party making challenge (Illinois) · Go Syfert
← Illinois issues

party making challenge in Illinois

28 Illinois opinions name it 3 courts 1902–2026 7 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 (8)

CaseFollowedCited
People v. Peeplesgreen
ill · 1993 · cited in 3 Illinois opinions naming this issue, 2020–2021
2 sentences

2021People v. Peeples, 155 Ill. 2d 422, 463 (1993).

2020People v. Peeples, 155 Ill. 2d 422, 463 (1993).

33
People v. Jihangreen
ill · 1989 · cited in 4 Illinois opinions naming this issue, 1993–2005
2 sentences

2005"The right to challenge a statute as being vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment concerns are involved." People v. Jihan , 127 Ill. 2d 379, 386 , 537 N.E.2d 751, 754 (1989).

2005"The right to challenge a statute as being vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment concerns are involved." People v. Jihan , 127 Ill. 2d 379, 386 , 537 N.E.2d 751, 754 (1989).

24
People v. Colegreen
ill · 1973 · cited in 3 Illinois opinions naming this issue, 1975–2024
2 sentences

1975In People v. Cole, 54 Ill.2d 401 , 298 N.E.2d 705 , the Supreme Court set forth the general principles that the party making a challenge for cause must show the existence of a state of mind in the juror that will raise a presumption of partiality and that determination of whether the prospective juror does, or does not, possess “the state of mind which will enable him to give to an accused a fair and impartial trial rests in the sound discretion of the trial judge.” This determination will not be set aside on review “unless it is against the manifest weight of the evidence.” ( 54 Ill.2d 401, 4

1975In People v. Cole, 54 Ill.2d 401 , 298 N.E.2d 705 , the Supreme Court set forth the general principles that the party making a challenge for cause must show the existence of a state of mind in the juror that will raise a presumption of partiality and that determination of whether the prospective juror does, or does not, possess “the state of mind which will enable him to give to an accused a fair and impartial trial rests in the sound discretion of the trial judge.” This determination will not be set aside on review “unless it is against the manifest weight of the evidence.” ( 54 Ill.2d 401, 4

13
People v. Williamsgreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026People v. Williams, 209 Ill. 2d 227, 244 (2004). ¶ 52 First, the party making the claim must establish a prima facie case of purposeful discrimination.

11
People v. Armstronggreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024While a prospective juror may be removed for cause when that person’s “views would prevent or substantially impair the performance of his duties as a juror” (People v. Armstrong, 183 Ill. 2d 130, 143 (1998)), an equivocal response does not require that a juror be excused for cause (Buss, 187 Ill. 2d at 187 (citing Williams, 173 Ill. 2d at 67 )). ¶ 26 The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge.

11
People v. Portergreen
ill · 1986 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022This determination is not to be set aside unless it is against the manifest weight of the evidence. [Citation.]” ¶ 16 Where a defendant claims juror bias following a juror’s failure to disclose their relationship with a witness during voir dire, “[t]he general rule *** is that a motion for a new trial will not be granted unless it is established that prejudice resulted.” People v. Porter, 111 Ill. 2d 386, 403 (1986); see also People v. Olinger, 176 Ill. 2d 326, 353 (1997) (“A new trial is required if the movant establishes that (1) a juror answered falsely on voir dire and (2) prejudice result

11
People v. Olingergreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022This determination is not to be set aside unless it is against the manifest weight of the evidence. [Citation.]” ¶ 16 Where a defendant claims juror bias following a juror’s failure to disclose their relationship with a witness during voir dire, “[t]he general rule *** is that a motion for a new trial will not be granted unless it is established that prejudice resulted.” People v. Porter, 111 Ill. 2d 386, 403 (1986); see also People v. Olinger, 176 Ill. 2d 326, 353 (1997) (“A new trial is required if the movant establishes that (1) a juror answered falsely on voir dire and (2) prejudice result

11
People v. Kuntugreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022While the conviction was somewhat similar to those charged in that all involved the possession of a weapon, nothing in the record suggests admission of this one conviction was unduly prejudicial such that it deprived defendant of a fair trial. ¶ 34 OSAD’s third potential issue concerns juror Tipton being allowed to serve on the jury after she expressed her opinion that “everyone is guilty.” “The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge.” People v. Kuntu, 196 Ill. 2d 105, 127 (2001).

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 (20)

CaseCitedYears
McKinley v. Watkins green
ill · 1851
2 sentences

1913“Where a claim is asserted by one party against another, if the party making the claim honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is sufficient consideration to support a promise. ’ ” Walker v. Shepard, 210 Ill. 112 ; McKinley v. Watki

1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK

31904–1913
People v. Mosley green
ill · 2015
2 sentences

2025People v. Mosley, 2015 IL 115872, ¶ 22 .

2025People v. Mosley, 2015 IL 115872 , ¶ 22.

22025–2025
Batson v. Kentucky green
scotus · 1986
2 sentences

2001Batson, 476 U.S. at 93-94 , 90 L.

2001Batson, 476 U.S. at 93-94 , 90 L.

22001–2001
Pelouze v. Slaughter neutral
ill · 1909
2 sentences

1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 .

1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 .

21930–1956
Honeyman v. Jarvis neutral
ill · 1875
2 sentences

1913“Where a claim is asserted by one party against another, if the party making the claim honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is sufficient consideration to support a promise. ’ ” Walker v. Shepard, 210 Ill. 112 ; McKinley v. Watki

1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK

21912–1913
Adams v. Crown Coal & Tow Co. green
ill · 1902
2 sentences

1913“Where a claim is asserted by one party against another, if the party making the claim honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is sufficient consideration to support a promise. ’ ” Walker v. Shepard, 210 Ill. 112 ; McKinley v. Watki

1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK

21912–1913
McDonnell v. McPartlin green
ill · 2000
1 sentence

2026McDonnell, 192 Ill. 2d at 526 .

12026–2026
People v. Williams green
ill · 1996
1 sentence

2024While a prospective juror may be removed for cause when that person’s “views would prevent or substantially impair the performance of his duties as a juror” (People v. Armstrong, 183 Ill. 2d 130, 143 (1998)), an equivocal response does not require that a juror be excused for cause (Buss, 187 Ill. 2d at 187 (citing Williams, 173 Ill. 2d at 67 )). ¶ 26 The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge.

12024–2024
People v. Buss green
ill · 1999
1 sentence

2024While a prospective juror may be removed for cause when that person’s “views would prevent or substantially impair the performance of his duties as a juror” (People v. Armstrong, 183 Ill. 2d 130, 143 (1998)), an equivocal response does not require that a juror be excused for cause (Buss, 187 Ill. 2d at 187 (citing Williams, 173 Ill. 2d at 67 )). ¶ 26 The burden of showing that a venireperson possesses a disqualifying state of mind is on the party making the challenge.

12024–2024
People v. Borizov green
illappct · 2020
1 sentence

2022In People v. Borizov, 2019 IL App (2d) 170004, ¶ 29 , the Second District explained the right to a fair and unbiased jury as follows: “The right to a jury trial guarantees to a criminal defendant a fair trial by a panel of impartial jurors. [Citation.] A person is not competent to sit as a juror if -4- his or her state of mind or mental attitude is such that, with him or her as a member of the jury, the defendant will not receive a fair and impartial trial. [Citation.] The burden of showing that a juror possesses a disqualifying state of mind is on the party making the challenge, and the deter

12022–2022
Young v. Alden Gardens of Waterford, LLC green
illappct · 2015
2 sentences

2018In considering a claim that a fee award is "excessive," a reviewing court may consider whether the party making the claim of excessiveness also made the choice "to aggressively litigate this case, raising virtually every conceivable issue." Young , 2015 IL App (1st) 131887 , ¶ 106, 391 Ill.Dec. 361 , 30 N.E.3d 631 .

2018In considering a claim that a fee award is "excessive," a reviewing court may consider whether the party making the claim of excessiveness also made the choice "to aggressively litigate this case, raising virtually every conceivable issue." Young , 2015 IL App (1st) 131887 , ¶ 106, 391 Ill.Dec. 361 , 30 N.E.3d 631 .

12018–2018
People v. Fabing green
ill · 1991
2 sentences

1994(See People v. Fabing (1991), 143 Ill. 2d 48, 53 , 570 N.E.2d 329 ; Jihan, 127 Ill. 2d at 385 .) However, the right to challenge a statute as being unconstitutionally vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment freedoms are involved.

1994(See People v. Fabing (1991), 143 Ill. 2d 48, 53 , 570 N.E.2d 329 ; Jihan, 127 Ill. 2d at 385 .) However, the right to challenge a statute as being unconstitutionally vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment freedoms are involved.

11994–1994
People v. Garrison green
ill · 1980
2 sentences

1989(Garrison, 82 Ill. 2d at 454 .) In the present case, no first amendment issue is involved and so appellee does not have standing to argue that the statute might be vague as applied to someone else.

1989(Garrison, 82 Ill. 2d at 454 .) The right to challenge a statute as being vague on its face where the statute clearly applies to the conduct of the party making the challenge does not exist unless first amendment concerns are involved.

11989–1989
Finn v. United States green
scotus · 1887
1 sentence

1983In reaching that conclusion the Court applied the rule announced in Finn v. U.S., 123 U.S. 227 , in which Justice Harlan, who delivered the opinion of the Court, stated as follows: “The general rule that the limitation does not operate by its own force as a bar, but is a defense, and that the party making such a defense must plead the Statute, if he wishes the benefit of its provisions, has no application to suits in Court of Claims against the United States.

11983–1983
Yoselle v. Yoselle neutral
illappct · 1964
1 sentence

1976Unless there is some real prejudice involved, there will be no incentive for claiming improper authentication." • 1 It is clear that had defendants made some attempt to obtain certification of the report of proceedings but fell short of being in complete conformity with the requirements of Supreme Court Rule 323, this court would have had the power to treat the report of proceedings as if it were properly authenticated. ( Yoselle v. Yoselle, 54 Ill.

11976–1976
Grubey v. National Bank neutral
ill · 1890
2 sentences

1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 .

1956Pelouze v. Slaughter, 241 Ill. 215 , 89 N. E. 259 ; Grubey v. National Bank of Illinois, 133 Ill. 79 , 24 N. E. 575 .

11956–1956
Mulholland v. Bartlett green
ill · 1874
1 sentence

1919The court cites Parsons on Contracts to the effect that the claim must be of some value in reality, and that the assumption of a supposed liability, which has no foundation in law or in fact, is not a valuable or sufficient consideration, and that where one, through mistake of the law, acknowledges himself under an obligation which the law does not impose, he is not bound by such promise, although, in general, ignorance of the law is no excuse or defense, and Ohitty on Contracts to the effect that it is essential that such claim should be sustainable in law or in equity, and the consideration

11919–1919
Heaps v. Dunham green
ill · 1880
1 sentence

1919The court cites Parsons on Contracts to the effect that the claim must be of some value in reality, and that the assumption of a supposed liability, which has no foundation in law or in fact, is not a valuable or sufficient consideration, and that where one, through mistake of the law, acknowledges himself under an obligation which the law does not impose, he is not bound by such promise, although, in general, ignorance of the law is no excuse or defense, and Ohitty on Contracts to the effect that it is essential that such claim should be sustainable in law or in equity, and the consideration

11919–1919
Walker v. Shepard neutral
ill · 1904
1 sentence

1912In Walker v. Shepard, 210 Ill. 100 , it is said: “Where a claim is asserted by one party against another, if the party making the claim.honestly supposes that he has a good cause of action, compromise and satisfaction of the right asserted is a sufficient consideration to uphold a contract fairly entered into, even if, in fact, his claim could not have been enforced, either in whole or in part, at law or in equity. ‘The compromise of a doubtful right, where there is neither actual nor constructive fraud and the parties act in good faith, is a sufficient consideration to support a promise.’ McK

11912–1912
Gehrke v. Gehrke neutral
ill · 1901
1 sentence

1902In such case it would not be equitable for the defendant to pay a part of a solicitor’s fee solely earned as his adversary.” To the same effect, in substance, are the very recent cases of Gehrke v. Gehrke, 190 Ill. 166 , and Bliss v. Seeley, 191 Ill. 477 , in the latter of which cases it was held that where a defense was not formal, frivolous or vexatious, but of a substantial character, though held bad in the Supreme Court, solicitor’s fees should not be taxed against the party making such a defense.

11902–1902

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (4) IL § 725 ILCS 5/122-1 (4) IL § 730 ILCS 5/5-8-1 (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

KS 54 (1934–2026) NY 40 (1863–2025) IL 28 (1902–2026) AL 23 (1942–2010) OH 21 (2001–2025) CT 20 (1976–2003) IN 18 (1991–2020) CA 17 (1891–2026) TX 17 (1981–2024) MO 17 (1884–2017) LA 14 (1986–2025) VA 14 (1910–2018) NM 13 (1981–2024) MT 12 (1994–2022) AZ 11 (1981–2024) NC 10 (1928–2017) MA 10 (1914–2009) PA 10 (1911–2014) WA 9 (2000–2015) NJ 7 (1984–2025) MI 7 (1912–2025) FL 6 (1985–2019) AK 6 (1978–2017) NE 6 (1947–2019) IA 5 (1986–2023) OR 5 (1993–2020) WY 5 (1970–2021) WV 4 (1877–2004) WI 4 (1988–2025) RI 4 (1949–2007) MD 3 (1977–2002) ND 3 (1901–2007) TN 3 (1951–2001) GA 3 (1928–1947) KY 3 (1947–2013) NH 3 (1850–2020) UT 3 (1997–2019) ID 3 (1992–2016) VT 3 (1987–2017) MN 2 (2011–2013) AR 2 (1912–1989) MS 2 (2009–2014)

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