foundational principle (Pennsylvania) · Go Syfert
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foundational principle in Pennsylvania

18 Pennsylvania opinions name it 3 courts 2008–2025 8 in the last five years

The cases below were cited by Pennsylvania 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 (11)

CaseFollowedCited
Winston v. Mooregreen
ca3 · 1914 · cited in 3 Pennsylvania opinions naming this issue, 2019–2024
2 sentences

2024See Winston, 91 A. at 523 .

2019See Winston , 91 A. at 523 .

23
Jubelirer v. Rendellgreen
pa · 2008 · cited in 2 Pennsylvania opinions naming this issue, 2012–2012
2 sentences

2012Jubelirer v. Rendell, 598 Pa. 16 , 953 A.2d 514, 529 (2008). .

2012Jubelirer v. Rendell, 598 Pa. 16 , 953 A.2d 514, 529 (2008). .

22
Commonwealth v. Puksargreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Puksar, 951 A.2d 267, 280 (Pa. 2008) (reiterating that - 15 - J-A25026-24 Counsel’s arguments presented in support of a motion are not evidence).

11
Tooey v. AK Steel Corp.green
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Tooey, 81 A.3d at 860 .

11
Carter v. United States Steel Corp.green
pa · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021In support of his first issue, Appellant argues that the foundational principle of the jury system is “that every litigant who is entitled to a jury trial -4- J-A03017-19 is entitled to an impartial jury, free to the furthest extent practicable from extraneous influences that may subvert the fact-finding process.” Appellant’s Brief at 38 (quoting Carter by Carter v. U.S. Steel Corp., 604 A.2d 1010, 1015 (Pa. 1992)).

11
Commonwealth v. Smithgreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Smith, supra. Rather, Buchan merely sought to testify about what she knew other members of the community she was not a part of thought of Johnson’s reputation for truthfulness.

11
Riverview School District v. Riverview Education Ass'ngreen
pacommwct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017It is a foundational principle of arbitration that a court may not substitute its own judgment for that of the 2 We note that the District cites our decision in Riverview School District v. Riverview Education Association, 639 A.2d 974, 977 (Pa. Cmwlth. 1994), appeal denied, 655 A.2d 518 (Pa. 1995), for the proposition that a court may vacate an arbitrator’s award if the court determines that the award was “manifestly unreasonable.” Riverview Sch.

2017Dist., 639 A.2d at 977 .

11
Pittsburgh Railways Co. v. Port of Allegheny County Authoritygreen
pa · 1964 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010Co. v. Port of Allegheny County Auth., 415 Pa. 177, 185 , 202 A.2d 816, 820 (1964) (observing that "all acts of the legislature and of any governmental agency are subordinate to the Constitution, which is the Supreme Law of the land" (internal quotation marks omitted)), I would not deem any legislative policy objective discernible from Section 103 to be germane to whether Janssen has standing to assert that the hiring of Bailey Perrin pursuant to the present contingent-fee contract violated its rights under the state or federal charters.

2010Co. v. Port of Allegheny County Auth., 415 Pa. 177, 185 , 202 A.2d 816, 820 (1964) (observing that "all acts of the legislature and of any governmental agency are subordinate to the Constitution, which is the Supreme Law of the land" (internal quotation marks omitted)), I would not deem any legislative policy objective discernible from Section 103 to be germane to whether Janssen has standing to assert that the hiring of Bailey Perrin pursuant to the present contingent-fee contract violated its rights under the state or federal charters.

11
Sweeney v. Tuckergreen
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

11
Commonwealth v. Sterngreen
pa · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

11
Bailey v. Watersgreen
pa · 1932 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Arizona v. Fulminante green
scotus · 1991
1 sentence

2024The Pennsylvania District Attorneys Association also submitted an amicus brief supporting the Commonwealth’s view that the error in this matter was not structural because, unlike in the other cases relied on by the Superior Court in its decision in Taylor III discussed above, Taylor’s liberty was not directly affected by the error. [J-83-2022] - 19 protect against an unfair conviction but to protect “the foundational principle that a person should not face the cruel trilemma of self-accusation, perjury or contempt.” Id. at 20 (quoting Taylor III, slip op. at 17).

12024–2024
Lamp v. Heyman green
pa · 1976
1 sentence

2022Therefore, in Lamp v. Heyman, supra, the Pennsylvania Supreme Court decided 3 II to exercise its supervisory powers to curb this abuse, setting forth the foundational standard for service of original process on a Defendant once a writ or a complaint has been filed: [A] writ of summons shall remain effective to commence an action only if the plaintiff then refrains from a course of conduct which serves to stall in its tracks the legal machinery he has just set in motion.

12022–2022
Tehan v. United States Ex Rel. Shott green
scotus · 1965
1 sentence

2021Shott, 382 U.S. 406 , 414 n.12 (1966).

12021–2021
Olmstead v. United States red
scotus · 1928
1 sentence

2019REV. 193 (1890) (discussing the “right to be let alone” as a foundational principle of American jurisprudence). [J-86-2018] - 29 However, the Court has recognized “only limited circumstances in which the usual rule does not apply.” Id.

12019–2019
School District of Philadelphia v. Commonwealth Association of School Administrators, Teamsters Local 502 green
pacommwct · 2017
1 sentence

2018"It is a foundational principle of arbitration that a court may not substitute its own judgment for that of the arbitrator." School District of Philadelphia v. Commonwealth Association of School Administrators, Teamsters Local 502 , 160 A.3d 928 , 933 (Pa. Cmwlth. 2017).

12018–2018
K.J. v. Pennsylvania Department of Public Welfare green
pacommwct · 2001
1 sentence

2011K.J. v. Department of Public Welfare, 767 A.2d 609 (Pa.Cmwlth.), petition for allowance of appeal denied, 567 Pa. 750 , 788 A.2d 381 (2001).

12011–2011
Commonwealth v. Mockaitis green
pa · 2003
1 sentence

2008Although “[t]he dividing lines among the three branches are sometimes indistinct and are probably incapable of any precise definition,” Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698, 705 (1977) (internal quotation marks omitted), the principle of separation of powers forbids any branch from exercising the functions exclusively committed to another branch, Mockaitis, 834 A.2d at 499 ; Commonwealth v. Stern, 549 Pa. 505 , 701 A.2d 568, 570 (1997); Sweeney, 375 A.2d at 705 ; Bailey v. Waters, 308 Pa. 309 , 162 A. 819, 821 (1932).

12008–2008

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 726 (3) PA § 42 Pa. Cons. Stat. § 761 (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

CA 112 (1959–2026) IL 77 (1983–2026) NM 38 (1983–2024) ND 32 (1974–2019) MO 29 (1989–2025) IN 28 (1982–2023) MI 21 (1983–2025) NY 21 (1986–2025) MA 20 (1986–2025) TX 20 (2006–2026) IA 19 (1978–2025) NC 19 (1968–2026) WI 18 (2004–2026) NJ 18 (1987–2026) PA 18 (2008–2025) OH 17 (1985–2025) OR 17 (2001–2025) ID 15 (1986–2024) MN 15 (2003–2026) WA 15 (1991–2025) NE 14 (1966–2025) CO 13 (1990–2025) UT 12 (1978–2026) HI 12 (1978–2021) AZ 11 (1984–2026) FL 10 (2003–2025) GA 9 (1994–2023) DC 9 (1996–2023) MT 8 (1986–2025) OK 7 (1987–2020) MD 7 (1987–2025) DE 7 (2010–2025) ME 6 (1978–2020) KS 6 (1982–2024) KY 6 (2014–2025) VA 6 (1999–2026) TN 5 (2005–2019) CT 5 (1999–2017) RI 5 (2005–2022) WY 3 (1982–2014) MS 3 (2014–2023) SC 3 (1991–2020) WV 3 (1999–2025) AK 3 (1989–2019) AR 2 (2005–2017) AL 2 (1999–2023) VT 2 (1996–2018)

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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