facts satisfy the statutory standard (Illinois) · Go Syfert
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facts satisfy the statutory standard in Illinois

217 Illinois opinions name it 2 courts 2000–2026 51 in the last five years

The cases below were cited by Illinois 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 (27)

CaseFollowedCited
AFM Messenger Service, Inc. v. Department of Employment Securitygreen
ill · 2001 · cited in 90 Illinois opinions naming this issue, 2002–2026
2 sentences

2026App. 3d 135, 141 (2009). ¶ 25 “A mixed question of law and fact is one ‘involv[ing] an examination of the legal effect of a given set of facts.’ [Citation.] Stated another way, a mixed question is one ‘in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or *** whether the rule of law as applied to the established facts is or is not violated.’ [Citations]” AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 391 (2001).

2024A mixed question of fact and law is one “in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or *** whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 391 (2001).

5090
American Federation v. LABOR RELATIONS BD.green
ill · 2005 · cited in 46 Illinois opinions naming this issue, 2008–2026
2 sentences

2026Mixed questions of fact and law are “questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.” American Federation of State, County, & Municipal Employees, Council 31 v. State Labor Relations Board, 216 Ill. 2d 569, 577 (2005).

2026Mixed questions of fact and law are “questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.” (Internal quotation marks omitted.) American Federation of State, County & Municipal Employees, Council 31 v. Illinois State Labor Relations Board, State Panel, 216 Ill. 2d 569, 577 (2005).

3146
Cinkus v. Village of Stickney Municipal Officers Electoral Boardgreen
ill · 2008 · cited in 45 Illinois opinions naming this issue, 2009–2023
2 sentences

2022“Mixed questions of fact and law are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) Id. at 211 .

2022“Mixed questions of fact and law,” the supreme court explains, “are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) Id.

1145
United States v. United States Gypsum Co.green
scotus · 1948 · cited in 7 Illinois opinions naming this issue, 2012–2021
2 sentences

2021A finding is “clearly erroneous” “only where the reviewing court, on the entire record, is ‘left with the definite and firm conviction that a mistake has been committed.’ ” AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 395 (2001) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)). ¶ 22 Admission of Affidavits ¶ 23 Turning to the merits, Muldrow first argues that “[b]y denying Candidate the ability to offer affidavits into evidence, and present argument based upon those affidavits, the Electoral Board denied Candidate a meaningful

2012Where the historical facts are admitted or established, the controlling rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, the case presents a mixed question of fact and law, for which the standard of review is “clearly erroneous” (AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 391-94 (2001)); we will reverse the agency’s decision only if we are “ ‘left with the definite and firm conviction that a mistake has been committed’ ” (id. at 395 (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)))

77
Pullman-Standard v. Swintgreen
scotus · 1982 · cited in 69 Illinois opinions naming this issue, 2000–2026
2 sentences

2026Mixed questions of fact and law are “ ‘questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.’ ” American Federation of State, County & Municipal Employees, 216 Ill. 2d at 577 (quoting Pullman-Standard v. Swint, 456 U.S. 273 , 289 n.19 (1982)).

2026Mixed questions of fact and law are “ ‘questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.’ ” American Federation of State, County & Municipal Employees, 216 Ill.2d at 577 (quoting Pullman–Standard v. Swint, 456 U.S. 273 , 289 n. 19 (1982)).

569
Moss v. Department of Employment Securitygreen
illappct · 2005 · cited in 8 Illinois opinions naming this issue, 2005–2026
2 sentences

2026“A mixed question is one in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or whether the rule of law as applied to the established facts is or is not violated.” Moss v. Department of Employment Security, 357 Ill.

2022A clearly erroneous decision leaves the reviewing court “with the definite and firm conviction that a mistake has been committed.” American Federation of State, County & Municipal Employees, Council 31 v. Illinois State Labor Relations Board, State Panel, 216 Ill. 2d 569, 577-78 (2005). 6 ¶ 18 A mixed question of fact and law is one where “the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or whether the rule of law as applied to the established facts is or is not violated.” Moss v. Department of E

58
City of Belvidere v. Illinois State Labor Relations Boardgreen
ill · 1998 · cited in 11 Illinois opinions naming this issue, 2002–2022
2 sentences

2021Id. -6- “Mixed questions of fact and law are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) AFSCME, 216 Ill. 2d at 577 .

2016City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 204 , 692 N.E.2d 295, 302 (1998). -4- ¶ 21 In City of Champaign v. Madigan, 2013 IL App (4th) 120662, ¶¶ 25-26 , 992 N.E.2d 629 , this court outlined the following differing standards of review: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical f

411
Goodman v. Wardgreen
ill · 2011 · cited in 7 Illinois opinions naming this issue, 2012–2017
2 sentences

2017Where the historical facts are admitted or established, the controlling rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, the case presents a mixed question of fact and law, and the standard of review is “clearly erroneous.” Id. at 406 .

2017Where the historical facts are admitted or established, the controlling rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, the case presents a mixed question of fact and law, and the standard of review is “clearly erroneous.” Id. at 406 .

47
Board of Trustees v. Illinois Labor Relations Boardgreen
ill · 2007 · cited in 5 Illinois opinions naming this issue, 2018–2025
2 sentences

2025See Beggs v. Board of Education of Murphysboro Community Unit School District No. 186, 2016 IL 120236 , ¶ 50 (“[A] mixed question asks whether the facts satisfy the statutory standard or whether the rule of law as applied to the established facts is or is not violated.”); Board of Trustees of University of Illinois v. Illinois Educational Labor Relations Board, 224 Ill. 2d 88, 98 (2007) (“While this standard is highly deferential, it does not relegate judicial review to mere blind deference of an agency’s order.”). ¶ 38 In Ford, the union filed an unfair labor practice charge under the Nationa

2021Under this standard, the Labor Board’s decision will be reversed only when the decision is clearly erroneous, that is, when, based on the entire record, we are “ ‘left with the definite and firm conviction that a mistake has been committed.’ ” (Internal quotation marks omitted.) Board of Trustees of the University of Illinois v. Illinois Educational Labor Relations Board, 224 Ill. 2d 88, 97-98 (2007) (quoting AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 395 (2001)).

45
Parikh v. Division of Professional Regulation of the Department of Financial & Professional Regulationgreen
illappct · 2014 · cited in 5 Illinois opinions naming this issue, 2015–2023
2 sentences

2023App. 3d 1035, 1039 (2003) (mixed question was presented when addressing agencies’ determination that a resident of a long-term care facility was required - 22 - 1-21-0236 to spend down assets of a certain trust before receiving Medicaid coverage); Senno v. Department of Healthcare & Family Services, 2015 IL App (1st) 132837, ¶ 34 (quoting Parikh v. Division of Professional Regulation of the Department of Financial & Professional Regulation, 2014 IL App (1st) 123319, ¶ 19 (a mixed question of law and fact is one in which “the historical facts are admitted or established, the rule of law is undi

2019App. 3d 197, 202 (2005) (stating that when a case involves “an examination of the legal effect of a given set of facts” it involves a mixed question of law and fact); Parikh v. Division of Professional Regulation of Department of Financial & Professional Regulation, 2014 IL App (1st) 123319, ¶ 19 (“[m]ixed questions of fact and law ‘are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard,’ or to put it another way, whether the rule of law as applied to the established facts is or i

45
Kouzoukas v. Retirement Board of the Policemen's Annuity & Benefit Fundgreen
ill · 2009 · cited in 4 Illinois opinions naming this issue, 2015–2019
2 sentences

2019Kouzoukas v. Retirement Board of Policemen's Annuity & Benefit Fund of City of Chicago, 234 Ill. 2d 446, 463 (2009); see Cinkus, 228 Ill. 2d at 210 (“[A]n agency’s decision on a question of law is not binding on a reviewing court.”). 5 1-18-0964 ¶ 16 Mixed questions of fact and law are those in which “ ‘ “the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” ’ ” Cinkus, 228 Ill. 2d at 210 (quo

2019Kouzoukas v. Retirement Board of Policemen's Annuity & Benefit Fund of City of Chicago, 234 Ill. 2d 446, 463 (2009); see Cinkus, 228 Ill. 2d at 210 (“[A]n agency’s decision on a question of law is not binding on a reviewing court.”). 5 1-18-0964 ¶ 16 Mixed questions of fact and law are those in which “ ‘ “the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” ’ ” Cinkus, 228 Ill. 2d at 210 (quo

34
Beggs v. The Board of Education of Murphysboro Community Unit School District No. 186green
ill · 2016 · cited in 6 Illinois opinions naming this issue, 2021–2025
2 sentences

2025In other words, “a mixed question asks whether the facts satisfy the statutory standard or whether the rule of law as applied to the established facts is or is not violated.” Beggs, 2016 IL 120236, ¶ 50 .

2025See Beggs v. Board of Education of Murphysboro Community Unit School District No. 186, 2016 IL 120236 , ¶ 50 (“[A] mixed question asks whether the facts satisfy the statutory standard or whether the rule of law as applied to the established facts is or is not violated.”); Board of Trustees of University of Illinois v. Illinois Educational Labor Relations Board, 224 Ill. 2d 88, 98 (2007) (“While this standard is highly deferential, it does not relegate judicial review to mere blind deference of an agency’s order.”). ¶ 38 In Ford, the union filed an unfair labor practice charge under the Nationa

26
County of Cook v. Illinois Labor Relations Board—Local Panelgreen
illappct · 2004 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015We review the second contention— which asks "whether the facts satisfy the statutory standard"—for "clear error." County of Cook v. Illinois Labor Relations Board - Local Panel, 351 Ill.

2015We review the second contention–which asks “whether the facts satisfy the statutory standard”–for “clear error.” County of Cook v. Illinois Labor Relations Board–Local Panel, 351 Ill.

22
Czajka v. Department of Employment Securitygreen
illappct · 2008 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014In other words, " 'the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or *** whether the rule of law as applied to the established facts is or is not violated.' " Id. (quoting Pullman-Standard v. Swint, 456 U.S. 273 , 289 n.19 (1982)). ¶ 36 When an issue involves a mixed question of law and fact, "deference will be given to the agency's decision and we will reverse only when the decision is clearly erroneous." Czajka v. Department of Employment Security, 387 Ill.

2014In other words, “ ‘the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or *** whether the rule of law as applied to the established facts is or is not violated.’ ” Id. (quoting Pullman-Standard v. Swint, 456 U.S. 273 , 289 n.19 (1982)). ¶ 36 When an issue involves a mixed question of law and fact, “deference will be given to the agency’s decision and we will reverse only when the decision is clearly erroneous.” Czajka v. Department of Employment Security, 387 Ill.

22
Lutheran Church of Good Shepherd of Bourbonnais v. Department of Revenuegreen
illappct · 2000 · cited in 2 Illinois opinions naming this issue, 2001–2001
22
Provena Covenant Medical Center v. Department of Revenuegreen
ill · 2010 · cited in 10 Illinois opinions naming this issue, 2013–2018
2 sentences

2018The plaintiffs claim this appeal presents a mixed question of law and fact, which is reviewed for clear error and exists when the "historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard." Id. at 387 , 339 Ill.Dec. 10 , 925 N.E.2d 1131 .

2018The plaintiffs claim this appeal presents a mixed question of law and fact, which is reviewed for clear error and exists when the "historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard." Id. at 387 , 339 Ill.Dec. 10 , 925 N.E.2d 1131 .

110
Anderson v. City of Bessemer Citygreen
scotus · 1985 · cited in 2 Illinois opinions naming this issue, 2011–2012
12
Boggio v. Mudgegreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2026–2026
11
Gwozdz v. Board of Education of Park Ridge-Niles School District No. 64green
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2024–2024
11
Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.green
scotus · 1993 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
Gayan v. Illinois Dept. of Human Servicesgreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
Senno v. The Illinois Department of Healthcare and Family Servicesgreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
Rokosik v. Retirement Board of the Firemen's Annuity and Benefit Fund of Chicagogreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
Board of Education of the City of Chicago v. Illinois Educational Labor Relations Boardgreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
State Building Venture v. O'Donnellgreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. Rowleygreen
scotus · 1982 · cited in 1 Illinois opinions naming this issue, 2014–2014
11
Illinois Consolidated Telephone Co. v. Illinois Commerce Commissiongreen
ill · 1983 · cited in 1 Illinois opinions naming this issue, 2013–2013
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (23)

CaseCitedYears
Cunningham v. Schaeflein green
illappct · 2012
2 sentences

2021A mixed question of fact and law is subject to the clearly erroneous standard of review and is one in which “the historical facts are admitted or established, the controlling rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.” Cunningham v. Schaeflein, 2012 IL App (1st) 120529, ¶ 19 .

2021A mixed question of fact and law is subject to the clearly erroneous standard of review and is one in which “the historical facts are admitted or established, the controlling rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.” Cunningham v. Schaeflein, 2012 IL App (1st) 120529, ¶ 19 .

82015–2021
Leach v. Department of Employment Security green
illappct · 2020
2 sentences

2025Mixed questions of fact and law, namely situations where “the historical facts are admitted or established and the only question is whether the facts satisfy the statutory standard, are subject to reversal only where they are clearly erroneous.” Id.

2024Lastly, mixed questions of fact and law, namely situations where “the historical facts are admitted or established and the only question is whether the facts satisfy the statutory standard, are subject to reversal only where they are clearly erroneous.” Id.

52020–2026
City of Champaign v. Madigan green
illappct · 2013
2 sentences

2021The proper standard of review “depends on whether the issue involves a question of fact, a question of law, or a mixed question of law and fact.” Id. ¶ 21 This court has described these varying standards of review as follows: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical facts are admitted or established, the control

2021The -6- proper standard of review “depends on whether the issue involves a question of fact, a question of law, or a mixed question of law and fact.” Id. ¶ 21 This court has described these varying standards of review as follows: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical facts are admitted or established, the con

42015–2021
Cerone v. State of Illinois green
illappct · 2012
2 sentences

2016Mixed questions of law and fact involve “questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) Cerone v. State of Illinois, 2012 IL App (1st) 110214, ¶ 12 .

2016Mixed questions of law and fact involve “questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) Cerone v. State of Illinois, 2012 IL App (1st) 110214, ¶ 12 .

32016–2016
Heabler v. Illinois Department of Financial & Professional Regulation green
illappct · 2013
2 sentences

2015A mixed question of law and fact is one “ 'in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.' ” Id. (quoting Pullman-Standard v. Swint, 456 U.S. 273 , 289 n.19 (1982)). ¶ 35 Dr. Senno first argues that the ALJ, on remand from the circuit court, failed to apply the correct standard in determining whether Dr. Senno had provided a grossly inferior quality of 12 1-13-2837 care.

2015A mixed question of law and fact is one “ ‘in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.’ ” Id. (quoting Pullman-Standard v. Swint, 456 U.S. 273 , 289 n.19 (1982)). ¶ 35 Dr. Senno first argues that the ALJ, on remand from the circuit court, failed to apply the correct standard in determining whether Dr. Senno had provided a grossly inferior quality of care.

32015–2015
Siwinski v. The Retirement Board of the Firemen's Annuity and Benefit Fund of the City of Chicago green
illappct · 2019
2 sentences

2024“When the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, a mixed question of law and fact exists and the standard of review is whether the Board’s determination is clearly erroneous.” (Internal quotation marks omitted.) Id. ¶ 53 Here, plaintiff essentially raises questions of fact, as he disputes the factual findings of the Board, i.e., that he did not have a physical injury that rendered him unable to perform his duties and that his symptoms were the result of mental disorders incurred prior to ap

2024“When the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, a mixed question of law and fact exists and the standard of review is whether the Board’s determination is clearly erroneous.” (Internal quotation marks omitted.) Id. ¶ 44 Here, plaintiff disputes the factual findings of the Board, i.e., its findings that her disability did not result from any duty-related injury relating to her February 18, 2021, fall but rather was the result of surgery performed to address a preexisting degenerative condit

22024–2024
Exelon Corp. v. Department of Revenue green
ill · 2009
2 sentences

2023Exelon Corp., 234 Ill. 2d at 273 .

2019Exelon Corp., 234 Ill. 2d at 273 .

22019–2023
Medponics Illinois LLC v. Dept. of Agriculture green
ill · 2021
2 sentences

2022“A mixed question is one where the facts are admitted, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard or whether the rule of law is violated when applied to the established facts.” Medponics Illinois, LLC v. Department of Agriculture, 2021 IL 125443, ¶ 29 .

2022“A mixed question is one where the facts are admitted, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard or whether the rule of law is violated when applied to the established facts.” Medponics Illinois, LLC v. Department of Agriculture, 2021 IL 125443, ¶ 29 .

22022–2022
Zurek v. Petersen green
illappct · 2015
2 sentences

2022Id. ¶ 30 A mixed question of fact and law presents a situation in which the historical facts are established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or, in other words, whether the rule of law as applied to the established facts is or is not violated.

2022Id. ¶ 29 A mixed question of fact and law presents a situation in which the historical facts are established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or, in other words, whether the rule of law as applied to the established facts is or is not violated.

22022–2022
Board of Education of Springfield School District No. 186 v. Attorney General of Illinois green
illappct · 2015
2 sentences

2021The proper standard of review “depends on whether the issue involves a question of fact, a question of law, or a mixed question of law and fact.” Id. ¶ 21 This court has described these varying standards of review as follows: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical facts are admitted or established, the control

2021The -6- proper standard of review “depends on whether the issue involves a question of fact, a question of law, or a mixed question of law and fact.” Id. ¶ 21 This court has described these varying standards of review as follows: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical facts are admitted or established, the con

22021–2021
The Board of Education of Springfield School District No. 186 v. The Attorney General of Illinois green
ill · 2017
2 sentences

2021The proper standard of review “depends on whether the issue involves a question of fact, a question of law, or a mixed question of law and fact.” Id. ¶ 21 This court has described these varying standards of review as follows: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical facts are admitted or established, the control

2021The -6- proper standard of review “depends on whether the issue involves a question of fact, a question of law, or a mixed question of law and fact.” Id. ¶ 21 This court has described these varying standards of review as follows: “An agency’s findings and conclusions of fact are deemed prima facie true and correct and will be overturned only if they are against the manifest weight of the evidence. [Citation.] A determination is against the manifest weight of the evidence if the opposite conclusion is clearly evident. [Citation.] [W]here the historical facts are admitted or established, the con

22021–2021
Howe v. The Retirement Board of the Firemen's Annunity and Benefit Fund of Chicago green
illappct · 2015
2 sentences

2019For example, urging us to apply the clearly erroneous standard, defendants cite Howe v. Retirement Board of the Fireman’s Annuity & Benefit Fund, 2015 IL App (1st) 141350, ¶ 47 , where the court applied that standard when the facts were undisputed and the question was whether a firefighter’s injury resulted from an act of duty.

2018For example, urging us to apply the clearly-erroneous standard, defendants cite Howe v. Retirement Board of the Fireman's Annuity & Benefit Fund , 2015 IL App (1st) 141350 , ¶ 47, 390 Ill.Dec. 571 , 29 N.E.3d 503 , where the court applied that standard when the facts were undisputed and the question was whether a firefighter's injury resulted from an act of duty.

22018–2019
Van Dyke v. White green
illappct · 2016
2 sentences

2017“Mixed questions of fact and law are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) Id. ¶ 14 In this case, the agency determined whether the Medicaid statute’s prohibition against certain property transfers applied to the undisputed facts—Buckley’s purchase of an insurance policy.

2017“Mixed questions of fact and law are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” (Internal quotation marks omitted.) Id. ¶ 14 In this case, the agency determined whether the Medicaid statute’s prohibition against certain property transfers applied to the undisputed facts—Buckley’s purchase of an insurance policy.

22017–2017
Department of Central Management Services/Department of Public Health v. Illinois Labor Relations Board, State Panel neutral
illappct · 2012
2 sentences

2016A question of law is subject to de novo review (id.); however, in the administrative review setting, deference to the agency’s experience and expertise is accorded to the agency’s interpretation of the law or rule at issue (Department of Central Management Services/Department of Public Health v. Illinois Labor Relations Board, State Panel, 2012 IL App (4th) 110209, ¶ 16 ). ¶ 26 A mixed question of fact and law occurs where the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard or, in other words, whethe

2016A question of law is subject to de novo review (id.); however, in the administrative review setting, deference to the agency’s experience and expertise is accorded to the agency’s interpretation of the law or rule at issue (Department of Central Management Services/Department of Public Health v. Illinois Labor Relations Board, State Panel, 2012 IL App (4th) 110209, ¶ 16 ). ¶ 26 A mixed question of fact and law occurs where the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard or, in other words, whethe

22016–2016
Lombard Public Facilities Corp. v. Department of Revenue green
illappct · 2008
2 sentences

2015Lombard Public Facilities Corp. v. Department of Revenue, 378 Ill.

2015Lombard Public Facilities Corp. v. Department of Revenue, 378 Ill.

22015–2015
City of Sandwich v. Illinois Labor Relations Board green
illappct · 2011
22012–2013
XL Disposal Corp., Inc. v. Zehnder green
illappct · 1999
22002–2002
In re Fatima A. green
illappct · 2015
12026–2026
Ford Motor Co. (Chicago Stamping Plant) v. National Labor Relations Board green
scotus · 1979
12025–2025
Slater v. Illinois Labor Relations Board green
illappct · 2019
12021–2021
Horsehead Corp. v. Department of Revenue green
ill · 2019
12021–2021
Village of Oak Brook v. Sheahan green
illappct · 2015
12015–2015
Dept. of Cent. Management Services v. Ilrb green
illappct · 2011
12013–2013

Statutes the citing opinions construe

IL § 735 ILCS 5/3-110 (61) IL § 735 ILCS 5/3-101 (55) IL § 820 ILCS 405/100 (19) IL § 10 ILCS 5/7-10 (14) IL § 820 ILCS 405/602 (13) IL § 5 ILCS 315/3 (12) IL § 10 ILCS 5/10-10.1 (11) IL § 10 ILCS 5/10-8 (11) IL § 5 ILCS 315/11 (11) IL § 115 ILCS 5/14 (10) IL § 5 ILCS 120/1 (10) IL § 115 ILCS 5/16 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 217 (2000–2026) WI 32 (2017–2026) SD 7 (1987–1998) MT 7 (2005–2026) DC 5 (1987–2003) RI 4 (2003–2011) TN 3 (2021–2022) WA 2 (2007–2007)

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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