guiding principle (Alabama) · Go Syfert
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guiding principle in Alabama

30 Alabama opinions name it 3 courts 1929–2013 0 in the last five years

The cases below were cited by Alabama 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 (19)

CaseFollowedCited
Y.N. v. Jefferson County Department of Human Resourcesgreen
alacivapp · 2011 · cited in 2 Alabama opinions naming this issue, 2011–2013
2 sentences

2013Dep’t of Human Res., 67 So.3d 76, 83 (Ala.Civ.App.2011)).

2011See Y.N. v. Jefferson County Dep’t of Human Res., 67 So.3d 76, 83 (Ala.Civ.App.2011).

22
Callas v. Pappasgreen
wied · 1995 · cited in 2 Alabama opinions naming this issue, 2006–2006
2 sentences

2006Kevlik v. Goldstein , 724 F.2d 844 , 849 (1st Cir.1984), held: "The guiding principle . . . is the intent of the client." Callas v. Pappas , 907 F.Supp. 1257 , 1262 (E.D.Wis.1995), held that the attorney-client relationship arose when the putative client "reasonably believed" he was consulting with an attorney in the attorney's professional capacity.

2006Kevlik v. Goldstein, 724 F.2d 844, 849 (1st Cir.1984), held: “The guiding principle ... is the intent of the client.” Callas v. Pappas, 907 F.Supp. 1257, 1262 (E.D.Wis.1995), held that the attorney-client relationship arose when the putative client “reasonably believed” he was consulting with an attorney in the attorney’s professional capacity.

22
James J. Kevlik v. David B. Goldstein, Town of Derrygreen
ca1 · 1984 · cited in 2 Alabama opinions naming this issue, 2006–2006
2 sentences

2006Kevlik v. Goldstein , 724 F.2d 844 , 849 (1st Cir.1984), held: "The guiding principle . . . is the intent of the client." Callas v. Pappas , 907 F.Supp. 1257 , 1262 (E.D.Wis.1995), held that the attorney-client relationship arose when the putative client "reasonably believed" he was consulting with an attorney in the attorney's professional capacity.

2006Kevlik v. Goldstein, 724 F.2d 844, 849 (1st Cir.1984), held: “The guiding principle ... is the intent of the client.” Callas v. Pappas, 907 F.Supp. 1257, 1262 (E.D.Wis.1995), held that the attorney-client relationship arose when the putative client “reasonably believed” he was consulting with an attorney in the attorney’s professional capacity.

22
Herbes v. Grahamgreen
illappct · 1989 · cited in 2 Alabama opinions naming this issue, 2006–2006
2 sentences

2006Herbes v. Graham, 180 Ill.App.3d 692, 699 , 536 N.E.2d 164, 168 , 129 Ill.Dec. 480, 484 (1989), held that cases involving the attorney-client privilege “focus on the client’s viewpoint rather than that of the attorney.” And in In re Anonymous, 655 N.E.2d 67, 70 (Ind.1995), the Supreme Court of Indiana held that an “important factor is the putative client’s subjective belief that he is consulting a lawyer in his professional capacity .... ” In his affidavit, Father Zoghby clearly and unequivocally stated that he signed an authorization releasing his treatment records to Archbishop Lipscomb and

2006Herbes v. Graham, 180 Ill.App.3d 692, 699 , 536 N.E.2d 164, 168 , 129 Ill.Dec. 480, 484 (1989), held that cases involving the attorney-client privilege “focus on the client’s viewpoint rather than that of the attorney.” And in In re Anonymous, 655 N.E.2d 67, 70 (Ind.1995), the Supreme Court of Indiana held that an “important factor is the putative client’s subjective belief that he is consulting a lawyer in his professional capacity .... ” In his affidavit, Father Zoghby clearly and unequivocally stated that he signed an authorization releasing his treatment records to Archbishop Lipscomb and

22
Matter of Anonymousgreen
ind · 1995 · cited in 2 Alabama opinions naming this issue, 2006–2006
2 sentences

2006Herbes v. Graham , 180 Ill.App.3d 692 , 699 , 536 N.E.2d 164 , 168 , 129 Ill.Dec. 480 , 484 (1989), held that cases involving the attorney-client privilege "focus on the client's viewpoint rather than that of the attorney." And in In re Anonymous , 655 N.E.2d 67 , 70 (Ind. 1995), the Supreme Court of Indiana held that an "important factor is the putative client's subjective belief that he is consulting a lawyer in his professional capacity. . . ." In his affidavit, Father Zoghby clearly and unequivocally stated that he signed an authorization releasing his treatment records to Archbishop Lipsc

2006Herbes v. Graham, 180 Ill.App.3d 692, 699 , 536 N.E.2d 164, 168 , 129 Ill.Dec. 480, 484 (1989), held that cases involving the attorney-client privilege “focus on the client’s viewpoint rather than that of the attorney.” And in In re Anonymous, 655 N.E.2d 67, 70 (Ind.1995), the Supreme Court of Indiana held that an “important factor is the putative client’s subjective belief that he is consulting a lawyer in his professional capacity .... ” In his affidavit, Father Zoghby clearly and unequivocally stated that he signed an authorization releasing his treatment records to Archbishop Lipscomb and

22
Carmichael v. Southern Coal & Coke Co.green
scotus · 1937 · cited in 2 Alabama opinions naming this issue, 1959–1989
2 sentences

1989Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.' Id. , at 510, 57 S.Ct., at 872." Id. , 410 U.S. at 364 -365 , 93 S.Ct. at 1006 (footnote omitted).

1959Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.” Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 , 109 A.L.R. 1327, 1332, 1333 .

12
C.O. v. S.O.green
alacivapp · 2011 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013I agree that the guiding principle in a case such as this one is to determine what is in “ ‘the child’s best interests.’ ” C.O. v. S.O., 85 So.3d 460, 465 (Ala.Civ.App.2011) (quoting Y.N. v. Jefferson Cnty.

11
K & C DEVELOPMENT CORP. v. AmSouth Bankgreen
ala · 1992 · cited in 1 Alabama opinions naming this issue, 2012–2012
1 sentence

2012Corp. v. AmSouth Bank, N.A., 597 So.2d 671, 674 (Ala. 1992).

11
Ab v. Jbgreen
alacivapp · 2009 · cited in 1 Alabama opinions naming this issue, 2011–2011
2 sentences

2011Because I maintain that the compelling-reason requirement is “a guiding principle designed to assist the trial court in determining the best interest of the children whose custody it must decide,” 40 So.3d at 736 (Thomas, J., concurring in part and concurring in the result), as opposed to a separate burden upon the trial court to have an especially convincing reason for a judgment separating siblings, I will conform to the majority’s determination that no “compelling reason” is required in order to separate siblings from one another.

2011Because I maintain that the compelling-reason requirement is "a guiding principle designed to assist the trial court in determining the best interest of the children whose custody it must decide," 40 So.3d at 736 (Thomas, J., concurring in part and concurring in the result), as opposed to a separate burden upon the trial court to have an especially convincing reason for a judgment separating siblings, I will conform to the majority's determination that no "compelling reason" is required in order to separate siblings from one another.

11
Eberle v. Nielsongreen
idaho · 1957 · cited in 1 Alabama opinions naming this issue, 2008–2008
2 sentences

2008"There flows from this fundamental concept, as a matter of logic in its application, the inescapable conclusion that the rule of expressio unius est exclusio alterius has no application to the provisions of our State Constitution." 78 Idaho at 578 , 306 P.2d at 1086 (footnote omitted).

2008"There flows from this fundamental concept, as a matter of logic in its application, the inescapable conclusion that the rule of expressio unius est exclusio alterius has no application to the provisions of our State Constitution." 78 Idaho at 578 , 306 P.2d at 1086 (footnote omitted).

11
Stamps v. Jefferson County Bd. of Educ.green
ala · 1994 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003Lane contends that he filed his petition for a declaratory judgment “to determine the legal status of both parties if these movie videos are viewed by Appellant and other inmates.” He argues that “[o]f course there is a ‘justiciable controversy ’ in this case, and it should have been resolved under the liberal construction and application of the Declaratory Judgment Act.” Lane argues that the guiding principle in considering whether a declaratory-judgment action presents a justiciable controversy is whether a judgment would “ ‘terminate the uncertainty or controversy giving rise to the proceed

11
Carlton v. Trinity Universal Insurance Co.green
texapp · 2000 · cited in 1 Alabama opinions naming this issue, 2002–2002
1 sentence

2002If there is a single guiding principle that governs our interpretation of the insuring agreement, it is to give effect to the parties' intent as expressed in the plain language of the written policy." 32 S.W.3d at 464-65 (citations omitted).

11
Estes v. City of Gadsdengreen
ala · 1957 · cited in 1 Alabama opinions naming this issue, 2001–2001
2 sentences

2001Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function."'" Estes, 266 Ala. 166, 173 , 94 So.2d at 750-51 (citations omitted).

2001Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function."'" Estes, 266 Ala. 166, 173 , 94 So.2d at 750-51 (citations omitted).

11
Crane v. Pringlegreen
ala · 1979 · cited in 1 Alabama opinions naming this issue, 1992–1992
1 sentence

1992See Crane v. Pringle , 378 So.2d 721 (Ala. 1979); Moore v. Leseur , 18 Ala. 606 (1851).

11
Lehnhausen v. Lake Shore Auto Parts Co.green
scotus · 1973 · cited in 1 Alabama opinions naming this issue, 1989–1989
2 sentences

1989Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.' Id. , at 510, 57 S.Ct., at 872." Id. , 410 U.S. at 364 -365 , 93 S.Ct. at 1006 (footnote omitted).

1989Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.' Id. , at 510, 57 S.Ct., at 872." Id. , 410 U.S. at 364 -365 , 93 S.Ct. at 1006 (footnote omitted).

11
City of New Orleans v. Dukesgreen
scotus · 1976 · cited in 1 Alabama opinions naming this issue, 1989–1989
2 sentences

1989See, also, City of New Orleans v. Dukes , 427 U.S. 297 , 96 S.Ct. 2513 , 49 L.Ed.2d 511 (1976).

1989See, also, City of New Orleans v. Dukes , 427 U.S. 297 , 96 S.Ct. 2513 , 49 L.Ed.2d 511 (1976).

11
State v. Pure Oil Co.green
ala · 1951 · cited in 1 Alabama opinions naming this issue, 1968–1968
2 sentences

1968Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch, its . rightful independence and its ability to function.’ ” State v. Pure Oil Co., 256 Ala. 534, 538, 539 , 55 So.2d 843, 846 .

1968Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch, its . rightful independence and its ability to function.’ ” State v. Pure Oil Co., 256 Ala. 534, 538, 539 , 55 So.2d 843, 846 .

11
Booth v. Indianagreen
scotus · 1915 · cited in 1 Alabama opinions naming this issue, 1951–1951
2 sentences

1951See Booth v. [State of] Indiana, 237 U.S. 391, 397 , 35 S.Ct. 617 , 59 L.Ed. 1011 .

1951See Booth v. [State of] Indiana, 237 U.S. 391, 397 , 35 S.Ct. 617 , 59 L.Ed. 1011 .

11
Grand Chute v. Winegargreen
scotus · 1873 · cited in 1 Alabama opinions naming this issue, 1929–1929
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

CaseCitedYears
Dent v. Foy green
ala · 1925
2 sentences

2004Dent v. Foy , 214 Ala. 243 , 107 So. 210 [(1925)].

2004Dent v. Foy , 214 Ala. 243 , 107 So. 210 [(1925)].

31952–2004
Smith v. Industrial Dev. Bd. of Andalusia green
ala · 1984
1 sentence

2006This Court has always given a liberal construction to the provisions of § 45 and will not abandon this guiding principle in the present case." 455 So.2d at 841 .

12006–2006
Moore v. Leseur neutral
ala · 1851
1 sentence

1992See Crane v. Pringle , 378 So.2d 721 (Ala. 1979); Moore v. Leseur , 18 Ala. 606 (1851).

11992–1992
Lindsley v. Natural Carbonic Gas Co. green
scotus · 1911
2 sentences

1988Only by faithful adherence to this guiding principle of judicial review of legislation is it possible *Page 212 to preserve to the legislative branch its rightful independence and its ability to function.' " The United States Supreme Court in Lindsley v. Natural Carbonic Gas Co. , 220 U.S. 61 , 78-79 , 31 S.Ct. 337 , 340 , 55 L.Ed. 369 (1911), which involved a state statute constitutionally challenged as being arbitrary, wrote: "The rules by which this contention must be tested, as is shown by repeated decisions of this court, are these: 1.

1988Only by faithful adherence to this guiding principle of judicial review of legislation is it possible *Page 212 to preserve to the legislative branch its rightful independence and its ability to function.' " The United States Supreme Court in Lindsley v. Natural Carbonic Gas Co. , 220 U.S. 61 , 78-79 , 31 S.Ct. 337 , 340 , 55 L.Ed. 369 (1911), which involved a state statute constitutionally challenged as being arbitrary, wrote: "The rules by which this contention must be tested, as is shown by repeated decisions of this court, are these: 1.

11988–1988
King v. Keith green
ala · 1952
2 sentences

1986Although Adams stated that the notes specified an attorney's fee of fifteen percent (15%), on cross-examination he admitted that he was mistaken in that the notes called for a "reasonable" attorney's fee, with no stated percentage. *Page 20 The standard to be used in determining the reasonableness of an attorney's fee was stated by this Court in King v. Keith , 257 Ala. 463 , 60 So.2d 47 (1952): "The guiding rule in the fixation of attorney's fees is that the trial court, in connection with a consideration of the opinion evidence proffered by qualified experts, may call to his aid his own esti

1986Although Adams stated that the notes specified an attorney's fee of fifteen percent (15%), on cross-examination he admitted that he was mistaken in that the notes called for a "reasonable" attorney's fee, with no stated percentage. *Page 20 The standard to be used in determining the reasonableness of an attorney's fee was stated by this Court in King v. Keith , 257 Ala. 463 , 60 So.2d 47 (1952): "The guiding rule in the fixation of attorney's fees is that the trial court, in connection with a consideration of the opinion evidence proffered by qualified experts, may call to his aid his own esti

11986–1986
Perry v. Perry green
alacivapp · 1984
1 sentence

1986Perry v. Perry, 460 So.2d 1324 (Ala.Civ.App.1984).

11986–1986
Hamilton v. State green
alacivapp · 1982
1 sentence

1983Hamilton v. State , 410 So.2d 64 (Ala.Civ.App. 1982).

11983–1983
Blankenship v. Blankenship neutral
ala · 1957
2 sentences

1975Applying the guiding principle of best interest for the child to the facts of this case, with a view to presumption of correctness attendant in this type case, Blankenship v. Blankenship, 266 Ala. 182, 94 So.2d 743 , this court cannot say the. trial judge erred in his award.

1975Applying the guiding principle of best interest for the child to the facts of this case, with a view to presumption of correctness attendant in this type case, Blankenship v. Blankenship, 266 Ala. 182, 94 So.2d 743 , this court cannot say the. trial judge erred in his award.

11975–1975
Borsdorf v. Mills green
alacivapp · 1973
2 sentences

1974Any indication or suggestion said to be gleaned from Chandler v. Whatley, supra, or from any other of our cases, which is contrary to, or not in accordance with, the guiding principle in awarding custody of minor children—the best interests and welfare of the children—is simply not our rule and should not be followed. *597 As it was so well expressed by Judge Wright, for the Court of Civil Appeals in Borsdorf v. Mills, 49 Ala.App. 658 , 275 So.2d 338 (1973), viz.: "* * * The principle of priority of right of a parent to custody is founded upon the premise that because of a blood relation and i

1974Any indication or suggestion said to be gleaned from Chandler v. Whatley, supra, or from any other of our cases, which is contrary to, or not in accordance with, the guiding principle in awarding custody of minor children—the best interests and welfare of the children—is simply not our rule and should not be followed. *597 As it was so well expressed by Judge Wright, for the Court of Civil Appeals in Borsdorf v. Mills, 49 Ala.App. 658 , 275 So.2d 338 (1973), viz.: "* * * The principle of priority of right of a parent to custody is founded upon the premise that because of a blood relation and i

11974–1974
Dunn Const. Co. v. State Board of Adjustment green
ala · 1937
2 sentences

1964The guiding principle in the instant case is to the same effect as the cases supra, and as observed in Dunn Construction Co. v. State Board of Adjustment, 234 Ala. 372, 376 , 175 So. 383 , 386: “As for claims arising from contracts with the state, including contracts through agencies authorized to contract on behalf of the state, it is to be observed that all persons dealing with the state are charged with knowledge that no one has authority to subject the state to suit.” The suit here is one to redress breach of contract by the State and for that reason cannot be maintained.

1964The guiding principle in the instant case is to the same effect as the cases supra, and as observed in Dunn Construction Co. v. State Board of Adjustment, 234 Ala. 372, 376 , 175 So. 383 , 386: “As for claims arising from contracts with the state, including contracts through agencies authorized to contract on behalf of the state, it is to be observed that all persons dealing with the state are charged with knowledge that no one has authority to subject the state to suit.” The suit here is one to redress breach of contract by the State and for that reason cannot be maintained.

11964–1964
Wright v. State green
alactapp · 1954
2 sentences

1958This court, per Harwood, P. J., laid down the guiding principle in Wright v. State, 38 Ala.App. 64 , 79 So.2d 66 , 70: “It is now the well settled rule in this jurisdiction that a separation of a jury during the trial of a felony creates, prima facie, a cause for reversible error.

1958This court, per Harwood, P. J., laid down the guiding principle in Wright v. State, 38 Ala.App. 64 , 79 So.2d 66 , 70: “It is now the well settled rule in this jurisdiction that a separation of a jury during the trial of a felony creates, prima facie, a cause for reversible error.

11958–1958
Bank of Florence v. United States Savings & Loan Co. neutral
ala · 1893
1 sentence

1957This doctrine applies in every case of a trust relation, and as well to moneys deposited in a bank, and to the debt thereby created, as to every other description of property. * * * ” And thus (with closer applicability to this particular situation) in Bank of Florence v. United States Savings and Loan Company, 104 Ala. 297, 300-301 , 16 So. 110 , 111: “It is true that a trustee or an agent or other person standing in a fiduciary relation can not derive benefit from commingling with his own the moneys of his cestui que trust or principal; and it is equally true that, if he makes an investment

11957–1957
Caples v. Nazareth Church of Hopewell Ass'n. green
ala · 1944
11949–1949
Mitchell v. Church of Christ green
ala · 1930
11949–1949
State Ex Rel. Wilkinson v. Murphy green
ala · 1939
11942–1942

Statutes the citing opinions construe

AL § Ala. Code § 12-2-7 (3)

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

NJ 216 (1953–2026) CA 171 (1941–2026) NY 162 (1887–2026) TX 137 (1947–2025) IL 124 (1960–2026) PA 98 (1919–2025) WA 83 (1937–2025) MA 79 (1930–2024) TN 68 (1984–2024) CT 52 (1946–2024) MI 50 (1957–2025) DC 43 (1971–2024) FL 43 (1915–2025) NM 42 (1937–2024) OH 37 (1965–2024) MO 36 (1913–2018) AR 35 (1948–2026) MN 35 (1940–2023) WV 35 (1895–2022) MD 33 (1926–2026) VA 32 (1932–2024) AL 30 (1929–2013) WI 29 (1959–2025) KS 28 (1937–2026) CO 28 (1969–2025) IN 27 (1924–2023) LA 26 (1908–2017) NC 25 (1969–2025) AZ 23 (1964–2025) OR 18 (1931–2018) IA 18 (1927–2024) UT 17 (1919–2023) KY 16 (1940–2025) MT 15 (1937–2025) DE 14 (1956–2023) ME 13 (1948–2021) RI 13 (1979–2024) NH 12 (1974–2024) AK 11 (1988–2024) HI 11 (1960–2024) SC 10 (1998–2025) MS 10 (1969–2023) OK 9 (1906–2024) VT 9 (1974–2020) GA 8 (1938–2023) WY 8 (1951–2025) NE 7 (1927–2013) ID 6 (1990–2023) NV 5 (1952–2011) ND 5 (1918–1992) SD 4 (1974–2015) VI 2 (2006–2010)

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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