14 Oregon opinions name it 2 courts 1947–2017 0 in the last five years
The cases below were cited by Oregon 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 |
|---|---|---|
Dika v. Department of Insurance & Financegreen2 sentences2015ORS 742.502(2)(b) (emphases added); see Dika v. Dept. of Ins. & Finance, 312 Or 106, 109 , 817 P2d 287 (1991) (“To construe the word ‘shall’ as anything other than mandatory would thwart the intention of the legislature!.]”); Webster’s Third New Int’l Dictionary 2085 (unabridged ed 2002) (defining “shall,” in part, as “used in laws, regulations, or directives to express what is mandatory”); Legislative Administration Committee, Form and Style Manual for Legislative Measures 10 (2014) (“To impose an obligation to act, use ‘shall.’”). 3 Thus, the statutory language demonstrates the legislature’s 2015ORS 742.502(2)(b) (emphases added); see Dika v. Dept. of Ins. & Finance, 312 Or 106, 109 , 817 P2d 287 (1991) (“To construe the word ‘shall’ as anything other than mandatory would thwart the intention of the legislature!.]”); Webster’s Third New Int’l Dictionary 2085 (unabridged ed 2002) (defining “shall,” in part, as “used in laws, regulations, or directives to express what is mandatory”); Legislative Administration Committee, Form and Style Manual for Legislative Measures 10 (2014) (“To impose an obligation to act, use ‘shall.’”). 3 Thus, the statutory language demonstrates the legislature’s | 1 | 1 |
Schenck v. . State Line Telephone Co.green2 sentences1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line 1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Zerbst
green
2 sentences1996Carnley v. Cochran, 369 US 506 , 82 S Ct 884 , 8 L Ed 2d 70 (1962); Johnson v. Zerbst, 304 US 458, 465 , 58 S Ct 1019 , 82 L Ed 1461, 1466 , 146 ALR 357 (1938); State v. Coli-man, 9 Or App 476 , 497 P2d 1233 (1972). 1996Carnley v. Cochran, 369 US 506 , 82 S Ct 884 , 8 L Ed 2d 70 (1962); Johnson v. Zerbst, 304 US 458, 465 , 58 S Ct 1019 , 82 L Ed 1461, 1466 , 146 ALR 357 (1938); State v. Coli-man, 9 Or App 476 , 497 P2d 1233 (1972). | 5 | 1972–1996 |
Carnley v. Cochran
green
2 sentences1996Carnley v. Cochran, 369 US 506 , 82 S Ct 884 , 8 L Ed 2d 70 (1962); Johnson v. Zerbst, 304 US 458, 465 , 58 S Ct 1019 , 82 L Ed 1461, 1466 , 146 ALR 357 (1938); State v. Coli-man, 9 Or App 476 , 497 P2d 1233 (1972). 1996Carnley v. Cochran, 369 US 506 , 82 S Ct 884 , 8 L Ed 2d 70 (1962); Johnson v. Zerbst, 304 US 458, 465 , 58 S Ct 1019 , 82 L Ed 1461, 1466 , 146 ALR 357 (1938); State v. Coli-man, 9 Or App 476 , 497 P2d 1233 (1972). | 5 | 1972–1996 |
State v. Collman
green
2 sentences1996Carnley v. Cochran, 369 US 506 , 82 S Ct 884 , 8 L Ed 2d 70 (1962); Johnson v. Zerbst, 304 US 458, 465 , 58 S Ct 1019 , 82 L Ed 1461, 1466 , 146 ALR 357 (1938); State v. Coli-man, 9 Or App 476 , 497 P2d 1233 (1972). 1996Carnley v. Cochran, 369 US 506 , 82 S Ct 884 , 8 L Ed 2d 70 (1962); Johnson v. Zerbst, 304 US 458, 465 , 58 S Ct 1019 , 82 L Ed 1461, 1466 , 146 ALR 357 (1938); State v. Coli-man, 9 Or App 476 , 497 P2d 1233 (1972). | 5 | 1972–1996 |
State v. Verna
green
2 sentences1991I am prepared to continue today.” In State v. Verna, 9 Or App 620, 626 , 498 P2d 793 (1972), we said: “Because the election to defend pro se necessarily involves a waiver of the right to counsel, it is incumbent upon the court to determine, by recorded colloquy, that the election or waiver is intelligent and competent. * * * At minimum, the court should determine whether defendant understands the nature of the charge, the elements of the offense and the punishments which may be exacted. 1991I am prepared to continue today.” In State v. Verna, 9 Or App 620, 626 , 498 P2d 793 (1972), we said: “Because the election to defend pro se necessarily involves a waiver of the right to counsel, it is incumbent upon the court to determine, by recorded colloquy, that the election or waiver is intelligent and competent. * * * At minimum, the court should determine whether defendant understands the nature of the charge, the elements of the offense and the punishments which may be exacted. | 5 | 1983–1991 |
Cook v. Corbett
green
2 sentences2017Under former ORS 251.025 (1967), renumbered as ORS 258.016 (1983), the court determined that a “material violation,” in the context of an election violation for making false statements in an advertisement, means “substantial,” as compared to “trivial” or “unimportant.” Cook v. Corbett, 251 Or 263, 271 , 446 P2d 179 (1968). 2017Under former ORS 251.025 (1967), renumbered as ORS 258.016 (1983), the court determined that a “material violation,” in the context of an election violation for making false statements in an advertisement, means “substantial,” as compared to “trivial” or “unimportant.” Cook v. Corbett, 251 Or 263, 271 , 446 P2d 179 (1968). | 1 | 2017–2017 |
State v. Cole
neutral
2 sentences1996State v. Cole, 135 Or App 643, 651 , 900 P2d 517 (1995). 3 As the Court of Appeals has stated: *35 “Because the election to defend pro se necessarily involves a waiver of the right to counsel, it is incumbent upon the court to determine, by recorded colloquy, that the election or waiver is intelligent and competent. 1996State v. Cole, 135 Or App 643, 651 , 900 P2d 517 (1995). 3 As the Court of Appeals has stated: *35 “Because the election to defend pro se necessarily involves a waiver of the right to counsel, it is incumbent upon the court to determine, by recorded colloquy, that the election or waiver is intelligent and competent. | 1 | 1996–1996 |
State v. Boswell
neutral
2 sentences1991In State v. Boswell, 92 Or App 652 , 760 P2d 276 , we reiterated the language in Verna : “Because the election to defend pro se necessarily involves a waiver of the right to counsel, it is incumbent upon *52 the court to determine, by recorded colloquy, that the election or waiver is intelligent and competent. 1991In State v. Boswell, 92 Or App 652 , 760 P2d 276 , we reiterated the language in Verna : “Because the election to defend pro se necessarily involves a waiver of the right to counsel, it is incumbent upon *52 the court to determine, by recorded colloquy, that the election or waiver is intelligent and competent. | 1 | 1991–1991 |
Ladd v. General Insurance Co.
green
2 sentences1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line 1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line | 1 | 1970–1970 |
Payne v. Griffin
neutral
2 sentences1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line 1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line | 1 | 1970–1970 |
Elliott v. Mosgrove
green
2 sentences1970Elliott v. Mosgrove, 162 Or. 507, 553 , 93 P.2d 1070 (1939). 1970Elliott v. Mosgrove, 162 Or. 507, 553 , 93 P.2d 1070 (1939). | 1 | 1970–1970 |
Fuller-Warren Co. v. Harter
green
2 sentences1947Fuller-Warren Company v. Harter, 110 Wis. 80 , 85 N. W. 698 , 53 L. 1947Fuller-Warren Company v. Harter, 110 Wis. 80 , 85 N. W. 698 , 53 L. | 1 | 1947–1947 |
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.