CRIMINAL LAW IN NEW JERSEY: THE MRI AND CRIMINAL JUSTICE SYSTEM

For years, the magnetic resonance imaging machine has been used to identify various conditions in the human body to assist in medical treatment. The newer species of this machine called the factional
 magnetic resonance imaging (FMSI) was conceived to measure the location and intensity of oxygen enhanced blood flow in the brain.  Apparently when brain neurons are activated they require more oxygen to do there work. Resultantly, a scientist can detect, with a decent level of certain, the area of the brain that is working hardest when the subject is asked to discharge certain tasks. Thus, if the subject is shown something that makes him angry or appears to be angry the FMSI machine will be able to determine whether or not emotional response is a spontaneous or merely feigned.

This new technology is prompting some scientist to project the FMSI as the new lie detector. Moreover, the sciences associated with the FMRI is much more sophisticated and better received then the science associated with the polygraph which has been rejected historically by courts across the country.

Does New Jersey's Consumer Fraud Act Apply to Construction Contacts Where the Work is Merely Shoddy?

New Jersey’s Supreme Court has concluded that the Consumer Fraud Act ( CFA) does not apply where a contractor provides shoddy work under a construction contract because that type of conduct is not necessarily "unconscionable" or "unfair" as those terms are defined under the CFA. At best, poor workmanship will produce a breach of contract claim.

In order for the CFA to apply to a claim relating to sloppy workmanship there must be some aggravating circumstances that are substantial in nature. Thus, if the contractor has failed to comply with local building code responsibilities or home repair regulations, the CFA will be applicable. A remedy under the CFA would also apply, if the contractor intentionally used inferior building products.