prima facie presumption (North Dakota) · Go Syfert
← North Dakota issues

prima facie presumption in North Dakota

19 North Dakota opinions name it 1 courts 1907–2012 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 (4)

CaseFollowedCited
Duren v. Missourigreen
scotus · 1979 · cited in 3 North Dakota opinions naming this issue, 1993–2011
2 sentences

2011To establish a prima facie violation of the fair-cross-section requirement, the defendant must show three elements: “(1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this un-derrepresentation is due to systematic exclusion of the group in the jury-selection process.” Duren v. Missouri, 439 U.S. 357, 364 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979); see also Robles, at 732.

2011To establish a prima facie violation of the fair-cross-section requirement, the defendant must show three elements: “(1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this un-derrepresentation is due to systematic exclusion of the group in the jury-selection process.” Duren v. Missouri, 439 U.S. 357, 364 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979); see also Robles, at 732.

23
State v. Zimmermangreen
nd · 1994 · cited in 2 North Dakota opinions naming this issue, 2012–2012
2 sentences

2012See Zimmerman , 516 N.W.2d at 642 (explaining defendant must show evidence negates a presumed fact). [¶11] Although Thorsrud’s evidence is sufficient to rebut the prima facie presumption of fair administration, we decline Thorsrud’s invitation to conclude that the testing officer’s deviation from the approved method, alone, means the test was not fairly administered.

2012See Zimmerman, 516 N.W.2d at 642 (explaining defendant must show evidence negates a presumed fact). [¶ 11] Although Thorsrud’s evidence is sufficient to rebut the prima facie presumption of fair administration, we decline Thorsrud’s invitation to conclude that the testing officer’s deviation from the approved method, alone, means the test was not fairly administered.

22
State v. Roblesgreen
nd · 1995 · cited in 2 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011To establish a prima facie violation of the fair-cross-section requirement, the defendant must show three elements: “(1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process.” Duren v. Missouri , 439 U.S. 357, 364 (1979); see also Robles , at 732.

2011If the defendant establishes a prima facie violation, the State has the burden to show “a significant state interest be manifestly and primarily advanced by those aspects of the jury-selection process ... that result in the disproportionate exclusion of a distinctive group.” Duren, at 367-68, 99 S.Ct. 664 (footnote omitted). [¶ 19] “A group of people is distinct when the members of the group have a shared attribute that defines or limits their membership and when they share a community of interests.” Robles, 535 N.W.2d at 732 .

12
Shong v. Stinchfieldgreen
nd · 1921 · cited in 1 North Dakota opinions naming this issue, 1923–1923
2 sentences

1923See Shong v. Stinchfield, 47 N. D. 495 , 183 N. W. 268 .

1923See Shong v. Stinchfield, 47 N. D. 495 , 183 N. W. 268 .

11

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 (14)

CaseCitedYears
Hedderich v. Hedderich green
nd · 1909
2 sentences

1974In Schultz v. Schultz, supra , we alluded to the California case law relied on by the appellants when we said: "This statute [the pretermitted heir statute, now Sec. 56-04-17, NDCC] was involved in the case of Hedderich v. Hedderich, 123 N.W. 276 , recently decided by this court, and in disposing of the petition for rehearing we held that the fact that the lawful issue of a testator is omitted from his will merely raises a prima facie presumption that such issue was not intentionally omitted, and that such presumption is rebuttable by extrinsic proof.

1974In Schultz v. Schultz, supra, we alluded to the California case law relied on by the appellants when we said: “This statute [the pretermitted heir statute, now Sec. 56-04 — 17, NDCC] was involved in the case of Hedderich v. Hedderich, 123 N.W. 276 , recently decided by this court, and in disposing of the petition for rehearing we held that the fact that the lawful issue of a testator is omitted from his will merely raises a prima facie presumption that such issue was not intentionally omitted, and that such presumption is rebuttable by extrinsic proof.

51910–1974
Estate of Baur v. West green
nd · 1952
2 sentences

1974In Re Baur’s Estate, 79 N.D. 113 , 54 N.W.2d 891 (N.D.1952).

1974In Re Baur’s Estate, 79 N.D. 113 , 54 N.W.2d 891 (N.D.1952).

21974–1974
In re Atwood's Estate neutral
utah · 1896
2 sentences

1910In re Atwood’s Estate, 14 Utah, 1 45 Pac. 1036 , 60 Am.

1910In re Atwood’s Estate, 14 Utah, 1 45 Pac. 1036 , 60 Am.

21909–1910
Larsen v. Zarrett green
nd · 1993
2 sentences

2003Zarrett, 498 N.W.2d at 192 .

2003Zarrett, 498 N.W.2d at 192 .

12003–2003
Fortier v. Traynor green
nd · 1983
1 sentence

1993Fortier v. Traynor, supra; Morlan v. Harrington, 658 F.Supp. 24 (D.N.D.1986).

11993–1993
Morlan v. Harrington green
ndd · 1986
1 sentence

1993Fortier v. Traynor, supra; Morlan v. Harrington, 658 F.Supp. 24 (D.N.D.1986).

11993–1993
Schultz v. Schultz neutral
nd · 1910
1 sentence

1952Schultz v. Schultz, 19 ND 688 , 125 NW 555 ; Hedderich v. Hedderich, 18 ND 488 , 123 NW 276 .

11952–1952
Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'n neutral
nd · 1921
2 sentences

1926Asso. 47 N. D. 375 , 14 A.L.R. 1353 , 182 N. W. 263 , as follows: -“It is a well-settled principle of law that the ownership of realty carries with it as an incident thereto the prima facie presumption of the ownership of both the natural products of the land, such as grass and trees, and the emblements, or annually grown crops, but such presumption is not conclusive.

1926Asso. 47 N. D. 375 , 14 A.L.R. 1353 , 182 N. W. 263 , as follows: -“It is a well-settled principle of law that the ownership of realty carries with it as an incident thereto the prima facie presumption of the ownership of both the natural products of the land, such as grass and trees, and the emblements, or annually grown crops, but such presumption is not conclusive.

11926–1926
Hess v. Oregon Baking Co. green
or · 1897
2 sentences

1922Hess v. Oregon Baking Co. 31 Or. 503 , 49 Pac. 803 ; 38 C.

1922Hess v. Oregon Baking Co. 31 Or. 503 , 49 Pac. 803 ; 38 C.

11922–1922
Henderson v. . Henderson neutral
ny · 1889
1 sentence

1920According to sounder doctrine while, where one signs as an agent of another, the prima facie presumption is that the words are merely descñptio persona?, and therefore that the one so signing is personally bound; yet it may be shown in an action between the original parties that it was not so intended, and that, in fact, the real intention was to bind- the principal whose name was disclosed in the signature of his agent, or who was well known by the payee to be the real party to be bound.” Megowan v. Peterson, 113 N. Y. 1 , 65 N. E. 738 .

11920–1920
Megowan v. . Peterson green
ny · 1902
1 sentence

1920According to sounder doctrine while, where one signs as an agent of another, the prima facie presumption is that the words are merely descñptio persona?, and therefore that the one so signing is personally bound; yet it may be shown in an action between the original parties that it was not so intended, and that, in fact, the real intention was to bind- the principal whose name was disclosed in the signature of his agent, or who was well known by the payee to be the real party to be bound.” Megowan v. Peterson, 113 N. Y. 1 , 65 N. E. 738 .

11920–1920
Smith v. Steely neutral
iowa · 1890
2 sentences

1911That a promise to suppress such a criminal prosecution will not support a promise to pay money, see Smith v. Steely, 80 Iowa, 738 , 45 N. W. 912 ; Meech v. Lee, 82 Mich. 274 , 46 N. W. 383 ; 9 Cyc.

1911That a promise to suppress such a criminal prosecution will not support a promise to pay money, see Smith v. Steely, 80 Iowa, 738 , 45 N. W. 912 ; Meech v. Lee, 82 Mich. 274 , 46 N. W. 383 ; 9 Cyc.

11911–1911
Meech v. Lee green
mich · 1890
2 sentences

1911That a promise to suppress such a criminal prosecution will not support a promise to pay money, see Smith v. Steely, 80 Iowa, 738 , 45 N. W. 912 ; Meech v. Lee, 82 Mich. 274 , 46 N. W. 383 ; 9 Cyc.

1911That a promise to suppress such a criminal prosecution will not support a promise to pay money, see Smith v. Steely, 80 Iowa, 738 , 45 N. W. 912 ; Meech v. Lee, 82 Mich. 274 , 46 N. W. 383 ; 9 Cyc.

11911–1911
Teutonia Loan & Building Co. v. Turrell neutral
indctapp · 1898
2 sentences

1907Co. v. Turrell, 19 Ind. App. 469 , 49 N. E. 852 , 65 Am.

1907Co. v. Turrell, 19 Ind. App. 469 , 49 N. E. 852 , 65 Am.

11907–1907

Where else courts name it

CA 1189 (1887–2026) NJ 771 (1903–2026) TX 340 (1881–2026) NY 321 (1827–2026) PA 296 (1885–2026) AL 278 (1888–2026) MI 263 (1899–2026) WA 200 (1893–2026) IL 182 (1892–2026) OH 176 (1889–2026) NC 171 (1881–2026) IN 149 (1860–2026) TN 135 (1940–2025) MD 122 (1870–2023) VA 107 (1796–2026) IA 103 (1865–2026) WI 102 (1903–2025) FL 101 (1939–2025) LA 99 (1907–2025) GA 88 (1903–2021) MS 84 (1879–2025) MO 75 (1884–2023) NM 54 (1891–2025) KY 53 (1878–2026) CT 47 (1902–2024) WV 46 (1883–2025) MA 46 (1860–2025) ME 44 (1878–2023) AR 41 (1897–2024) OK 41 (1908–2014) AZ 37 (1935–2026) CO 37 (1896–2025) MN 35 (1901–2025) NV 34 (1936–2024) SC 32 (1907–2026) DC 31 (1976–2025) OR 30 (1901–2026) MT 29 (1901–2022) KS 26 (1918–2026) UT 25 (1897–2026) NH 23 (1860–2025) ID 21 (1912–2024) NE 21 (1882–2026) ND 19 (1907–2012) DE 19 (1947–2026) AK 16 (1971–2025) VT 16 (1849–2026) RI 15 (1977–2021) HI 13 (1972–2023) SD 13 (1928–2023) WY 11 (1943–2026) VI 4 (2009–2024) GU 2 (2023–2025)

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