created exception (Illinois) · Go Syfert
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created exception in Illinois

16 Illinois opinions name it 2 courts 1982–2020 0 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 (4)

CaseFollowedCited
Curatola v. Village of Nilesgreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Curatola, 154 Ill. 2d at 213, 216 ; Di Domenico, 171 Ill.

2014Curatola, 154 Ill. 2d at 213, 216 ; Di Domenico, 171 Ill.

22
People v. Pitsonbargergreen
ill · 2002 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See Pitsonbarger, 205 Ill. 2d at 459 .

2006See Pitsonbarger, 205 Ill. 2d at 459 .

22
The People v. Sprinklegreen
ill · 1963 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Rather, citing People v. Sprinkle, 27 Ill. 2d 398, 400-03 (1963), he argues that, because it was the trial court’s burden to provide correct instructions and the court created the error, he did not forfeit the issue by failing to object.

11
Rahn v. Beurskensgreen
illappct · 1966 · cited in 1 Illinois opinions naming this issue, 1989–1989
1 sentence

1989See Rahn v. Beurskens (1966), 66 Ill.

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 (9)

CaseCitedYears
People v. Powell green
illappct · 2012
2 sentences

2014Powell, 2012 IL App (1st) 102363, ¶¶ 11-17 .

2014Powell, 2012 IL App (1st) 102363, ¶¶ 11-17 .

32014–2014
Di Domenico v. Village of Romeoville green
illappct · 1988
2 sentences

2014Curatola, 154 Ill. 2d at 213, 216 ; Di Domenico, 171 Ill.

2014Curatola, 154 Ill. 2d at 213, 216 ; Di Domenico, 171 Ill.

22014–2014
People v. Shellstrom green
ill · 2005
2 sentences

2010If the court fails to do so, the pleading cannot be considered to have become a postconviction petition for purposes of applying to later pleadings the Act's restrictions on successive postconviction petitions." (Emphases added.) Shellstrom, 216 Ill. 2d at 57 . -5- Nos. 2--08--0683 & 2--08--0684 cons.

2010If the court fails to do so, the pleading cannot be considered to have become a postconviction petition for purposes of applying to later pleadings the Act’s restrictions on successive postconviction petitions.” (Emphases added.) Shellstrom, 216 Ill. 2d at 57 .

22010–2010
People v. Smith green
ill · 2008
2 sentences

2010Smith, 228 Ill. 2d at 105 .

2010Smith, 228 Ill. 2d at 105 .

22010–2010
Craig v. Peterson green
ill · 1968
2 sentences

1999But this reasoning simply does not apply with equal force to the situation before us where the initialling [ sic ] requirement, in the circumstances of this case, contributes not at all to the integrity of the election process: * * * it does not assist in separating the illegally cast from the legally cast ballots for there were no other paper ballots for public offices and there is no claim that these absentee ballots were altered, tampered with[,] or in any way improperly preserved * * *. *548 The net result of a mandatory application of the initialling [ sic ] requirement to the absentee ba

1999But this reasoning simply does not apply with equal force to the situation before us where the initialling [ sic ] requirement, in the circumstances of this case, contributes not at all to the integrity of the election process: * * * it does not assist in separating the illegally cast from the legally cast ballots for there were no other paper ballots for public offices and there is no claim that these absentee ballots were altered, tampered with[,] or in any way improperly preserved * * *. *548 The net result of a mandatory application of the initialling [ sic ] requirement to the absentee ba

11999–1999
Collins v. Reynard green
ill · 1992
2 sentences

1994In Collins v. Reynard (1992), 154 Ill.2d 48 , 180 Ill.Dec. 672 , 607 N.E.2d 1185 , this court created an exception to the general rule and held that a complaint for malpractice may be couched in either contract or tort and that recovery may be sought in the alternative.

1994In Collins v. Reynard (1992), 154 Ill. 2d 48 , this court created an exception to the general rule and held that a complaint for malpractice may be couched in either contract or tort and that recovery may be sought in the alternative.

11994–1994
Kahn v. James Burton Co. green
ill · 1955
2 sentences

1989In Kahn, an 11-year-old child was injured while playing on a lumber pile located on a vacant lot owned by a third party. ( 5 Ill. 2d at 616 .) In holding the defendant lumber company liable, the court acknowledged the general rule that a owner or person in possession or control of property is not under a duty to keep the premises safe as against trespassers. ( 5 Ill. 2d at 625 .) However, the court created an exception to that rule as applied to minors where the plaintiff shows that (1) the owner or person in possession of the property knows or has reason to know that minors frequent the premi

1989In Kahn, an 11-year-old child was injured while playing on a lumber pile located on a vacant lot owned by a third party. ( 5 Ill. 2d at 616 .) In holding the defendant lumber company liable, the court acknowledged the general rule that a owner or person in possession or control of property is not under a duty to keep the premises safe as against trespassers. ( 5 Ill. 2d at 625 .) However, the court created an exception to that rule as applied to minors where the plaintiff shows that (1) the owner or person in possession of the property knows or has reason to know that minors frequent the premi

11989–1989
Gerrity v. Beatty green
ill · 1978
2 sentences

1982The continued existence of this court created doctrine was recently recognized by the Illinois Supreme Court in Thomas v. Chicago Board of Education (1979), 77 Ill. 2d 165 , 395 N.E.2d 538 , and Gerrity v. Beatty (1978), 71 Ill. 2d 47 , 373 N.E.2d 1323 .

1982The continued existence of this court created doctrine was recently recognized by the Illinois Supreme Court in Thomas v. Chicago Board of Education (1979), 77 Ill. 2d 165 , 395 N.E.2d 538 , and Gerrity v. Beatty (1978), 71 Ill. 2d 47 , 373 N.E.2d 1323 .

11982–1982
Thomas v. Chicago Board of Education green
ill · 1979
2 sentences

1982The continued existence of this court created doctrine was recently recognized by the Illinois Supreme Court in Thomas v. Chicago Board of Education (1979), 77 Ill. 2d 165 , 395 N.E.2d 538 , and Gerrity v. Beatty (1978), 71 Ill. 2d 47 , 373 N.E.2d 1323 .

1982The continued existence of this court created doctrine was recently recognized by the Illinois Supreme Court in Thomas v. Chicago Board of Education (1979), 77 Ill. 2d 165 , 395 N.E.2d 538 , and Gerrity v. Beatty (1978), 71 Ill. 2d 47 , 373 N.E.2d 1323 .

11982–1982

Statutes the citing opinions construe

IL § 720 ILCS 5/2-8 (3) IL § 720 ILCS 5/24-1.1 (3) IL § 725 ILCS 5/111-3 (3) IL § 730 ILCS 5/5-4.5-10 (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

IL 16 (1982–2020) PA 16 (1977–2024) TX 12 (1978–2023) CA 9 (1980–2009) AL 8 (1952–2011) FL 8 (1984–2020) MI 7 (1902–2015) KS 7 (1994–2024) OH 7 (1988–2021) OR 6 (1933–2025) NY 6 (1921–2017) WA 6 (1995–2019) OK 6 (1990–2019) AR 6 (1984–2021) UT 5 (1985–2016) WI 5 (1971–2018) MD 5 (1983–2022) NJ 5 (1975–2019) CT 4 (1988–1994) MO 4 (1997–2025) HI 3 (1992–2008) GA 3 (1936–2010) LA 3 (1957–2018) IN 3 (1985–2015) MS 2 (1968–2015) CO 2 (1995–2014) VA 2 (1999–1999) MN 2 (1972–1985) NC 2 (1988–2010)

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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