form instruction (Illinois) · Go Syfert
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form instruction in Illinois

108 Illinois opinions name it 2 courts 1878–2025 6 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 (11)

CaseFollowedCited
People v. Curtisgreen
illappct · 1994 · cited in 7 Illinois opinions naming this issue, 1997–2003
2 sentences

2003People v. Curtis, 262 Ill.

2003People v. Curtis , 262 Ill.

57
People v. Garvingreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge.

2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge.

22
People v. Wigginsgreen
illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge.

2017See Garvin, 219 Ill. 2d at 125 ; Wiggins, 2016 IL App (1st) 153163, ¶¶ 75, 87 . ¶ 90 So we begin with the as-applied challenge.

22
Gagnon v. Scarpellired
scotus · 1973 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See Gagnon, 411 U.S. at 786 , 36 L.

2005See Gagnon, 411 U.S. at 786 , 36 L.

22
Fraider v. Hannahgreen
illappct · 1949 · cited in 2 Illinois opinions naming this issue, 1951–1954
2 sentences

1954See discussion in Fraider v. Hannah, 338 Ill.

1951See discussion in Fraider v. Hannah, 338 Ill.

22
Kedzie and 103rd Currency Exchange, Inc. v. Hodgegreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003By filing a motion to dismiss under section 2-619(a)(9) of the Code of Civil Procedure, the defendants acknowledged that the plaintiffs have a viable tort claim (see Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill.2d 112, 115 , 189 Ill.Dec. 31 , 619 N.E.2d 732 (1993)), but they also contended that "other affirmative matter" in the form of a defense under section 2-201 of the Act defeats the claim because their park-planning decisions were discretionary.

2003By filing a motion to dismiss under section 2 — 619(a)(9) of the Code of Civil Procedure, the defendants acknowledged that the plaintiffs have a viable tort claim (see Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 115 (1993)), but they also contended that “other affirmative matter” in the form of a defense under section 2 — 201 of the Act defeats the claim because their park-planning decisions were discretionary.

12
Medtronic, Inc. v. Lohrgreen
scotus · 1996 · cited in 2 Illinois opinions naming this issue, 1998–1998
2 sentences

1998Medtronic, 518 U.S. at 504-05 , 135 L.

1998Medtronic, 518 U.S. at 504-05 , 135 L.

12
Hayes v. State Teacher Certification Boardgreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Hayes v. State Teacher Certification Board, 359 Ill.

11
People v. Schmidtgreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Trial courts must use the form of the rule in place at the time of trial (see People v. Schmidt, 392 Ill.

2020App. 3d 689, 710 , 924 N.E.2d 998, 1017 (2009)) and may not deviate in any way from the precise language therein.

11
McMillian v. McLanegreen
illappct · 1949 · cited in 1 Illinois opinions naming this issue, 1954–1954
11
Metropolitan Safety Fund Accident Ass'n v. Windovergreen
· 1891 · cited in 1 Illinois opinions naming this issue, 1940–1940
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 (69)

CaseCitedYears
Ralston v. Plogger green
illappct · 1985
2 sentences

1991A trial court has considerable discretion in determining the form of an instruction (Ralston v. Plogger (1985), 132 Ill.

1989“Generally, the trial court has considerable discretion in determining the form in which an instruction shall be given. [Citation.] An instruction is justified if it is supported by some evidence in the record, and the trial court has discretion in deciding which issues have been raised by the evidence.” (Ralston v. Plogger (1985), 132 Ill.

51986–1991
La Salle National Bank v. City of Chicago green
illappct · 1985
2 sentences

1992App. 3d 607 , 478 N.E.2d 417 .) While the trial court has considerable discretion in determining the form of the instruction to be given, the instructions given must be supported by some evidence in the record, they must correctly state the law, and they must not overemphasize any particular matter.

1991App. 3d 607 , 478 N.E.2d 417 .) While the trial court has considerable discretion in determining the form of the instruction to be given, the instructions given must be supported by some evidence in the record, they must correctly state the law, and they must not overemphasize any particular matter.

31988–1992
Molloy v. Chicago Rapid Transit Co. neutral
ill · 1929
2 sentences

1945Wolczek v. Public Service Co., 342 Ill. 482 ; Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 .” Defendant’s instruction Ho. 4 and 13 should not have been given.

1944Both instructions should have been refused.” In Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 , the court again criticized an instruction permitting recovery iipon evidence preponderating “although but slightly,” and said (172): “This part of the instruction has also been criticized on many occasions.

31938–1945
Marshall v. The County of Cook green
illappct · 2016
2 sentences

2018Defendants reiterate that plaintiffs have an adequate remedy in the form of a claim for restitution. *137 ¶ 46 In Marshall , 2016 IL App (1st) 142864 , ¶ 4, 401 Ill.Dec. 834 , 51 N.E.3d 27 , the plaintiff asserted that he paid statutory filings fees under different provisions of the Clerks of Courts Act-section 27.3a (to establish record keeping systems) and section 27.3c (for document storage systems) ( 705 ILCS 105/27.3a, 27.3c (West 2012))-in addition to a fee under section 5-1103 ( 55 ILCS 5/5-1103 (West 2012) ) (to defray costs of court security), but the county allegedly refused to use t

2018Defendants reiterate that plaintiffs have an adequate remedy in the form of a claim for restitution. *137 ¶ 46 In Marshall , 2016 IL App (1st) 142864 , ¶ 4, 401 Ill.Dec. 834 , 51 N.E.3d 27 , the plaintiff asserted that he paid statutory filings fees under different provisions of the Clerks of Courts Act-section 27.3a (to establish record keeping systems) and section 27.3c (for document storage systems) ( 705 ILCS 105/27.3a, 27.3c (West 2012))-in addition to a fee under section 5-1103 ( 55 ILCS 5/5-1103 (West 2012) ) (to defray costs of court security), but the county allegedly refused to use t

22018–2018
Malley v. Briggs green
scotus · 1986
2 sentences

2002Malley, 475 U.S. at 339-46 , 89 L.

2002Malley, 475 U.S. at 339-46 , 89 L.

22002–2002
People v. Beck green
illappct · 1998
2 sentences

2000People v. Beck, 295 Ill.

2000People v. Beck , 295 Ill.

22000–2000
Clark v. Rogers green
illappct · 1985
2 sentences

1999This form of the doctrine is generally referred to as ‘primary’ assumption of the risk.” Clark, 137 Ill.

1999This form of the doctrine is generally referred to as 'primary' assumption of the risk." Clark , 137 Ill.

21999–1999
Ramos v. Pankaj green
illappct · 1990
2 sentences

1992(Ramos v. Pankaj (1990), 203 Ill.

1991(Ramos v. Pankaj (1990), 203 Ill.

21991–1992
Schmidt v. Blackwell green
illappct · 1973
2 sentences

1976(Schmidt v. Blackwell (1973), 15 Ill.

1975(Schmidt v. Blackwell, 15 Ill.App.3d 190 .) Moreover, each party is entitled to have the jury instructed on its theory of the case, provided there is evidence in the testimony to support such theory.

21975–1976
Wolczek v. Public Service Co. green
ill · 1930
2 sentences

1945Wolczek v. Public Service Co., 342 Ill. 482 ; Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 .” Defendant’s instruction Ho. 4 and 13 should not have been given.

1938Wolczek v. Public Service Co., 342 Ill. 482 ; Molloy v. Chicago Rapid Transit Co., 335 Ill. 164 .

21938–1945
Krieger v. Aurora, Elgin & Chicago Railroad green
ill · 1909
2 sentences

1937(Krieger v. Aurora, Elgin & Chicago Railroad Co., 242 Ill. 544 ; Laughlin v. Hopkinson, 292 id. 80.) But appellant is in no position to urge the question in this case, for the reason that the same error is found in many instructions given at the request of the defendants below.

1922(Krieger v. Aurora, Elgin and Chicago Railroad Co. 242 Ill. 544 ; Laughlin v. Hopkinson, 292 id. 80.) But appellant is in no position to urge the question in this case, for the reason that the same error is found in many instructions given at the request of the defendants below.

21922–1937
City of Freeport v. Isbell green
ill · 1876
2 sentences

1902(City of Freeport v. Isbell, 83 Ill. 440 ; Chicago, Rock Island and Pacific Railroad Co. v. Austin, 69 id. 426.) * * * The instruction was erroneous in not confining the jury to the evidence in considering their verdict.” To our minds there is no objection whatever to an instruction for the plaintiff in an action at law because it refers to the amount sued for or limits the right of recovery to the amount claimed in the declaration, unless there is something in the instruction which tends to lead the jury to understand that they ought, to or may allow the full amount so claimed, and we can per

1898(City of Freeport v. Isbell, 83 Ill. 440 ; Chicago, Rock Island and Pacific Railroad Co. v. Austin, 69 id. 426.) In the latter case, where an instruction concluded, “the jury should give the plaintiff such damages as they, under their oaths, can say will be a fair compensation for said injury, not exceeding, however, the sum of §10,000, the amount claimed in the plaintiff’s declaration,” this court said: “The law required the jury to determine the liability of the defendant from the evidence, and from that alone, and an instruction which would permit them to enter into an open field of investi

21898–1902
Waldron v. Marcier neutral
ill · 1876
2 sentences

1901Keightlinger v. Egan, 65 Ill. 235 ; Waldron v. Marcier, 82 Ill. 550 ; I.

1889App. 152 , Keightlinger v. Egan, 65 Ill. 238 , and Waldon v. Mercier, 82 Ill. 550 , this form of instruction was condemned and held erroneous, because it was liable to give the jury too much latitude in the assessment of damages.

21889–1901
Indiana v. Edwards green
scotus · 2008
1 sentence

2025The issue is whether defendant’s request to waive counsel should have been denied based on his mental infirmities. ¶ 58 In Indiana v. Edwards, 554 U.S. 164 (2008), the United States Supreme Court considered whether there was a “mental-illness-related limitation on the scope” of the right of self- representation.

12025–2025
People v. Florzak green
illappct · 2024
1 sentence

2024Neither section 5.2(d)(2) of the Act nor the supreme court’s approved form - 12 - 2024 IL App (2d) 230196 mention affidavits, and the form provides no instruction for appending any additional information other than additional arrests or cases.

12024–2024
People v. Kelly green
illappct · 2012
1 sentence

2023Kelly, 2012 IL App (1st) 101521, ¶ 40 .

12023–2023
People v. Purnell green
illappct · 1984
1 sentence

2022Purnell, 126 Ill.

12022–2022
United States v. Branden Pete green
ca9 · 2016
1 sentence

2021But [the defendant] did identify the issues he hoped the neuropsychologist would address—mitigating evidence in the form of an analysis of [the defendant’s] development and maturity since the offenses, as well as the impact incarceration had had on him.” Id. at 1133 . - 32 - 2021 IL App (2d) 180037-U The Ninth Circuit went on to find that the denial of the expert witness funding prejudiced the defendant.

12021–2021
People v. Moore green
illappct · 1990
1 sentence

1994App. 3d 747, 773-74 , 557 N.E.2d 537, 555 .) Absent a clear abuse of discretion, a trial court’s determination of the form in which an instruction is given will not be disturbed on review.

11994–1994
People v. Leaks green
illappct · 1989
1 sentence

1994People v. Leaks (1989), 179 Ill.

11994–1994
Friedman v. Park District of Highland Park green
illappct · 1986
1 sentence

1993(Friedman v. Park District (1986), 151 Ill.

11993–1993
Davis v. Marathon Oil Co. green
ill · 1976
11992–1992
In Re Marriage of Theis neutral
illappct · 1984
11992–1992
Stout v. Phoenix Assurance Co. of London neutral
njch · 1904
11990–1990
Loitz v. Remington Arms Co. green
illappct · 1988
11990–1990
In Re Marriage of Albiani green
illappct · 1987
11990–1990
Berner v. Kielnik green
illappct · 1983
11988–1988
Newcomm v. Jul green
illappct · 1971
11988–1988
Nelson v. Araiza green
ill · 1978
11987–1987
Harris v. Day green
illappct · 1983
11986–1986
Agrico Chemical Corp. v. Forreston Fertilizer Co. neutral
illappct · 1975
11985–1985
Burge v. Morton green
illappct · 1981
11985–1985
Bertrang v. State green
wis · 1971
11984–1984
Hazelwood v. Illinois Central Gulf Railroad green
illappct · 1983
11983–1983
Ostendorf v. Brewer green
illappct · 1977
11983–1983
Nerone v. Boehler green
illappct · 1976
11983–1983
Board of Education of School District No. 150 v. City of Peoria green
illappct · 1977
11980–1980
Sweeney v. Matthews green
illappct · 1968
11979–1979
Mazarredo v. Levine green
nyappdiv · 1948
11978–1978
People v. Marshall green
illappct · 1975
11977–1977

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

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 259 (1858–2025) IL 108 (1878–2025) MO 93 (1886–2025) TX 87 (1880–2026) KY 73 (1922–2025) PA 67 (1892–2026) NY 66 (1867–2024) FL 48 (1925–2020) IN 44 (1917–2025) WA 34 (1915–2019) NJ 34 (1898–2025) MA 31 (1923–2025) NC 31 (1903–2021) AL 31 (1859–2015) MS 28 (1923–2019) LA 28 (1904–2024) AZ 27 (1903–2023) OH 26 (1856–2024) MI 26 (1877–2025) MD 25 (1920–2023) OR 25 (1912–2023) IA 25 (1904–2026) NM 24 (1906–2025) CT 20 (1931–2022) WI 19 (1925–2025) AR 19 (1908–2025) ID 17 (1892–2025) SD 17 (1921–2024) CO 16 (1964–2025) WV 15 (1893–2024) TN 15 (1896–2024) GA 14 (1904–2026) KS 13 (1903–2010) DC 13 (1971–2020) VT 13 (1975–2026) OK 11 (1912–2011) NV 11 (1914–2022) VA 10 (1912–2019) WY 9 (1929–2008) NE 9 (1909–1996) DE 9 (1952–2024) MN 8 (1932–2014) ND 7 (1927–2025) MT 6 (1887–1986) UT 6 (1969–2020) HI 5 (1969–2016) ME 5 (1972–2021) AK 5 (1992–2016) SC 3 (1904–1953) RI 2 (1903–1997)

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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