weight of the evidence test (North Dakota) · Go Syfert
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weight of the evidence test in North Dakota

21 North Dakota opinions name it 1 courts 1979–2020 0 in the last five years

The cases below were cited by North Dakota 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 (1)

CaseFollowedCited
Power Fuels, Inc. v. Elkingreen
nd · 1979 · cited in 20 North Dakota opinions naming this issue, 1980–2020
2 sentences

2020See Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D. 1979) [“In construing the ‘preponderance of the evidence’ standard to permit us to apply the weight-of-the-evidence test to the factual findings of an administrative agency, we do not make independent findings of fact or substitute our judgment for that of the agency.”].

2017Id.; see Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D. 1979) (“In construing the ‘preponderance of the evidence’ standard to permit us to apply the weight-of-the-evidence test to the factual findings of an administrative agency, we do not make independent findings of fact or substitute our judgment for that of the agency.”).

1520

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
American State Bank of Williston v. State Banking Board green
nd · 1980
1 sentence

1981We determine only whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record.’ ” 289 N.W.2d at 225-26 .

11981–1981
State Insurance Commissioner v. National Bureau of Casualty Underwriters green
md · 1967
2 sentences

1979Section 245 of Art. 48A, properly construed, does no more than permissibly require the court to decide (1) the legality of the Insurance Commissioner’s actions, and (2) whether a reasoning mind reasonably could have determined that the factual conclusion reached was proven by the weight of the evidence on the record as a whole.” 4 248 Md. at 309-310 , 236 A.2d at 291-292 .

1979Section 245 of Art. 48A, properly construed, does no more than permissibly require the court to decide (1) the legality of the Insurance Commissioner’s actions, and (2) whether a reasoning mind reasonably could have determined that the factual conclusion reached was proven by the weight of the evidence on the record as a whole.” 4 248 Md. at 309-310 , 236 A.2d at 291-292 .

11979–1979
Allstate Insurance Co. v. Knutson green
nd · 1979
1 sentence

1979Bur., supra. This result was foreshadowed by the decision of this court in Allstate Insurance Co. v. Knutson, supra. In construing the “preponderance of the evidence” standard to permit us to apply the weight-of-the-evidence test to the factual findings of an administrative agency, we do not make independent findings of fact or substitute our judgment for that of the agency.

11979–1979

Statutes the citing opinions construe

ND § N.D. Cent. Code § 28-32-19 (12) ND § N.D. Cent. Code § 28-32-49 (7) ND § N.D. Cent. Code § 28-32-21 (6) ND § N.D. Cent. Code § 28-32-01 (5) ND § N.D. Cent. Code § 28-32-50 (5) ND § N.D. Cent. Code § 43-17-31 (4) ND § N.D. Cent. Code § 65-10-01 (4) ND § N.D. Cent. Code § 43-17-03 (3) ND § N.D. Cent. Code § 43-17-06 (3) ND § N.D. Cent. Code § 43-17-07.2 (3) ND § N.D. Cent. Code § 43-17-30.1 (3) ND § N.D. Cent. Code § 43-17-32.1 (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

PA 1333 (1984–2026) OH 290 (1995–2026) IA 199 (2001–2026) NY 98 (1986–2026) ND 21 (1979–2020) MO 18 (2012–2025) MS 17 (2013–2026) VT 12 (1935–2024) FL 12 (1987–2022) CT 10 (1991–2025) MD 7 (1967–2001) CA 3 (1974–2025) TX 3 (1987–1996) RI 2 (2017–2017) MA 2 (1982–1983)

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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