function rule (Tennessee) · Go Syfert
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function rule in Tennessee

24 Tennessee opinions name it 3 courts 1971–2019 0 in the last five years

The cases below were cited by Tennessee 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 (4)

CaseFollowedCited
Banks v. Dement Const. Co., Inc.green
tenn · 1991 · cited in 17 Tennessee opinions naming this issue, 2001–2019
2 sentences

2011The function of the rule is to “strike a proper balance between the competing principles of finality and justice.” Banks v. Dement Const. Co., Inc., 817 S.W.2d 16, 18 (Tenn. 1991) (quoting Jerkins v. McKinney, 533 S.W.2d 275, 280 (Tenn. 1976)).

2011The function of the rule is to “strike a proper balance between the competing principles of finality and justice.” Banks v. Dement Const. Co., Inc., 817 S.W.2d 16, 18 (Tenn. 1991) (quoting Jerkins v. McKinney, 533 S.W.2d 275, 280 (Tenn. 1976)).

1617
Jerkins v. McKinneygreen
tenn · 1976 · cited in 17 Tennessee opinions naming this issue, 2001–2019
2 sentences

2011The function of the rule is to “strike a proper balance between the competing principles of finality and justice.” Banks v. Dement Const. Co., Inc., 817 S.W.2d 16, 18 (Tenn. 1991) (quoting Jerkins v. McKinney, 533 S.W.2d 275, 280 (Tenn. 1976)).

2011The function of the rule is to “strike a proper balance between the competing principles of finality and justice.” Banks v. Dement Const. Co., Inc., 817 S.W.2d 16, 18 (Tenn. 1991) (quoting Jerkins v. McKinney, 533 S.W.2d 275, 280 (Tenn. 1976)).

1617
Toney v. Mueller Co.green
tenn · 1991 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011“Rule 60.02 is meant to be used only in those few cases that meet one or more of the criteria stated.” Toney v. Mueller Co., 810 S.W.2d 145, 146 (Tenn. 1991).

11
George, Diane v. Leavitt, Michaelgreen
cadc · 2005 · cited in 1 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010See George v. Leavitt, 407 F.3d 405, 411 (D.C.

2010See George v. Leavitt, 407 F.3d 405, 411 (D.C.Cir.2005) (quoting United States Postal Serv.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Laurenzi v. Atlas Ins. neutral
tenn · 1915
1 sentence

2009Co., 131 Tenn. 644 , 176 S.W. 1022 , 1026 (1915).

12009–2009
Cooper v. Oklahoma green
scotus · 1996
2 sentences

2004The issue of proper burden of proof was addressed in Cooper v. Oklahoma, in which the United States Supreme Court stated: The function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of fact-finding, is to ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.’ Cooper v. Oklahoma, 517 U.S. 348, 362 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970)).

2004The issue of proper burden of proof was addressed in Cooper v. Oklahoma, in which the United States Supreme Court stated: The function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of fact-finding, is to ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.’ Cooper v. Oklahoma, 517 U.S. 348, 362 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970)).

12004–2004
In Re WINSHIP green
scotus · 1970
2 sentences

2004The issue of proper burden of proof was addressed in Cooper v. Oklahoma, in which the United States Supreme Court stated: The function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of fact-finding, is to ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.’ Cooper v. Oklahoma, 517 U.S. 348, 362 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970)).

2004The issue of proper burden of proof was addressed in Cooper v. Oklahoma, in which the United States Supreme Court stated: The function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of fact-finding, is to ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.’ Cooper v. Oklahoma, 517 U.S. 348, 362 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970)).

12004–2004
Bolton v. State green
tenncrimapp · 1981
1 sentence

1998Failure to complain of the alleged discovery violation and to seek a remedy as soon as the defense learns of it may be treated as waiver.11 See Bolton v. State, 617 S.W.2d 909 (Tenn. Crim.

11998–1998
McCully v. State green
tenn · 1899
1 sentence

1988This is a function of the rule that provisions should be construed in pari materia. [14] If a city court exercises constitutional judicial power, the refusal of a board of commissioners to state a reason for removal would, therefore, be improper. [15] "If the law was manifestly misunderstood or misapplied in the case decided, its primacy as a precedent may be overthrown." The Judges' Cases, supra, 102 Tenn. at 542 , 53 S.W. at 142.

11988–1988
Poor Sisters of St. Francis v. Long green
· 1950
2 sentences

1971Francis v. Long (1950), 190 Tenn. 434 , 230 S.W.2d 659 , and Wooten v. Curry (1962), 50 Tenn. App. 549 , 362 S.W.2d 820 , and the authorities cited therein.

1971Francis v. Long (1950), 190 Tenn. 434 , 230 S.W.2d 659 , and Wooten v. Curry (1962), 50 Tenn. App. 549 , 362 S.W.2d 820 , and the authorities cited therein.

11971–1971
Wooten v. Curry green
tennctapp · 1961
2 sentences

1971Francis v. Long (1950), 190 Tenn. 434 , 230 S.W.2d 659 , and Wooten v. Curry (1962), 50 Tenn. App. 549 , 362 S.W.2d 820 , and the authorities cited therein.

1971Francis v. Long (1950), 190 Tenn. 434 , 230 S.W.2d 659 , and Wooten v. Curry (1962), 50 Tenn. App. 549 , 362 S.W.2d 820 , and the authorities cited therein.

11971–1971

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 27-1-122 (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

LA 320 (1906–2026) CA 56 (1973–2026) TX 51 (1965–2024) PA 44 (1940–2023) MO 33 (1909–2019) CT 31 (1988–2012) WA 25 (1942–2023) TN 24 (1971–2019) MD 24 (1973–2024) IL 22 (1978–2026) MA 22 (1978–2026) CO 21 (1937–2020) NY 20 (1896–2026) RI 18 (1968–2013) IN 17 (1916–2016) OR 17 (1914–2025) FL 17 (1955–2018) OH 14 (2006–2026) GA 13 (1907–2026) MI 11 (1978–2023) HI 10 (1981–2025) NJ 9 (1979–2025) WI 8 (1995–2021) NM 8 (1984–2021) IA 8 (1928–2019) OK 8 (1941–2015) VA 7 (1937–2016) AL 7 (1873–2013) AZ 7 (1953–2026) NC 7 (1939–1981) MS 6 (1982–1999) WY 6 (1977–2020) VT 6 (1925–2026) SD 5 (1967–2006) NE 5 (1994–2019) ND 5 (1986–2018) KY 4 (1990–2019) UT 4 (1993–2024) DC 4 (1990–2022) MT 4 (1974–2009) NH 4 (1977–2011) SC 4 (1984–1997) MN 4 (1978–2016) ID 4 (1986–1995) KS 4 (1909–2015) ME 4 (2018–2025) WV 2 (1996–2025) NV 2 (2020–2020)

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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