WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word New Jersey law uses, what it actually means, and the misreading it usually collects.
70 terms
A
Adequate notice
The notice to the public a body gives before holding a meeting. Without it, a meeting is held only on the affirmative vote of three quarters of the members present for a matter so urgent that delay for notice would likely cause substantial harm to the public interest.
Also called meeting notice, Sunshine Law notice
The notice to the public a body gives before holding a meeting. Without it, a meeting is held only on the affirmative vote of three quarters of the members present for a matter so urgent that delay for notice would likely cause substantial harm to the public interest.
What it is not
An urgent meeting held without it is limited to the urgent matter, and notice is still posted and given to two newspapers as soon as possible.
Alimony
Support a court may award to either party: open durational, rehabilitative, limited duration or reimbursement.
Also called spousal support
Support a court may award to either party: open durational, rehabilitative, limited duration or reimbursement.
What it is not
For a marriage or civil union of less than 20 years, its total duration may not exceed the length of the marriage, except in exceptional circumstances.
Ascertainable loss
A loss of money or property from an unlawful practice, which lets a person sue under the consumer fraud law for threefold the damages, plus reasonable attorneys' fees, filing fees and costs of suit.
Also called Consumer Fraud Act, treble damages
A loss of money or property from an unlawful practice, which lets a person sue under the consumer fraud law for threefold the damages, plus reasonable attorneys' fees, filing fees and costs of suit.
What it is not
It is not the test of whether a practice is unlawful. A practice is unlawful whether or not anyone was actually misled.
B
Breach of security
What a business or public entity reports first to the Division of State Police, and then discloses to each affected customer in the most expedient time possible and without unreasonable delay. If more than 1,000 persons are notified at one time, the consumer reporting agencies are told too.
Also called data breach, breach notice
What a business or public entity reports first to the Division of State Police, and then discloses to each affected customer in the most expedient time possible and without unreasonable delay. If more than 1,000 persons are notified at one time, the consumer reporting agencies are told too.
Breach of the peace
The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.
Also called self help repossession limit
The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.
What it is not
The section does not define it or list the acts that cross it. What crosses that line is decided by courts, case by case.
C
Child passenger restraint system
A restraint meeting the federal standard that a child rides in, in a rear seat, by the steps the section sets: rear facing under the age of two years and less than 30 pounds, then forward facing with a harness, then a booster seat until the age of eight years or 57 inches.
Also called car seat, booster seat
A restraint meeting the federal standard that a child rides in, in a rear seat, by the steps the section sets: rear facing under the age of two years and less than 30 pounds, then forward facing with a harness, then a booster seat until the age of eight years or 57 inches.
What it is not
Failure to be secured is not contributory negligence, and is not admissible as evidence in a civil trial.
Closed session
A portion of a meeting from which the public may be excluded, limited to the matters the section lists, such as collective bargaining, pending or anticipated litigation, and personnel matters about a specific officer or employee.
Also called executive session
A portion of a meeting from which the public may be excluded, limited to the matters the section lists, such as collective bargaining, pending or anticipated litigation, and personnel matters about a specific officer or employee.
What it is not
A personnel matter is discussed in public if everyone whose rights could be affected asks in writing for a public discussion.
Court appointed administrator
The administrator with whom tenants in substandard housing deposit their rent until the dwelling meets minimum standards of safety and sanitation, in a proceeding a tenant or a public officer may bring.
Also called rent receivership, rent deposit
The administrator with whom tenants in substandard housing deposit their rent until the dwelling meets minimum standards of safety and sanitation, in a proceeding a tenant or a public officer may bring.
What it is not
The rent is not kept by the tenant. It is deposited with the administrator.
D
Deadly force
Force justifiable in an arrest only by a peace officer, or someone summoned to assist one, who reasonably believes it creates no substantial risk to innocent persons, that the crime was one of the serious crimes the section lists, and that there is an imminent threat of deadly force or the force is needed to stop the crime or prevent an escape.
Also called use of force
Force justifiable in an arrest only by a peace officer, or someone summoned to assist one, who reasonably believes it creates no substantial risk to innocent persons, that the crime was one of the serious crimes the section lists, and that there is an imminent threat of deadly force or the force is needed to stop the crime or prevent an escape.
What it is not
Any force in an arrest is justifiable only when the purpose of the arrest is made known, or reasonably believed already known or impossible to make known.
Defiant trespass
Entering or remaining in a place, knowing one has no right to be there, after notice against trespass by actual communication or posting. A petty disorderly persons offense.
Also called trespass, trespassing
Entering or remaining in a place, knowing one has no right to be there, after notice against trespass by actual communication or posting. A petty disorderly persons offense.
What it is not
It is not trespass in a structure, which is graded higher, and higher again in a dwelling or a school.
Degree of crime
How the code grades a crime, from first degree down to fourth. A crime of the third degree carries between three years and five years and a fine up to $15,000.00.
Also called crime of the third degree, indictable offense
How the code grades a crime, from first degree down to fourth. A crime of the third degree carries between three years and five years and a fine up to $15,000.00.
What it is not
The listed fine is not always the ceiling. A court may instead fine up to double the offender's gain or the victim's loss.
Disorderly conduct
With purpose to cause public inconvenience, annoyance or alarm, or recklessly risking it, fighting, threatening, behaving violently or tumultuously, or creating a hazardous condition with no legitimate purpose. A petty disorderly persons offense.
Also called disturbing the peace
With purpose to cause public inconvenience, annoyance or alarm, or recklessly risking it, fighting, threatening, behaving violently or tumultuously, or creating a hazardous condition with no legitimate purpose. A petty disorderly persons offense.
Disorderly persons offense
The grade below the crimes, punishable by not more than 6 months and a fine up to $1,000.00.
Also called DP, disorderly persons
The grade below the crimes, punishable by not more than 6 months and a fine up to $1,000.00.
What it is not
It is not the petty disorderly persons offense, the grade below it, with not more than 30 days and a fine up to $500.00.
Domestic violence
One of the listed offenses, among them assault, harassment, stalking, terroristic threats, criminal mischief, trespass and cyber-harassment, committed against a protected person by an adult or emancipated minor.
Also called DV
One of the listed offenses, among them assault, harassment, stalking, terroristic threats, criminal mischief, trespass and cyber-harassment, committed against a protected person by an adult or emancipated minor.
What it is not
It is not limited to spouses. A protected person includes present or past household members, a person with a child in common, and someone in a dating relationship.
Double damages
What a court awards a tenant who wins an action for the return of a deposit: double the amount owed, with full costs and, in the court's discretion, reasonable attorney's fees.
Also called double the deposit
What a court awards a tenant who wins an action for the return of a deposit: double the amount owed, with full costs and, in the court's discretion, reasonable attorney's fees.
What it is not
The deadline it enforces is 30 days after the lease ends, for the deposit, the tenant's interest and an itemized list of any deductions, and nothing may be deducted while the tenant is still in possession.
Driving while intoxicated
Operating a motor vehicle under the influence of liquor or a narcotic, hallucinogenic or habit producing drug, or with a blood alcohol concentration of 0.08 percent or more.
Also called DWI, drunk driving
Operating a motor vehicle under the influence of liquor or a narcotic, hallucinogenic or habit producing drug, or with a blood alcohol concentration of 0.08 percent or more.
What it is not
It is not only the driver's offense. Letting someone in that condition drive a vehicle one owns or controls is too.
Duty to report
The duty of any person having reasonable cause to believe a child has been subjected to child abuse, including sexual abuse, to report it immediately to the Division of Child Protection and Permanency, by telephone or otherwise.
Also called mandated reporter, child abuse report
The duty of any person having reasonable cause to believe a child has been subjected to child abuse, including sexual abuse, to report it immediately to the Division of Child Protection and Permanency, by telephone or otherwise.
What it is not
It is not limited to professionals. Any person with reasonable cause to believe reports.
E
Earned sick leave
Leave every employer provides, one hour for every 30 hours worked, for the employee's own or a family member's illness or preventive care, or for help after domestic or sexual violence.
Also called sick time, paid sick leave
Leave every employer provides, one hour for every 30 hours worked, for the employee's own or a family member's illness or preventive care, or for help after domestic or sexual violence.
What it is not
An employer need not allow more than 40 hours to accrue, be used or carry forward in a benefit year, and it is usable from the 120th calendar day after starting work.
Eluding
Knowingly fleeing or trying to elude an officer after a signal to stop, in a vehicle or vessel: a crime of the third degree, or the second if it creates a risk of death or injury.
Also called fleeing police, flight
Knowingly fleeing or trying to elude an officer after a signal to stop, in a vehicle or vessel: a crime of the third degree, or the second if it creates a risk of death or injury.
What it is not
It is not resisting arrest on foot, which is graded separately, and the court also suspends the license for six months to two years.
Emergency care
Care any individual, including a licensed health professional or a volunteer first aid or rescue squad member, renders in good faith at the scene of an accident or emergency, or while transporting the victim to a place of treatment. The individual is not liable for any civil damages from acts or omissions in rendering it.
Also called Good Samaritan, helping at an accident
Care any individual, including a licensed health professional or a volunteer first aid or rescue squad member, renders in good faith at the scene of an accident or emergency, or while transporting the victim to a place of treatment. The individual is not liable for any civil damages from acts or omissions in rendering it.
Equitable distribution
The court's division of property in a divorce, weighing factors such as the length of the marriage, each party's income and earning capacity, any written agreement, and each party's contribution, including as a homemaker.
Also called dividing property
The court's division of property in a divorce, weighing factors such as the length of the marriage, each party's income and earning capacity, any written agreement, and each party's contribution, including as a homemaker.
Expungement
Clearing the records of an arrest or conviction. When charges are dismissed, or the person is acquitted or discharged without a conviction, the court orders it at the time.
Also called clearing a record, expunge
Clearing the records of an arrest or conviction. When charges are dismissed, or the person is acquitted or discharged without a conviction, the court orders it at the time.
What it is not
A conviction is not cleared on its own. The person applies to the Superior Court, ordinarily five years after the latest of the conviction, payment of fines, probation or parole, or release.
F
First caller
A person, and anyone acting with them, who was the first to call for medical help for someone hurt by hazing, gave their name, and stayed with the person until help arrived, cooperating on the scene. That person is immune from prosecution for hazing.
Also called hazing medical amnesty, calling for help
A person, and anyone acting with them, who was the first to call for medical help for someone hurt by hazing, gave their name, and stayed with the person until help arrived, cooperating on the scene. That person is immune from prosecution for hazing.
G
Good cause
One of the grounds the statute lists, without which the Superior Court may not remove a residential tenant: unpaid rent, disorderly conduct or broken rules continued after written notice to cease, damage to the premises, habitual late rent, and others.
Also called good cause eviction, Anti-Eviction Act
One of the grounds the statute lists, without which the Superior Court may not remove a residential tenant: unpaid rent, disorderly conduct or broken rules continued after written notice to cease, damage to the premises, habitual late rent, and others.
What it is not
It does not cover owner occupied buildings with no more than two rental units, or transient hotel or motel guests.
Good cause attributable to the work
The reason for quitting that keeps unemployment benefits. A person who left without it is disqualified until reemployed, working eight weeks and earning at least ten times the weekly benefit rate.
Also called quitting for good cause
The reason for quitting that keeps unemployment benefits. A person who left without it is disqualified until reemployed, working eight weeks and earning at least ten times the weekly benefit rate.
What it is not
Leaving for another job starting within seven days, with hours or pay at least as good, is not disqualifying.
Grace period
Five business days to pay rent due on the first of the month, which no late charge may include.
Also called late fee grace period
Five business days to pay rent due on the first of the month, which no late charge may include.
What it is not
It is not five calendar days. Business days exclude Saturdays, Sundays and state or federal holidays.
H
Hands free
The only lawful way to use a wireless phone or electronic communication device while driving a moving vehicle on a public road, placed so it does not interfere with required safety equipment.
Also called texting while driving, phone while driving
The only lawful way to use a wireless phone or electronic communication device while driving a moving vehicle on a public road, placed so it does not interfere with required safety equipment.
What it is not
A hand held phone is allowed, with one hand on the wheel, to report a fire, a crash, a serious road hazard, an emergency, or a reckless or impaired driver, or when the driver fears for their safety.
Harassment
With purpose to harass, making communications anonymously, at extremely inconvenient hours, in offensively coarse language or in another way likely to cause annoyance or alarm, or offensive touching or threatening it. A petty disorderly persons offense.
Also called harassing
With purpose to harass, making communications anonymously, at extremely inconvenient hours, in offensively coarse language or in another way likely to cause annoyance or alarm, or offensive touching or threatening it. A petty disorderly persons offense.
What it is not
It is not stalking, a course of conduct that would make a reasonable person fear for their safety, which is a crime.
Hazing
Knowingly or recklessly, in connection with initiation into a student or fraternal organization, causing another to break the law or consume a harmful substance, or subjecting them to physical, mental, emotional or sexual abuse, or to any other activity reasonably likely to cause bodily injury.
Also called initiation, pledging
Knowingly or recklessly, in connection with initiation into a student or fraternal organization, causing another to break the law or consume a harmful substance, or subjecting them to physical, mental, emotional or sexual abuse, or to any other activity reasonably likely to cause bodily injury.
What it is not
Consent is not a defense, and neither is approval by the organization or the institution.
I
Ignition interlock
A device installed in a vehicle before a person convicted of driving while intoxicated, or of refusing the breath test, drives again. On a first offense, the person may not drive until one is installed in the vehicle they most often drive.
Also called interlock device
A device installed in a vehicle before a person convicted of driving while intoxicated, or of refusing the breath test, drives again. On a first offense, the person may not drive until one is installed in the vehicle they most often drive.
Implied consent
Anyone who drives on a public road is deemed to consent to breath samples when an officer has reasonable grounds to believe they were driving while intoxicated. The officer reads a standard statement of the consequences of refusing.
Also called breath test refusal, refusal
Anyone who drives on a public road is deemed to consent to breath samples when an officer has reasonable grounds to believe they were driving while intoxicated. The officer reads a standard statement of the consequences of refusing.
What it is not
It does not allow force: no test may be taken by force against physical resistance. Refusing carries its own forfeiture of the driving privilege.
Insurance identification card
One of three documents a driver has whenever in charge of a vehicle on the highways, with the license and the registration certificate, shown when a police officer or judge asks in the course of duty.
Also called insurance card, proof of insurance
One of three documents a driver has whenever in charge of a vehicle on the highways, with the license and the registration certificate, shown when a police officer or judge asks in the course of duty.
What it is not
Paper is not required. The registration and insurance card may be shown on a phone, tablet or computer.
Interception
Purposely intercepting a wire, electronic or oral communication without being a party or having a party's consent, or disclosing or using its contents knowing they came from an interception. A crime of the third degree.
Also called wiretapping
Purposely intercepting a wire, electronic or oral communication without being a party or having a party's consent, or disclosing or using its contents knowing they came from an interception. A crime of the third degree.
What it is not
Contents that have become common knowledge or public information are outside it.
Intoxicated Driver Resource Center
The program a person convicted of driving while intoxicated attends: for a first offense, 12 to 48 hours.
Also called IDRC
The program a person convicted of driving while intoxicated attends: for a first offense, 12 to 48 hours.
Intoxication treatment center
A facility a police officer may assist a person intoxicated in a public place to, as an alternative to their residence. A person assisted there is not considered arrested, and no record may show an arrest.
Also called public intoxication, drunk in public
A facility a police officer may assist a person intoxicated in a public place to, as an alternative to their residence. A person assisted there is not considered arrested, and no record may show an arrest.
What it is not
Public intoxication is not an offense. No county or municipality may make it one.
Irreconcilable differences
A ground for divorce: differences that have caused the breakdown of the marriage for six months and make it appear the marriage should be dissolved with no reasonable prospect of reconciliation.
Also called no fault divorce
A ground for divorce: differences that have caused the breakdown of the marriage for six months and make it appear the marriage should be dissolved with no reasonable prospect of reconciliation.
What it is not
It is not the only ground. Living apart for at least 18 consecutive months, desertion, extreme cruelty and adultery are among the others.
J
Joint custody
Custody both parents hold. The court may order joint legal or physical custody, with the child living with one parent or with each, and in any custody proceeding the rights of both parents are equal.
Also called joint legal custody, shared custody
Custody both parents hold. The court may order joint legal or physical custody, with the child living with one parent or with each, and in any custody proceeding the rights of both parents are equal.
What it is not
It is not decided by a formula. Decisions are made case by case, the child's preferences are considered, and the child's safety is a threshold issue.
L
Lawfully on the property
Present on a dog owner's property by express or implied invitation, or carrying out a duty under state or federal law or postal regulations. An owner is liable for a bite there as in a public place.
Also called dog bite liability
Present on a dog owner's property by express or implied invitation, or carrying out a duty under state or federal law or postal regulations. An owner is liable for a bite there as in a public place.
What it is not
The owner's liability does not turn on the dog's history. It applies regardless of former viciousness or the owner's knowledge of it.
Leaving the scene
A driver knowingly involved in a crash who does not stop at once and stay until they have given name and address, shown license and registration, and rendered reasonable assistance to anyone injured.
Also called hit and run
A driver knowingly involved in a crash who does not stop at once and stay until they have given name and address, shown license and registration, and rendered reasonable assistance to anyone injured.
What it is not
It is not only about injury. A crash with damage to attended property only carries its own penalty, including six months without a license.
Lemon law
The rule that a defect reported in a new vehicle during the first 24,000 miles or two years after delivery, whichever comes first, is repaired by the manufacturer within a reasonable time, or the vehicle is taken back for a full refund.
Also called lemon
The rule that a defect reported in a new vehicle during the first 24,000 miles or two years after delivery, whichever comes first, is repaired by the manufacturer within a reasonable time, or the vehicle is taken back for a full refund.
What it is not
The refund is not only the price. It includes trade-in credit, options added within 30 days of delivery, sales tax, license and registration fees, finance charges, towing and rental costs.
Liquidated damages
An amount on top of unpaid wages, up to 200 percent of them, that an employee who sues for wages due may recover, with costs and reasonable attorney's fees.
Also called unpaid wage penalty
An amount on top of unpaid wages, up to 200 percent of them, that an employee who sues for wages due may recover, with costs and reasonable attorney's fees.
What it is not
For a first violation it is not required if the employer shows a good faith, inadvertent error, admits the violation and pays within 30 days of notice.
M
Misconduct
Improper, intentional conduct within a person's control that deliberately refuses the employer's lawful and reasonable rules or disregards standards the employer can reasonably expect. A discharge for it disqualifies for that week and the five weeks that follow.
Also called fired for cause
Improper, intentional conduct within a person's control that deliberately refuses the employer's lawful and reasonable rules or disregards standards the employer can reasonably expect. A discharge for it disqualifies for that week and the five weeks that follow.
What it is not
A good faith error of judgment is not misconduct.
N
Notice of injury
Notice to the employer of a work injury. Unless the employer already knows of it, no compensation is due until the notice is given, and given within fourteen days, compensation runs from the injury.
Also called reporting a work injury
Notice to the employer of a work injury. Unless the employer already knows of it, no compensation is due until the notice is given, and given within fourteen days, compensation runs from the injury.
What it is not
Later than ninety days means no compensation, unless the employer knew.
Notice of intent to rescind
The buyer's notice, by certified mail, return receipt requested, postmarked not later than 5 p.m. of the third business day after signing, that undoes a sale over $25 made somewhere other than the seller's place of business.
Also called cooling off period, cancel a sale
The buyer's notice, by certified mail, return receipt requested, postmarked not later than 5 p.m. of the third business day after signing, that undoes a sale over $25 made somewhere other than the seller's place of business.
What it is not
It does not reach motor vehicles, boats, mail order, telephone and catalog sales, or a sale the buyer asked the seller to make away from its place of business.
Notice to cease
A written notice telling a tenant to stop disorderly conduct, breaking reasonable rules or lease terms, or habitually paying late. Those grounds for eviction exist only when the conduct continues after it.
Also called cease notice
A written notice telling a tenant to stop disorderly conduct, breaking reasonable rules or lease terms, or habitually paying late. Those grounds for eviction exist only when the conduct continues after it.
What it is not
It is not the notice that ends the tenancy. That comes after, specifying the cause in detail, and runs three days for disorderly conduct and one month for broken rules or habitual late rent.
Notice to quit
The written notice before an eviction action that specifies in detail the cause of the termination, served in person, left with a family member above the age of 14 years, or sent by certified mail.
Also called termination notice
The written notice before an eviction action that specifies in detail the cause of the termination, served in person, left with a family member above the age of 14 years, or sent by certified mail.
What it is not
Unpaid rent needs none: the section requires no written demand or notice first on that ground.
O
One party consent
The rule that a person not acting under color of law may intercept a wire, electronic or oral communication when they are a party to it, or one of the parties has given prior consent, unless it is done to commit a crime, a tort or another injurious act.
Also called recording consent
The rule that a person not acting under color of law may intercept a wire, electronic or oral communication when they are a party to it, or one of the parties has given prior consent, unless it is done to commit a crime, a tort or another injurious act.
What it is not
Paying for the line is not consent. Being the subscriber to a telephone line is not consent to intercept conversations on it the subscriber is not part of.
Open container
A container with a broken original seal, or one that is not the original, such as a cup, glass, box or bag. No occupant of a motor vehicle on a public highway may possess one holding alcohol, or an unsealed cannabis item meant for smoking, vaping or aerosolizing.
Also called open bottle
A container with a broken original seal, or one that is not the original, such as a cup, glass, box or bag. No occupant of a motor vehicle on a public highway may possess one holding alcohol, or an unsealed cannabis item meant for smoking, vaping or aerosolizing.
What it is not
It does not count in the trunk, behind the last upright seat of a vehicle with no trunk, or in the living quarters of a motor home or house trailer.
P
Permit to carry
The permit that authorizes carrying a handgun in a holster concealed on the person throughout the state, except where the law prohibits. One permit covers all the holder's handguns, and it expires two years from issuance.
Also called carry permit, concealed carry
The permit that authorizes carrying a handgun in a holster concealed on the person throughout the state, except where the law prohibits. One permit covers all the holder's handguns, and it expires two years from issuance.
What it is not
It does not authorize carrying openly, though a brief, incidental exposure while holstering or from shifting clothing is treated as de minimis.
Personal recognizance
Release on the defendant's own promise to appear. The court orders it, or an unsecured appearance bond, when release would reasonably assure appearance, safety and that the defendant will not obstruct justice.
Also called ROR, own recognizance
Release on the defendant's own promise to appear. The court orders it, or an unsecured appearance bond, when release would reasonably assure appearance, safety and that the defendant will not obstruct justice.
Petty disorderly persons offense
The lowest grade, punishable by not more than 30 days and a fine up to $500.00.
Also called PDP, petty disorderly
The lowest grade, punishable by not more than 30 days and a fine up to $500.00.
Pretrial release
The decision, made no later than 48 hours after a defendant is committed to jail, whether and on what conditions to release them before trial. The law relies primarily on release by non-monetary means.
Also called bail, Criminal Justice Reform Act
The decision, made no later than 48 hours after a defendant is committed to jail, whether and on what conditions to release them before trial. The law relies primarily on release by non-monetary means.
What it is not
Detention comes only on a prosecutor's motion, and only on clear and convincing evidence.
Public comment
The portion of every meeting, of a length the body decides, that a municipal governing body and a board of education set aside for comment on any governmental or school district issue a member of the public feels may concern the residents.
Also called public portion, speaking at a meeting
The portion of every meeting, of a length the body decides, that a municipal governing body and a board of education set aside for comment on any governmental or school district issue a member of the public feels may concern the residents.
What it is not
Other public bodies keep the discretion to permit, prohibit or regulate active participation by the public.
R
Reckless driving
Driving heedlessly, in willful or wanton disregard of the rights or safety of others, in a way that endangers or is likely to endanger a person or property.
Also called reckless
Driving heedlessly, in willful or wanton disregard of the rights or safety of others, in a way that endangers or is likely to endanger a person or property.
Records custodian
The official who grants or denies a request for government records, as soon as possible and no later than seven business days after receiving it.
Also called OPRA, custodian of records
The official who grants or denies a request for government records, as soon as possible and no later than seven business days after receiving it.
What it is not
Silence is not a pending answer. A failure to respond in time counts as a denial, which may be taken within 45 days to the Superior Court or the Government Records Council.
Redeem
To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.
Also called redemption, get the car back
To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.
What it is not
It is not open forever. It ends once the secured party has collected the collateral, disposed of it or contracted to, or accepted it in satisfaction of the debt.
Regular payday
A payday set in advance. An employer pays the full wages due at least twice each calendar month on regular paydays.
Also called final paycheck, last paycheck
A payday set in advance. An employer pays the full wages due at least twice each calendar month on regular paydays.
What it is not
Leaving does not change the date. Wages due are paid no later than the regular payday for the pay period in which the job ended, whether the employee was fired, laid off or quit.
Reprisal
A notice to quit, a suit for possession, or a substantial change in the tenancy, including refusing to renew without cause, because a tenant enforced rights, complained in good faith about health or safety, or joined a lawful organization.
Also called retaliation, retaliatory eviction
A notice to quit, a suit for possession, or a substantial change in the tenancy, including refusing to renew without cause, because a tenant enforced rights, complained in good faith about health or safety, or joined a lawful organization.
What it is not
Coming after one of those, or after the tenant won an earlier eviction case, it is presumed a reprisal, and the presumption can be rebutted. None is presumed from a refusal to renew requested sooner than 90 days before the lease ends.
Resisting arrest
Purposely preventing, or trying to prevent, an arrest, graded by how: by other means a disorderly persons offense, by flight a crime of the fourth degree, by force or threat of force a crime of the third degree.
Also called resisting
Purposely preventing, or trying to prevent, an arrest, graded by how: by other means a disorderly persons offense, by flight a crime of the fourth degree, by force or threat of force a crime of the third degree.
What it is not
An unlawful arrest is not a defense, if the officer was acting under color of official authority and announced the intention to arrest before the resistance.
S
Security deposit
A deposit of no more than 1 1/2 times one month's rent, which stays the tenant's property: held in trust in an interest bearing account, never mingled with the landlord's own, with the interest belonging to the tenant.
Also called deposit
A deposit of no more than 1 1/2 times one month's rent, which stays the tenant's property: held in trust in an interest bearing account, never mingled with the landlord's own, with the interest belonging to the tenant.
What it is not
It is not the landlord's to hold however the landlord likes. If it is not deposited properly, or the notice or interest is not given, the tenant may have it applied to rent, plus interest at seven percent a year.
Shoplifting
Taking or concealing merchandise, switching price tags or containers, or taking a shopping cart, graded by the full retail value, with values from one scheme added together.
Also called retail theft
Taking or concealing merchandise, switching price tags or containers, or taking a shopping cart, graded by the full retail value, with values from one scheme added together.
What it is not
It does not end at a fine or a sentence. Every conviction also carries community service, at least ten days for a first offense.
Simple assault
Attempting to cause, or purposely, knowingly or recklessly causing, bodily injury; negligently causing bodily injury with a deadly weapon; or trying by physical menace to put someone in fear of imminent serious bodily injury.
Also called assault
Attempting to cause, or purposely, knowingly or recklessly causing, bodily injury; negligently causing bodily injury with a deadly weapon; or trying by physical menace to put someone in fear of imminent serious bodily injury.
What it is not
In a fight or scuffle entered by mutual consent it is graded lower, as a petty disorderly persons offense.
Source of lawful income
Any lawful income used for rent or mortgage payments, including housing vouchers, rental assistance, disability and veterans' benefits, child support and alimony, and cash, check or money order. Refusing to accept it is barred.
Also called voucher discrimination, Section 8
Any lawful income used for rent or mortgage payments, including housing vouchers, rental assistance, disability and veterans' benefits, child support and alimony, and cash, check or money order. Refusing to accept it is barred.
What it is not
A minimum income requirement is barred too, unless it rests only on the portion of the rent the tenant pays.
Stalking
Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or someone else's, or suffer other emotional distress. A crime of the fourth degree.
Also called course of conduct
Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or someone else's, or suffer other emotional distress. A crime of the fourth degree.
What it is not
Repeatedly means on two or more occasions, and the law does not apply to organized group picketing.
Statute of limitations
The time to sue or to prosecute: six years for a contract not under seal, two years for an injury to the person, and, unless the statute provides otherwise, five years for a crime and one year for a disorderly persons offense.
Also called time limit, time to sue
The time to sue or to prosecute: six years for a contract not under seal, two years for an injury to the person, and, unless the statute provides otherwise, five years for a crime and one year for a disorderly persons offense.
T
Temporary restraining order
An emergency order for a victim of domestic violence, available even when the courts are closed from an assigned Family Part or municipal judge. A final hearing follows in the Family Part within 10 days.
Also called TRO, restraining order
An emergency order for a victim of domestic violence, available even when the courts are closed from an assigned Family Part or municipal judge. A final hearing follows in the Family Part within 10 days.
What it is not
Any restraining order also bars the defendant from buying or possessing firearms while it is in effect or for two years, whichever is greater.
Theft
Unlawfully taking, or exercising unlawful control over, another's movable property with purpose to deprive them of it, graded by the amount involved: less than $200 is a disorderly persons offense.
Also called stealing, larceny
Unlawfully taking, or exercising unlawful control over, another's movable property with purpose to deprive them of it, graded by the amount involved: less than $200 is a disorderly persons offense.
What it is not
Taken from the person, it is a crime of the third degree whatever the amount.
U
Unlawful entry and detainer
Entering and holding a home without the consent of the person in possession, outside the eviction procedures the law provides. A person who does it to rental property is a disorderly person.
Also called lockout, self help eviction
Entering and holding a home without the consent of the person in possession, outside the eviction procedures the law provides. A person who does it to rental property is a disorderly person.
What it is not
A tenant who wins recovers possession, damages, court costs and reasonable attorney's fees, and where going back in is not an appropriate remedy, treble damages instead.
Usable cannabis
What a person 21 years of age or older may possess, display, buy or transport, up to one ounce (28.35 grams), where it came from a licensed retailer or delivery service, shown by its original packaging or a receipt.
Also called marijuana, weed
What a person 21 years of age or older may possess, display, buy or transport, up to one ounce (28.35 grams), where it came from a licensed retailer or delivery service, shown by its original packaging or a receipt.
What it is not
Odor is not a reason to search. The odor of marijuana or hashish, burnt or not, is not reasonable articulable suspicion to search a person for possessing too much.
W
Wage execution
An order taking part of a judgment debtor's wages, salary or other earnings, which may not exceed 10%, unless the debtor's income is more than 250 % of the poverty level for their family size.
Also called wage garnishment, garnishment
An order taking part of a judgment debtor's wages, salary or other earnings, which may not exceed 10%, unless the debtor's income is more than 250 % of the poverty level for their family size.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed New Jersey attorney answers and a glossary cannot. Current as of September 2026.