controlling legal principle in South Carolina

15 South Carolina opinions name it 2 courts 1972–2025 3 in the last five years

The cases below were cited by South Carolina 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 (7)

Case	Followed	Cited
Fairchild v. South Carolina Department of Transportationgreen sc · 2012 · cited in 3 South Carolina opinions naming this issue, 2023–2025 2 sentences 2025Dep't of Transp., 398 S.C. 90, 104 , 727 S.E.2d 407, 414 (2012) ("Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error." (quoting Ross v. Paddy, 340 S.C. 428, 437 , 532 S.E.2d 612, 617 (Ct. App. 2000))); id. ("To warrant reversal, the refusal to give a requested jury charge must be both erroneous and prejudicial."). 2025Dep't of Transp., 398 S.C. 90, 104 , 727 S.E.2d 407, 414 (2012) ("Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error." (quoting Ross v. Paddy, 340 S.C. 428, 437 , 532 S.E.2d 612, 617 (Ct. App. 2000))); id. ("To warrant reversal, the refusal to give a requested jury charge must be both erroneous and prejudicial.").	3	3
Baker v. Weavergreen scctapp · 1983 · cited in 4 South Carolina opinions naming this issue, 1984–1997 2 sentences 1986The appellants finally argue that the trial judge erred by not instructing the jury regarding “sudden peril.” Citing Baker v. Weaver, 279 S. C. 479, 309 S. E. (2d) 770 (Ct. App. 1983) they argue that the trial judge’s refusal to charge the jury concerning “a controlling legal principle” amounts to reversible error. 1986“Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error.” Baker v. Weaver, 279 S. C. 479, 482, 309 S. E. (2d) 770, 772 (1983).	2	4
Ross v. Paddygreen scctapp · 2000 · cited in 3 South Carolina opinions naming this issue, 2012–2025 2 sentences 2025Dep't of Transp., 398 S.C. 90, 104 , 727 S.E.2d 407, 414 (2012) ("Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error." (quoting Ross v. Paddy, 340 S.C. 428, 437 , 532 S.E.2d 612, 617 (Ct. App. 2000))); id. ("To warrant reversal, the refusal to give a requested jury charge must be both erroneous and prejudicial."). 2025Dep't of Transp., 398 S.C. 90, 104 , 727 S.E.2d 407, 414 (2012) ("Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error." (quoting Ross v. Paddy, 340 S.C. 428, 437 , 532 S.E.2d 612, 617 (Ct. App. 2000))); id. ("To warrant reversal, the refusal to give a requested jury charge must be both erroneous and prejudicial.").	2	3
Koutsogiannis v. BB & Tgreen sc · 2005 · cited in 2 South Carolina opinions naming this issue, 2006–2007 2 sentences 2006"Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error." Koutsogiannis v. BB&T, 365 S.C. 145, 149 , 616 S.E.2d 425, 427-28 (2005). 2006"Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error." Koutsogiannis v. BB&T, 365 S.C. 145, 149 , 616 S.E.2d 425, 427-28 (2005).	2	2
Brown v. Smallsgreen scctapp · 1997 · cited in 2 South Carolina opinions naming this issue, 2000–2007 2 sentences 2007We disagree. When instructing the jury, the trial court is required to charge only the current and correct law of South Carolina. Cohens v. Atkins , 333 S.C. 345, 349 , 509 S.E.2d 286, 289 (Ct. App. 1998). When a request to charge is timely made and involves a controlling legal principle, a refusal by the trial court to charge the request constitutes reversible error. Brown v. Smalls , 325 S.C. 547, 555 , 481 S.E.2d 444, 448 (Ct. App. 1997). 2007We disagree. When instructing the jury, the trial court is required to charge only the current and correct law of South Carolina. Cohens v. Atkins , 333 S.C. 345, 349 , 509 S.E.2d 286, 289 (Ct. App. 1998). When a request to charge is timely made and involves a controlling legal principle, a refusal by the trial court to charge the request constitutes reversible error. Brown v. Smalls , 325 S.C. 547, 555 , 481 S.E.2d 444, 448 (Ct. App. 1997).	1	2
Cohens v. Atkinsgreen scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 2007–2007 2 sentences 2007We disagree. When instructing the jury, the trial court is required to charge only the current and correct law of South Carolina. Cohens v. Atkins , 333 S.C. 345, 349 , 509 S.E.2d 286, 289 (Ct. App. 1998). When a request to charge is timely made and involves a controlling legal principle, a refusal by the trial court to charge the request constitutes reversible error. Brown v. Smalls , 325 S.C. 547, 555 , 481 S.E.2d 444, 448 (Ct. App. 1997). 2007We disagree. When instructing the jury, the trial court is required to charge only the current and correct law of South Carolina. Cohens v. Atkins , 333 S.C. 345, 349 , 509 S.E.2d 286, 289 (Ct. App. 1998). When a request to charge is timely made and involves a controlling legal principle, a refusal by the trial court to charge the request constitutes reversible error. Brown v. Smalls , 325 S.C. 547, 555 , 481 S.E.2d 444, 448 (Ct. App. 1997).	1	1
Daves v. Clearygreen scctapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2006–2006 2 sentences 2006Daves v. Cleary, 355 S.C. 216, 224 , 584 S.E.2d 423, 427 (Ct.App.2003). ‘Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error.” Koutsogiannis v. BB&T, 365 S.C. 145, 149 , 616 S.E.2d 425, 427-28 (2005). 2006Daves v. Cleary, 355 S.C. 216, 224 , 584 S.E.2d 423, 427 (Ct.App.2003). ‘Where a request to charge is timely made and involves a controlling legal principle, a refusal by the trial judge to charge the request constitutes reversible error.” Koutsogiannis v. BB&T, 365 S.C. 145, 149 , 616 S.E.2d 425, 427-28 (2005).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
Eaddy v. Jackson Beauty Supply Co. green sc · 1964 2 sentences 2005Eaddy v. Jackson Beauty Supply Co., 244 S.C. 256 , 136 S.E.2d 297 (1964). 2005Eaddy v. Jackson Beauty Supply Co., 244 S.C. 256 , 136 S.E.2d 297 (1964).	3	1983–2005
City of Gaffney v. Putnam green · 1941 1 sentence 1972The controlling legal principle is thus stated in City of Gaffney v. Putnam, 197 S. C. 237, 15 S. E. (2d) 130 : In view of the fact that peace and good order forbid that individuals shall right their own wrongs, we have announced the rule in numerous cases that in the absence of statute, mere words, no matter how abusive, insulting, vexatious or threatening they may be, will not justify an assault and battery, unless accompanied by an actual offer of physical violence. . . .	1	1972–1972

Where else courts name it

CO 28 (1990–2025) CT 24 (1978–2021) MS 23 (1994–2023) PA 19 (1913–2024) DC 16 (1988–2023) MI 15 (1942–2025) SC 15 (1972–2025) FL 12 (1958–2026) CA 12 (1987–2024) GA 11 (1985–2020) MN 9 (1998–2015) WA 8 (2002–2026) MD 6 (1987–2015) TX 6 (1982–2023) OH 5 (1956–2024) NE 4 (1947–2004) NM 3 (2020–2022) NY 3 (1945–2025) DE 3 (1975–2018) UT 3 (2019–2024) VA 3 (1933–2009) NJ 3 (1951–1994) KS 2 (2020–2026) OR 2 (2008–2010)

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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