explicit requirement (Alabama) · Go Syfert
← Alabama issues

explicit requirement in Alabama

15 Alabama opinions name it 3 courts 1861–2024 1 in the last five years

The cases below were cited by Alabama 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 (10)

CaseFollowedCited
Layne v. Garnergreen
ala · 1992 · cited in 6 Alabama opinions naming this issue, 1999–2006
2 sentences

2006In Layne v. Garner , this Court first undertook to announce an explicit standard for determining whether a contract or contractual provision is unconscionable: "`In addition to finding that one party was unsophisticated and/or uneducated, a court should ask (1) whether there was an absence of meaningful choice on one party's part, (2) whether the contractual terms are unreasonably favorable to one party, (3) whether there was unequal bargaining power among the parties, and (4) whether there were oppressive, one-sided, or patently unfair terms in the contract.' " 612 So.2d at 408 . `For ease of

2004In Layne v. Garner , this Court first undertook to announce an explicit standard for determining whether a contract or contractual provision is unconscionable: "In addition to finding that one party was unsophisticated and/or uneducated, a court should ask (1) whether there was an absence of meaningful choice on one party's part, (2) whether the contractual terms are unreasonably favorable to one party, (3) whether there was unequal bargaining power among the parties, and (4) whether there were oppressive, one-sided, or patently unfair terms in the contract." 612 So.2d at 408 .

36
Matter of Trust Created Under Agreementgreen
indctapp · 1984 · cited in 2 Alabama opinions naming this issue, 2008–2008
2 sentences

2008Finally, In re Trust Created Under Agreement Dated September 19, 1983, 469 N.E.2d 768, 772 (Ind.Ct.App.1984), involves the interpretation of Indiana's interstate forum non conveniens statute by the courts of that state, which require a showing that a "substantial injustice is likely to result" if a case is tried in that state.

2008Finally, In re Trust Created Under Agreement Dated September 19, 1983, 469 N.E.2d 768, 772 (Ind.Ct.App.1984), involves the interpretation of Indiana's interstate forum non conve-niens statute by the courts of that state, which require a showing that a "substantial injustice is likely to result” if a case is tried in that state.

22
Beagle v. Beaglegreen
fla · 1996 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002See also Brooks v. Parkerson, 265 Ga. 189, 194 , 454 S.E.2d 769, 773 (1995) (holding a grandparent-visitation statute unconstitutional because it did not contain a provision that the state may impose grandparent visitation over the parents' objections only on a showing that failing to do so would be harmful to the child); Beagle v. Beagle, 678 So.2d 1271, 1276 (Fla.1996) (acknowledging the argument that harm or detriment is always an element of a best-interests analysis, but electing to hold Florida's grandparent-visitation statute unconstitutional because of the absence of an explicit require

2002See also Brooks v. Parkerson, 265 Ga. 189, 194 , 454 S.E.2d 769, 773 (1995) (holding a grandparent-visitation statute unconstitutional because it did not contain a provision that the state may impose grandparent visitation over the parents’ objections only on a showing that failing to do so would be harmful to the child); Beagle v. Beagle, 678 So.2d 1271, 1276 (Fla.1996) (acknowledging the argument that harm or detriment is always an element of a best-interests analysis, but electing to hold Florida’s grandparent-visitation statute unconstitutional because of the absence of an explicit require

22
In Re Harrisgreen
cal · 2002 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California’s Constitution requires “grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent’s decision would be detrimental to the child”)(opinion superseded pending review by California Supreme Court, 115 Cal.Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be “in the best inter

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California’s Constitution requires “grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent’s decision would be detrimental to the child”)(opinion superseded pending review by California Supreme Court, 115 Cal.Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be “in the best inter

22
Hawk v. Hawkgreen
tenn · 1993 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California's Constitution requires "grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent's decision would be detrimental to the child")(opinion superseded pending review by California Supreme Court, 115 Cal. Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be "in the best inte

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California’s Constitution requires “grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent’s decision would be detrimental to the child”)(opinion superseded pending review by California Supreme Court, 115 Cal.Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be “in the best inter

22
Neal v. Leegreen
okla · 2000 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California's Constitution requires "grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent's decision would be detrimental to the child")(opinion superseded pending review by California Supreme Court, 115 Cal. Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be "in the best inte

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California’s Constitution requires “grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent’s decision would be detrimental to the child”)(opinion superseded pending review by California Supreme Court, 115 Cal.Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be “in the best inter

22
Brooks v. Parkersongreen
ga · 1995 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002See also Brooks v. Parkerson, 265 Ga. 189, 194 , 454 S.E.2d 769, 773 (1995) (holding a grandparent-visitation statute unconstitutional because it did not contain a provision that the state may impose grandparent visitation over the parents’ objections only on a showing that failing to do so would be harmful to the child); Beagle v. Beagle, 678 So.2d 1271, 1276 (Fla.1996) (acknowledging the argument that harm or detriment is always an element of a best-interests analysis, but electing to hold Florida’s grandparent-visitation statute unconstitutional because of the absence of an explicit require

2002See also Brooks v. Parkerson, 265 Ga. 189, 194 , 454 S.E.2d 769, 773 (1995) (holding a grandparent-visitation statute unconstitutional because it did not contain a provision that the state may impose grandparent visitation over the parents’ objections only on a showing that failing to do so would be harmful to the child); Beagle v. Beagle, 678 So.2d 1271, 1276 (Fla.1996) (acknowledging the argument that harm or detriment is always an element of a best-interests analysis, but electing to hold Florida’s grandparent-visitation statute unconstitutional because of the absence of an explicit require

22
American General Finance, Inc. v. Branchgreen
ala · 2001 · cited in 2 Alabama opinions naming this issue, 2002–2006
2 sentences

2002I understand that it is my responsibility to consult with my Human Resource director if I have any questions." Near the bottom of the form is a line reading: "Dispute Resolution Program Effective Date: January 1, 1998." In American General Finance v. Branch, supra , this Court stated: "`"Although Alabama law lacks an explicit standard for determining whether a contract or contractual provision is unconscionable, case law reveals that four factors are important in making this determination. "`"In addition to finding that one party was unsophisticated and/or uneducated, a court should ask (1) wh

2002I understand that it is my responsibility to consult with my Human Resource director if I have any questions." Near the bottom of the form is a line reading: "Dispute Resolution Program Effective Date: January 1, 1998." In American General Finance v. Branch, supra , this Court stated: "`"Although Alabama law lacks an explicit standard for determining whether a contract or contractual provision is unconscionable, case law reveals that four factors are important in making this determination. "`"In addition to finding that one party was unsophisticated and/or uneducated, a court should ask (1) wh

12
Harrington v. Daumgreen
orctapp · 2001 · cited in 1 Alabama opinions naming this issue, 2002–2002
1 sentence

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California's Constitution requires "grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent's decision would be detrimental to the child")(opinion superseded pending review by California Supreme Court, 115 Cal. Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be "in the best inte

11
People v. Brunnergreen
calctapp · 1973 · cited in 1 Alabama opinions naming this issue, 1982–1982
2 sentences

1982See People v. Brunner , 32 Cal.App.3d 908 , 108 Cal.Rptr. 501 (1973).

1982See People v. Brunner , 32 Cal.App.3d 908 , 108 Cal.Rptr. 501 (1973).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Herbst v. Sayre green
okla · 1998
2 sentences

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California's Constitution requires "grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent's decision would be detrimental to the child")(opinion superseded pending review by California Supreme Court, 115 Cal. Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be "in the best inte

2002See also In re Marriage of Harris, 112 Cal.Rptr.2d 127, 135, 142 (2001) (California’s Constitution requires “grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent’s decision would be detrimental to the child”)(opinion superseded pending review by California Supreme Court, 115 Cal.Rptr.2d 191 , 37 P.3d 379 (2002)); In re Herbst, 971 P.2d 395 (Okla.1998) (pre- Troxel holding that, although Oklahoma statute by its terms permitted a court to grant grandparent visitation merely if the court found it to be “in the best inter

22002–2002
Ex Parte Yancey green
ala · 2008
1 sentence

2024The plaintiffs argue that the defendants acted beyond their authority by violating certain provisions in the information guide related 3In Caldwell, 77 So. 3d at 569 , this Court held that a genuine issue of material fact existed as to whether a teacher had engaged in conduct that constituted an explicit violation of school-board policy, thus precluding a summary judgment, and, in Ex parte Yancey, 8 So. 3d at 307 , this Court held that a teacher's conduct was a "clear violation of the policy set forth in the student handbook, to which [the teacher was] bound." 13 SC-2023-0201 to the Alternativ

12024–2024
N.C. v. Caldwell green
ala · 2011
1 sentence

2024The plaintiffs argue that the defendants acted beyond their authority by violating certain provisions in the information guide related 3In Caldwell, 77 So. 3d at 569 , this Court held that a genuine issue of material fact existed as to whether a teacher had engaged in conduct that constituted an explicit violation of school-board policy, thus precluding a summary judgment, and, in Ex parte Yancey, 8 So. 3d at 307 , this Court held that a teacher's conduct was a "clear violation of the policy set forth in the student handbook, to which [the teacher was] bound." 13 SC-2023-0201 to the Alternativ

12024–2024
Wilson v. World Omni Leasing, Inc. green
ala · 1989
1 sentence

2001"Further, in Wilson v. World Omni Leasing, Inc., 540 So.2d 713 (Ala.1989), the Supreme Court observed: "`Comment (1) of the official comments to § 7-2-302 sets out the basic test to determine unconscionability: "`"[W]hether, in the light of the general commercial background and the commercial needs of the particular trade or case, the clauses involved are so one-sided as to be unconscionable under the circumstances existing at the time of the making of the contract....

12001–2001
Hume v. United States green
scotus · 1889
1 sentence

2000"In addition to finding that one party was unsophisticated and/or uneducated, a court should ask (1) whether there was an absence of meaningful choice on one party's part, (2) whether the contractual terms are unreasonably favorable to one party, (3) whether there was unequal bargaining power among the parties, and (4) whether there were oppressive, one-sided, or patently unfair terms in the contract." Id.

12000–2000
Odess v. Taylor green
ala · 1968
2 sentences

1990In Odess v. Taylor, 282 Ala. 389 , 211 So.2d 805 (1968), the Court addressed a noncompetition agreement between two doctors, Dr. Odess and Dr. Taylor.

1990In Odess v. Taylor, 282 Ala. 389 , 211 So.2d 805 (1968), the Court addressed a noncompetition agreement between two doctors, Dr. Odess and Dr. Taylor.

11990–1990
Sheppard v. Shelton green
ala · 1859
1 sentence

1861The decision in Sheppard v. Shelton, 34 Ala. 652 , was made upon the authority of Stallings v. Newman, our attention not having been called To the provision of the Code above stated; and we do not regard it as a correct statement of the law as it exists since the adoption of the Code. [3.] If there was any error in theadmission of the answer of the witness Jordan to the third direct interrogatory, it was cured by the subsequent withdrawal of that evidence from the jury, and the explicit instruction of the court to the jury, that they must not regard it as evidence, and must not look to it as e

11861–1861

Statutes the citing opinions construe

USC § 9u.s.c.2 (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 124 (1919–2026) IL 90 (1902–2026) TX 73 (1978–2026) NY 72 (1878–2026) PA 65 (1931–2025) IA 47 (1873–2024) WA 42 (1965–2026) CT 31 (1821–2026) MA 31 (1979–2026) OH 30 (1993–2025) NC 25 (1889–2026) MI 24 (1923–2026) DC 23 (1978–2019) TN 23 (1933–2026) AZ 22 (1956–2025) NJ 22 (1975–2024) FL 20 (1988–2022) NM 18 (1978–2026) MO 16 (1858–2024) WI 15 (1978–2020) IN 15 (1979–2019) AL 15 (1861–2024) MS 15 (1882–2024) KY 14 (1935–2025) LA 14 (1903–2018) MN 13 (1985–2025) MD 13 (1872–2013) VA 12 (1930–2026) CO 11 (1981–2014) OR 11 (1968–2023) DE 11 (1975–2026) NE 10 (1940–2026) UT 10 (2001–2025) GA 10 (1999–2025) OK 10 (1915–2025) VT 9 (1962–2014) HI 9 (1955–2026) AK 8 (1987–2024) MT 8 (2005–2025) KS 8 (2001–2024) ME 8 (1990–2025) NV 6 (1879–2022) SC 6 (1981–2016) SD 6 (1924–2014) AR 5 (1898–2009) ND 4 (1977–2018) NH 4 (1991–2025) ID 4 (1968–2024) WY 4 (1992–2012) WV 2 (1995–1996) VI 2 (1997–2003)

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