16 Montana opinions name it 1 courts 1979–2026 2 in the last five years
The cases below were cited by Montana 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.
| Case | Followed | Cited |
|---|---|---|
State v. Mattgreen2 sentences2010Consequently, while observing that “the four element rule of Just was proper under the facts of that case,” id. at 141, 814 P.2d at 55 , we modified the rule’s third substantive criterion to “incorporate! ] the various purposes described in Rule 404(b), and therefore eliminate! ] the limitation that evidence is admissible only if it shows a common scheme, plan or system,” id. at 142 , 814 P.2d at 56 . 2010Consequently, while observing that “the four element rule of Just was proper under the facts of that case,” id. at 141, 814 P.2d at 55 , we modified the rule’s third substantive criterion to “incorporate! ] the various purposes described in Rule 404(b), and therefore eliminate! ] the limitation that evidence is admissible only if it shows a common scheme, plan or system,” id. at 142 , 814 P.2d at 56 . | 2 | 2 |
M.H. Ex Rel. M.H. v. Montana High School Ass'ngreen2 sentences2022We stated repeatedly that an applicant for a preliminary injunction must establish either “a prima facie case” or “irreparable injury.” See M.H., 280 Mont. at 129, 136 , 21 929 P.2d at 243, 247 . 2022We stated repeatedly that an applicant for a preliminary injunction must establish either “a prima facie case” or “irreparable injury.” See M.H., 280 Mont. at 129, 136 , 21 929 P.2d at 243, 247 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Just
green
2 sentences2010On appeal, Just challenged the introduction of this evidence, which prompted this Court to articulate “a four element test to determine the admissibility of evidence of other crimes or acts [in] criminal prosecutions such as the one here.” Id. at 268-69 , 602 P.2d at 961 . 2010On appeal, Just challenged the introduction of this evidence, which prompted this Court to articulate “a four element test to determine the admissibility of evidence of other crimes or acts [in] criminal prosecutions such as the one here.” Id. at 268-69 , 602 P.2d at 961 . | 9 | 1980–2026 |
State v. Jensen
green
2 sentences1991While the four element rule of Just was proper under the facts of that case, and also was appropriate under the facts of State v. Jensen (1969), 153 Mont. 233 , 455 P.2d 631 , application of the Just Rule has resulted in an apparent narrowing of the purposes listed in Rule 404(b). 1991While the four element rule of Just was proper under the facts of that case, and also was appropriate under the facts of State v. Jensen (1969), 153 Mont. 233 , 455 P.2d 631 , application of the Just Rule has resulted in an apparent narrowing of the purposes listed in Rule 404(b). | 3 | 1979–1991 |
McDaniel v. State
green
2 sentences2016In substantively considering whether the issues are the same in the former and present actions, we do not equate an issue with “elements of a cause of action.” Rather, “the bar that arises from collateral estoppel extends to all questions essential to the judgment and actively determined by a prior valid judgment.” McDaniel v. State, 2009 MT 159, ¶ 33 , 350 Mont. 422 , 208 P.3d 817 . ¶17 We apply a four-element test to determine whether relitigation of an issue is barred: 1. 2016In substantively considering whether the issues are the same in the former and present actions, we do not equate an issue with “elements of a cause of action.” Rather, “the bar that arises from collateral estoppel extends to all questions essential to the judgment and actively determined by a prior valid judgment.” McDaniel v. State, 2009 MT 159, ¶ 33 , 350 Mont. 422 , 208 P.3d 817 . ¶17 We apply a four-element test to determine whether relitigation of an issue is barred: 1. | 2 | 2016–2016 |
Van Loan v. Van Loan
green
2 sentences2022We therefore adopted a four-element test from federal case law for a limited purpose: “to determine whether a preliminary injunction should issue when a party’s monetary judgment may be made ineffectual by actions of the adverse party thereby irreparably injuring the applicant.” Van Loan, 271 Mont. at 182 , 895 P.2d at 617-18 . 2022We therefore adopted a four-element test from federal case law for a limited purpose: “to determine whether a preliminary injunction should issue when a party’s monetary judgment may be made ineffectual by actions of the adverse party thereby irreparably injuring the applicant.” Van Loan, 271 Mont. at 182 , 895 P.2d at 617-18 . | 1 | 2022–2022 |
Baertsch v. County of Lewis and Clark
green
2 sentences1991Baertsch v. County of Lewis and Clark (1986), 223 Mont. 206 at 209-210 , 727 P.2d 504 at 506 . 1991Baertsch v. County of Lewis and Clark (1986), 223 Mont. 206 at 209-210 , 727 P.2d 504 at 506 . | 1 | 1991–1991 |
State v. Brown
neutral
2 sentences1991As an example, State v. Brown (1990), 242 Mont. 506 , 791 P.2d 1384 , 47 St.Rep. 935 , applied the third element of the Just Rule in reaching a conclusion that the prosecution failed to establish a common scheme, plan or system. 1991As an example, State v. Brown (1990), 242 Mont. 506 , 791 P.2d 1384 , 47 St.Rep. 935 , applied the third element of the Just Rule in reaching a conclusion that the prosecution failed to establish a common scheme, plan or system. | 1 | 1991–1991 |
Wehle v. Koch
neutral
1 sentence1991As an example, State v. Brown (1990), 242 Mont. 506 , 791 P.2d 1384 , 47 St.Rep. 935 , applied the third element of the Just Rule in reaching a conclusion that the prosecution failed to establish a common scheme, plan or system. | 1 | 1991–1991 |
State Ex Rel. Sullivan v. School District No. 1
green
2 sentences1986Sullivan v. School District (1935), 100 Mont. 468, 472 , 50 P.2d 252, 253 . 1986Sullivan v. School District (1935), 100 Mont. 468, 472 , 50 P.2d 252, 253 . | 1 | 1986–1986 |
State v. Case
green
1 sentence1982This four-element test has been followed and applied in State v. Wurtz (1981), Mont., 636 P.2d 246 , 38 St.Rep. 1808 ; State v. Brubaker (1981), Mont., 625 P.2d 78 , 38 St.Rep. 432 ; and State v. Case (1980), Mont., 621 P.2d 1066 , 37 St.Rep. 2057 . | 1 | 1982–1982 |
State v. Brubaker
green
1 sentence1982This four-element test has been followed and applied in State v. Wurtz (1981), Mont., 636 P.2d 246 , 38 St.Rep. 1808 ; State v. Brubaker (1981), Mont., 625 P.2d 78 , 38 St.Rep. 432 ; and State v. Case (1980), Mont., 621 P.2d 1066 , 37 St.Rep. 2057 . | 1 | 1982–1982 |
State v. Wurtz
green
1 sentence1982This four-element test has been followed and applied in State v. Wurtz (1981), Mont., 636 P.2d 246 , 38 St.Rep. 1808 ; State v. Brubaker (1981), Mont., 625 P.2d 78 , 38 St.Rep. 432 ; and State v. Case (1980), Mont., 621 P.2d 1066 , 37 St.Rep. 2057 . | 1 | 1982–1982 |
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.
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.