rationale behind rule (Minnesota) · Go Syfert
← Minnesota issues

rationale behind rule in Minnesota

5 Minnesota opinions name it 2 courts 1956–2017 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Salazargreen
minn · 1993 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016In child-abuse cases, statements made for the purpose of medical diagnosis or treatment “are admissible . . . if the evidence suggests that the child knew she was speaking to medical personnel and that it was important she tell the truth.” State v. 7 Salazar, 504 N.W.2d 774, 777 (Minn. 1993).

11
State v. Robinsongreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016Evid. 803(4) provides that the following statements are not excluded by the hearsay rule, even if the declarant is available as a witness: “Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.” “The rationale behind the rule is the patient’s belief that accuracy is essential to effective treatment.” State v. Robinson, 718 N.W.2d 400, 404 (Minn. 2006) (quotation omitted

11
Dale Properties, LLC v. Stategreen
minn · 2002 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014The supreme court has explained the rationale behind this rule as follows: (1) “the construction of highway medians constitutes an exercise of police power in furtherance of the state’s duty to ensure public safety on the roadways”; (2) “the restrictions on travel that result from the use of highway medians affect all members of the traveling public and are not unique to abutting property owners”; (3) a property owner with access to an abutting highway in at least one direction 5 still retains access to that highway in an opposite direction, albeit through an alternative route; and (4) courts

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
United States v. Universal C. I. T. Credit Corp. green
scotus · 1952
2 sentences

2017Credit Corp., 344 U.S. 218, 221-22 , 73 S.Ct. 227 , 97 L.Ed. 260 (1952) (describing the rationale behind the rule of lenity by saying, “when choice has to be made between two readings of what conduct Congress has made a crime, it is appropriate, before we choose the harsher alternative, to require that Congress should have spoken in language that is clear and definite”).

2017Credit Corp., 344 U.S. 218, 221-22 , 73 S.Ct. 227 , 97 L.Ed. 260 (1952) (describing the rationale behind the rule of lenity by saying, “when choice has to be made between two readings of what conduct Congress has made a crime, it is appropriate, before we choose the harsher alternative, to require that Congress should have spoken in language that is clear and definite”).

12017–2017
Cornfeldt v. Tongen green
minn · 1977
1 sentence

1987Id.

11987–1987
Building Industries, Inc. v. Wright Products, Inc. green
minn · 1953
2 sentences

1956Schundler Feldspar Co. Inc. 70 S. D. 513, 515, 19 N. W. (2d) 337, 338 , as follows: “* * * The obvious reason for the rule is that a corporation is purely a creature of statute and that it is for the Legislature to determine the means of its dissolution.” 8 Building Industries, Inc. v. Wright Products, Inc. 240 Minn. 473 , 62 N. W. (2d) 208 . 9 See 16 Fletcher, Cyclopedia Corporations (Perm, ed.) § 7967, discussing de facto dissolution. 10 See, e. g., Jones v. Fox Film Corp. (5 Cir.) 68 F. (2d) 116; Simms v. Bialy Hdwe. & Supply Co. 187 Mich. 375 , 153 N. W. 821 ; 16 Fletcher, Cyclopedia Corpo

1956Schundler Feldspar Co. Inc. 70 S. D. 513, 515, 19 N. W. (2d) 337, 338 , as follows: “* * * The obvious reason for the rule is that a corporation is purely a creature of statute and that it is for the Legislature to determine the means of its dissolution.” 8 Building Industries, Inc. v. Wright Products, Inc. 240 Minn. 473 , 62 N. W. (2d) 208 . 9 See 16 Fletcher, Cyclopedia Corporations (Perm, ed.) § 7967, discussing de facto dissolution. 10 See, e. g., Jones v. Fox Film Corp. (5 Cir.) 68 F. (2d) 116; Simms v. Bialy Hdwe. & Supply Co. 187 Mich. 375 , 153 N. W. 821 ; 16 Fletcher, Cyclopedia Corpo

11956–1956
Simms v. Bialy Hardware & Supply Co. neutral
mich · 1915
2 sentences

1956Schundler Feldspar Co. Inc. 70 S. D. 513, 515, 19 N. W. (2d) 337, 338 , as follows: “* * * The obvious reason for the rule is that a corporation is purely a creature of statute and that it is for the Legislature to determine the means of its dissolution.” 8 Building Industries, Inc. v. Wright Products, Inc. 240 Minn. 473 , 62 N. W. (2d) 208 . 9 See 16 Fletcher, Cyclopedia Corporations (Perm, ed.) § 7967, discussing de facto dissolution. 10 See, e. g., Jones v. Fox Film Corp. (5 Cir.) 68 F. (2d) 116; Simms v. Bialy Hdwe. & Supply Co. 187 Mich. 375 , 153 N. W. 821 ; 16 Fletcher, Cyclopedia Corpo

1956Schundler Feldspar Co. Inc. 70 S. D. 513, 515, 19 N. W. (2d) 337, 338 , as follows: “* * * The obvious reason for the rule is that a corporation is purely a creature of statute and that it is for the Legislature to determine the means of its dissolution.” 8 Building Industries, Inc. v. Wright Products, Inc. 240 Minn. 473 , 62 N. W. (2d) 208 . 9 See 16 Fletcher, Cyclopedia Corporations (Perm, ed.) § 7967, discussing de facto dissolution. 10 See, e. g., Jones v. Fox Film Corp. (5 Cir.) 68 F. (2d) 116; Simms v. Bialy Hdwe. & Supply Co. 187 Mich. 375 , 153 N. W. 821 ; 16 Fletcher, Cyclopedia Corpo

11956–1956
In Re Schundler Feldspar Co., Inc. neutral
sd · 1945
1 sentence

1956Schundler Feldspar Co. Inc. 70 S. D. 513, 515, 19 N. W. (2d) 337, 338 , as follows: “* * * The obvious reason for the rule is that a corporation is purely a creature of statute and that it is for the Legislature to determine the means of its dissolution.” 8 Building Industries, Inc. v. Wright Products, Inc. 240 Minn. 473 , 62 N. W. (2d) 208 . 9 See 16 Fletcher, Cyclopedia Corporations (Perm, ed.) § 7967, discussing de facto dissolution. 10 See, e. g., Jones v. Fox Film Corp. (5 Cir.) 68 F. (2d) 116; Simms v. Bialy Hdwe. & Supply Co. 187 Mich. 375 , 153 N. W. 821 ; 16 Fletcher, Cyclopedia Corpo

11956–1956

Where else courts name it

IL 127 (1972–2026) CA 103 (1961–2025) OH 87 (1956–2026) IN 80 (1978–2025) TX 79 (1964–2022) PA 67 (1965–2024) AR 47 (1982–2026) FL 42 (1971–2024) AL 36 (1980–2025) NY 35 (1930–2024) TN 34 (1981–2025) MD 28 (1978–2025) LA 28 (1980–2024) WA 28 (1972–2026) MI 25 (1975–2016) IA 25 (1967–2025) MO 25 (1980–2021) WV 24 (1978–2024) MS 23 (1985–2023) AZ 21 (1969–2021) CT 21 (1974–2025) MT 20 (1969–2022) KY 18 (1979–2024) KS 18 (1975–2025) MA 17 (1979–2025) OR 17 (1975–2026) RI 16 (1984–2024) NC 15 (1980–2025) VA 15 (1993–2022) NM 14 (1989–2025) CO 13 (1976–2022) WI 13 (1963–2017) NH 12 (1991–2023) OK 11 (1981–2002) DC 11 (1977–2004) UT 11 (1989–2021) ID 10 (1991–2025) GA 10 (1978–2022) NJ 9 (1965–2015) ME 9 (1975–2020) SC 8 (1989–2025) AK 7 (1979–1994) SD 7 (1986–2016) WY 7 (1983–2020) HI 6 (1998–2021) MN 5 (1956–2017) NE 4 (1982–2007) VT 3 (2023–2024) DE 3 (1975–1980) NV 2 (1984–1992) ND 2 (2009–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check