Legislature motion (Virgin Islands) · Go Syfert
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Legislature motion in Virgin Islands

5 Virgin Islands opinions name it 2 courts 1996–2024 1 in the last five years

The cases below were cited by Virgin Islands 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 (8)

CaseFollowedCited
In Re the Appeal of Wengergreen
minnctapp · 1993 · cited in 1 Virgin Islands opinions naming this issue, 2015–2015
1 sentence

2015This reading is mandated by the Legislature’s instruction that “[w]ords . . . shall be construed according to the common and approved usage of the English language,” 1 V.I.C. § 42, as all authorities agree that “[t]he plain meaning of the word ‘jointly’ indicates that the decision be made by at least two persons acting in concert.” In re Wenger, 504 N.W.2d 794, 798 (Minn. Ct. App. 1993) (quoting Buchanan v. Ives, 793 F. Supp. 361, 366 (D.

11
Buchanan v. Ivesgreen
med · 1991 · cited in 1 Virgin Islands opinions naming this issue, 2015–2015
1 sentence

2015This reading is mandated by the Legislature’s instruction that “[w]ords . . . shall be construed according to the common and approved usage of the English language,” 1 V.I.C. § 42, as all authorities agree that “[t]he plain meaning of the word ‘jointly’ indicates that the decision be made by at least two persons acting in concert.” In re Wenger, 504 N.W.2d 794, 798 (Minn. Ct. App. 1993) (quoting Buchanan v. Ives, 793 F. Supp. 361, 366 (D.

11
United States v. McKiegreen
ca3 · 1997 · cited in 1 Virgin Islands opinions naming this issue, 2013–2013
1 sentence

2013See also United States v. McKie, 112 F.3d 626, 630 , 36 V.I. 367 (3d Cir. 1997) (interpreting section 470(a) as requiring one to make a report “upon possession”).

11
United States of America Government of the Virgin Islands v. Michael McKie at No. 96-7010, Jermaine Hall, at No. 96-7011, Guy M. Henry, at No. 96-7014green
ca3 · 1997 · cited in 1 Virgin Islands opinions naming this issue, 2013–2013
1 sentence

2013See also United States v. McKie, 112 F.3d 626, 630 , 36 V.I. 367 (3d Cir. 1997) (interpreting section 470(a) as requiring one to make a report “upon possession”).

11
Consumer Party of Pennsylvania v. Com.green
pa · 1986 · cited in 1 Virgin Islands opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

11
Williams v. State Legislature of Idahogreen
idaho · 1986 · cited in 1 Virgin Islands opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

11
Pataki v. New York State Assemblygreen
nyappdiv · 2004 · cited in 1 Virgin Islands opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

11
New York State Bankers Ass'n v. Wetzlergreen
ny · 1993 · cited in 1 Virgin Islands opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Supreme Court of Virginia v. Consumers Union of the United States, Inc. green
scotus · 1980
2 sentences

2024Thus, while we dismiss all claims against the Senate President, we deny the Legislature’s claim to immunity pursuant to the Speech or Debate Clause.5 5 In its reply brief, the Legislature cites to the decision of the Supreme Court of the United States in Supreme Court of Va. v. Consumers Union of the U.S., Inc., 446 U.S. 719 (1980), where it held that the Supreme Court of Virginia was immune from liability under 42 U.S.C. § 1983 for promulgating the Virginia Code of Professional Responsibility because when it did so it acted in a legislative capacity.

2024The United States Supreme Court, however, granted immunity to the Virginia Supreme Court as an institution due to common-law legislative immunity, and not because it qualified for immunity under the federal Speech or Debate Clause or any equivalent Virginia provision. 446 U.S. at 732-33 .

12024–2024
In Re: The 35th Legislature of V.I. green
virginislands · 2024
1 sentence

2024Payne v. 35th Legislature 2024 VI 13 S. Ct. Civ.

12024–2024
Baines v. New Hampshire Senate President green
nh · 2005
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

12006–2006
Hughes v. Speaker of New Hampshire House of Representatives green
nh · 2005
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

12006–2006
Governor v. Nevada State Legislature green
nev · 2003
2 sentences

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

2006See, e.g., Luis v. Dennis, supra., (declaratory judgment that Act No. 4836 unconstitutional was issued against the Territory’s Fifteenth Legislature); Government of the V.I. v. Eleventh Legislature of the V.I., supra, (holding that the Legislature violated the Revised Organic Act by overriding the Governor’s line-item veto); See also Pataki v. New York State Assembly, 7 A.D.3d 74, 76 , 774 N.Y.S.2d 891 (2004) (declaring that the Court is “always available to resolve the scope of authority which is granted by the constitution to the other two branches of Government”), (quoting New York Bankers

12006–2006
Leslie F. Huntt v. The Government of the Virgin Islands green
ca3 · 1967
1 sentence

1996Code Ann. tit. 2, § 102 and the Equal Protection Clause of the Fourteenth Amendment; 4) The defendants' actions circumvented the will of the people of the Virgin Islands to be represented by Bryan for a full legislative term [pursuant to §6(a) of the Revised Organic Act]; and 5) Resolution 1578 was never approved by the governor and thus lacks the force of law pursuant to Hunt v. Government of the Virgin Islands, 382 F.2d 38 , 47 (3d Cir. 1967).

11996–1996

Where else courts name it

TX 58 (1912–2025) CA 51 (1905–2024) PA 41 (1904–2023) OH 39 (1920–2026) MI 34 (1924–2025) IL 29 (1916–2025) NY 26 (1880–2021) NM 20 (1960–2025) FL 19 (1978–2017) MA 16 (1912–2015) NJ 16 (1959–2026) VT 15 (2002–2025) WA 14 (1927–2019) HI 13 (1912–2013) AZ 13 (1938–2026) CT 13 (1942–2025) OR 13 (1899–2026) AL 11 (1844–2014) LA 10 (1989–2012) MT 10 (1897–2024) NC 9 (1893–2022) IA 8 (1900–2019) MO 8 (1873–2023) OK 7 (1915–2024) MN 7 (1979–2018) IN 7 (1867–2019) WY 7 (1978–2025) WI 6 (1983–2025) UT 6 (1913–2024) WV 6 (1919–2006) CO 6 (1927–2022) KY 6 (1924–2013) SD 6 (1941–2024) GA 6 (1921–2013) MD 6 (1940–2006) NE 6 (1903–2020) AR 5 (1918–2003) TN 5 (1944–2015) VI 5 (1996–2024) KS 3 (1929–1996) AK 2 (2021–2023) ME 2 (2009–2010) ND 2 (2002–2025) NH 2 (2014–2024)

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.

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