provide statewide support services to state and local government agencies as well as the citizens of New Jersey. The department’s overriding goal is to ensure the most beneficial use of fiscal resources and revenues to meet critical needs, all within a policy framework set by the governor. The Office of the State Treasurer is one of the oldest units of New Jersey state government, the first treasurer named in 1776, following adoption of the first Constitution of New Jersey. State Treasurer of New Jersey * Liz Muoio, January 2018 to present *Ford Scudder, November 2015 to January 2018 * Robert Romano, July 2015 to November 2015 *Andrew Sidamon-Eristoff, January 2010 to July 2015 * David Rousseau, January 2008 to January ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Cannabis Regulatory Commission
The New Jersey Cannabis Regulatory Commission is a state government agency that regulates the sale of medicinal and recreational marijuana products in New Jersey. Organization The New Jersey Cannabis Regulatory Commission was created through the enactment of the Jake Honig Compassionate Use Medical Cannabis Act, signed by Governor Phil Murphy on July 2, 2019. The Commission, "in but not of the Department of the Treasury," was granted responsibility over the state's medical marijuana program. Leadership The Commission has five members, all appointed by the governor. Commissioner Krista Nash, was named upon the recommendation of the Senate President and Commissioner Samuel Delgado from the House Speaker's recommendation. In 2022, the Commission was led by its Chair, Dianna Houenou. Houenou was appointed to the position in 2021 by Governor Murphy. Previously, she worked as an advisor to Murphy and as an attorney with the New Jersey American Civil Liberties Union (ACLU). She earn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Department Of Education
The New Jersey Department of Education (NJ DOE) administers state and federal aid programs affecting more than 1.4 million public and non-public elementary and secondary school children in the state of New Jersey. The department is headquartered in the Judge Robert L. Carter Building in Trenton.DOE Locations and Directions " ''New Jersey Department of Education''. Retrieved on July 16, 2015. "New Jersey Department of Education Judge Robert L. Carter Building 100 River View Plaza P.O. Box 500 Trenton, NJ 08625-0500" Responsibilities The department is responsible for ensuring that local schools comply with state and federal laws and regulations. It also oversees pupil transportation services and directs education programs for adults and for persons who are handicapped, di ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Governor Of New Jersey
The governor of New Jersey is the head of government of New Jersey. The office of governor is an elected position with a four-year term. There is a two consecutive term term limit, with no limitation on non-consecutive terms. The official residence of the governor is Drumthwacket, a mansion located in Princeton, New Jersey. The governor’s office is located inside of the New Jersey State House in Trenton, making New Jersey notable as the executive’s office is located in the same building as the legislature. New Jersey is also notable for being one of the few states in which the governor’s official residence is not located in the state capital. The first and longest-serving governor of New Jersey was William Livingston, who served from August 31, 1776, to July 25, 1790. A. Harry Moore remains the longest-serving popularly elected governor. The current and 56th governor is Phil Murphy, a Democrat who assumed office on January 16, 2018. Role The governor is directly elect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Supreme Court
The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an Associate Justice of the Supreme Court of the United States. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776. As currently constituted, the court replaced the prior New Jersey Court of Errors and Appeals, which had been the highest court created under the Constitution of 1844.Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 12:1-1 Now, the Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
