American Contract Law for a Global Age, 2017a

Cases and Materials
IN RE BABY “M”
Superior Court of New Jersey, Bergen County
525 A.2d 1128 (1987), rev’d 537 A.2d 1227 (1988)
SORKOW, P.J.F.P.: 2
The primary issue to be determined by this litigation is what are the best
interests of a child until now called “Baby M.” All other concerns raised by counsel
constitute commentary.
That commentary includes the need to determine
if a unique arrangement between a man and woman,
unmarried to each other, creates a contract. If so, is the
contract enforceable; and if so, by what criteria, means
and manner. If not, what are the rights and duties of the
parties with regard to custody, visitation and support.
Pay close attention to the
questions of contract law raised
by the court in this paragraph.
You will be grappling versions of
these same questions
throughout this course.
Jurisdiction
Probably the most important authority of the court
is the exercise of its parens patriae jurisdiction.
Jurisdiction is a word of broad and comprehensive
impact. It means the authority by which courts and
judicial officers take cognizance of and decide cases. It
means the authority to act, to find, define and apply the
law.
The court is helpful here to
define important terms like
jurisdiction, as well its Latin legal
terminology. Courts are not
always so nice, so you should
keep a law dictionary handy for
terms you don’t know or that
are used in an unfamiliar way.
Parens patriae is that power of the sovereign (in
this case the State of New Jersey by its judicial branch) to watch over the interests of
those who are incapable of protecting themselves. BLACK’S LAW DICTIONARY (4th ed.
1975).
Thus, it is pursuant to N.J. Ct. R. 5:2-1, which defines actions cognizable in the
Superior Court, Chancery Division, Family Part, that this court, as the present day
successor to a part of that historic legacy of equity jurisdiction, applies said
jurisdiction to the issues herein presented; to wit, the best interest of a child and
contractual rights, if any, of the litigating parties.
2 [“P.J.F.P” stands for Presiding Judge, Family Part, Chancery Division, New Jersey Superior
Court.—Eds.]
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UNIT 2: THINKING LIKE A CONTRACT LITIGATOR 15