legislature intended doctrine in Wisconsin

14 Wisconsin opinions name it 2 courts 1881–2022 1 in the last five years

The cases below were cited by Wisconsin 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 (4)

Case	Followed	Cited
State v. Lindellgreen wis · 2001 · cited in 1 Wisconsin opinions naming this issue, 2022–2022 2 sentences 2022See State v. Lindell, 2001 WI 108, ¶80 , 245 Wis. 2d 689 , 629 N.W.2d 223 (“The legislature intended the doctrine of harmless error to apply to jury selection.” (citation omitted)); see also WIS. 2022See State v. Lindell, 2001 WI 108, ¶80 , 245 Wis. 2d 689 , 629 N.W.2d 223 (“The legislature intended the doctrine of harmless error to apply to jury selection.” (citation omitted)); see also WIS.	1	1
Wells v. Chicago & North Western Transportation Co.green wis · 1980 · cited in 1 Wisconsin opinions naming this issue, 2001–2001 1 sentence 2001Our goal, however, was to determine whether the legislature intended a violation of the statute "to entail civil liability." Id. at 569. ¶ 24.	1	1
Tatur v. Solsrudgreen wis · 1993 · cited in 1 Wisconsin opinions naming this issue, 1999–1999 2 sentences 1999See Tatur, 174 Wis. 2d at 743-44 ; Bennett, 118 Wis. 2d at 694 . 1999See Tatur, 174 Wis. 2d at 743-44 ; Bennett, 118 Wis. 2d at 694 .	1	1
Wells v. Chicago & North Western Transportation Co.green wisctapp · 1979 · cited in 1 Wisconsin opinions naming this issue, 1991–1991 2 sentences 1991Co., 91 Wis. 2d 565, 568-69 , 283 N.W.2d 471, 473 (Ct. App. 1979) (held that violation of sec. 195.29(6), Stats., which imposes a duty upon owners of land adjacent to grade crossing to keep brush cut, is not negligence per se because the statute contained no indication that the legislature intended a violation to entail civil liability). 1991Co., 91 Wis. 2d 565, 568-69 , 283 N.W.2d 471, 473 (Ct. App. 1979) (held that violation of sec. 195.29(6), Stats., which imposes a duty upon owners of land adjacent to grade crossing to keep brush cut, is not negligence per se because the statute contained no indication that the legislature intended a violation to entail civil liability).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
State v. James P. green wis · 2005 2 sentences 2020“While courts may sometimes read the word ‘includes’ as a term of limitation or enumeration under the doctrine of expressio unius est exclusio alterius, there must be some textual evidence that the legislature intended this doctrine to apply.” Id. 2018"The verb to include introduces examples, not an exhaustive list." Scalia & Garner , supra note 12, at 132; State v. James P. , 2005 WI 80 , ¶ 26, 281 Wis. 2d 685 , 698, 698 N.W.2d 95 , 102 (quoting Wis. Citizens Concerned for Cranes and Doves v. DNR , 2004 WI 40 , ¶ 17 n.11, 270 Wis. 2d 318 , 677 N.W.2d 612 ) (" 'Generally, the word "includes" is to be given an expansive meaning, indicating that which follows is but a part of the whole.' While courts may sometimes read the word 'includes' as a term of limitation or enumeration under the doctrine of expressio unius est exclusio alterius , ther	2	2018–2020
State v. Coble green wis · 1981 2 sentences 2003The legislature intended the doctrine of harmless error to apply to jury selection." Coble, 100 Wis. 2d at 210-11 . ¶ 72. 2003The legislature intended the doctrine of harmless error to apply to jury selection." Coble, 100 Wis. 2d at 210-11 . ¶ 72.	2	2001–2003
State v. Dyess green wis · 1985 2 sentences 2022STAT. § 805.18; State v. Dyess, 124 Wis. 2d 525, 547 , 370 N.W.2d 222 (1985) (applying § 805.18 to criminal cases). 2022STAT. § 805.18; State v. Dyess, 124 Wis. 2d 525, 547 , 370 N.W.2d 222 (1985) (applying § 805.18 to criminal cases).	1	2022–2022
Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Department of Natural Resources green wis · 2004 2 sentences 2018"The verb to include introduces examples, not an exhaustive list." Scalia & Garner , supra note 12, at 132; State v. James P. , 2005 WI 80 , ¶ 26, 281 Wis. 2d 685 , 698, 698 N.W.2d 95 , 102 (quoting Wis. Citizens Concerned for Cranes and Doves v. DNR , 2004 WI 40 , ¶ 17 n.11, 270 Wis. 2d 318 , 677 N.W.2d 612 ) (" 'Generally, the word "includes" is to be given an expansive meaning, indicating that which follows is but a part of the whole.' While courts may sometimes read the word 'includes' as a term of limitation or enumeration under the doctrine of expressio unius est exclusio alterius , ther 2018"The verb to include introduces examples, not an exhaustive list." Scalia & Garner , supra note 12, at 132; State v. James P. , 2005 WI 80 , ¶ 26, 281 Wis. 2d 685 , 698, 698 N.W.2d 95 , 102 (quoting Wis. Citizens Concerned for Cranes and Doves v. DNR , 2004 WI 40 , ¶ 17 n.11, 270 Wis. 2d 318 , 677 N.W.2d 612 ) (" 'Generally, the word "includes" is to be given an expansive meaning, indicating that which follows is but a part of the whole.' While courts may sometimes read the word 'includes' as a term of limitation or enumeration under the doctrine of expressio unius est exclusio alterius , ther	1	2018–2018
Britton v. State Department of Transportation green wisctapp · 1985 2 sentences 2004Examining Wis. Stat. § 29.001 as a whole, we believe the legislature intended the narrow meaning of "includes," such that the doctrine of expressio unius est exclusio alterius is applicable. 12 Wisconsin Stat. § 29.001(39) defines "game birds" as follows: " 'Game birds' includes wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers, ruffed grouse, prairie chicken, sharp-tailed grouse, pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail, crows and wild turkey." Wisconsin Stat. § 29.001(60) defines "nongame species" as follows: " ' 2004Examining Wis. Stat. § 29.001 as a whole, we believe the legislature intended the narrow meaning of "includes," such that the doctrine of expressio unius est exclusio alterius is applicable. 12 Wisconsin Stat. § 29.001(39) defines "game birds" as follows: " 'Game birds' includes wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers, ruffed grouse, prairie chicken, sharp-tailed grouse, pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail, crows and wild turkey." Wisconsin Stat. § 29.001(60) defines "nongame species" as follows: " '	1	2004–2004
Republic Airlines, Inc. v. Wisconsin Department of Revenue green wisctapp · 1990 2 sentences 2004Examining Wis. Stat. § 29.001 as a whole, we believe the legislature intended the narrow meaning of "includes," such that the doctrine of expressio unius est exclusio alterius is applicable. 12 Wisconsin Stat. § 29.001(39) defines "game birds" as follows: " 'Game birds' includes wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers, ruffed grouse, prairie chicken, sharp-tailed grouse, pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail, crows and wild turkey." Wisconsin Stat. § 29.001(60) defines "nongame species" as follows: " ' 2004Examining Wis. Stat. § 29.001 as a whole, we believe the legislature intended the narrow meaning of "includes," such that the doctrine of expressio unius est exclusio alterius is applicable. 12 Wisconsin Stat. § 29.001(39) defines "game birds" as follows: " 'Game birds' includes wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers, ruffed grouse, prairie chicken, sharp-tailed grouse, pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail, crows and wild turkey." Wisconsin Stat. § 29.001(60) defines "nongame species" as follows: " '	1	2004–2004
Bennett v. Larsen Co. green wis · 1984 2 sentences 1999See Tatur, 174 Wis. 2d at 743-44 ; Bennett, 118 Wis. 2d at 694 . 1999See Tatur, 174 Wis. 2d at 743-44 ; Bennett, 118 Wis. 2d at 694 .	1	1999–1999
Fortier v. Flambeau Plastics Co. green wisctapp · 1991 1 sentence 1997The court held that the statutes in question did not create a private right of action because they did not contain an expression of legislative intention to do so: "We infer from these provisions that the legislature intended that the violation of the DNR's solid waste disposal regulations is a public rather than a private wrong." Fortier, 164 Wis. 2d at 661 .	1	1997–1997
United States v. Armsbury green ord · 1976 2 sentences 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D. 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D.	1	1981–1981
United States v. Evans green ca5 · 1976 2 sentences 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D. 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D.	1	1981–1981
United States v. Harry Lloyd Davis green ca5 · 1977 2 sentences 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D. 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D.	1	1981–1981
Hondo Drilling Co. v. National Labor Relations Board green scotus · 1976 2 sentences 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D. 1981Cf. United States v. Davis, 546 F.2d 583 (5th Cir. 1977); United States v. Evans, 526 F.2d 701 (5th Cir. 1976), cert. denied 429 U.S. 818 (1976); United States v. Armsbury, 408 F. Supp. 1130 (D.	1	1981–1981
State Ex Rel. Gaynon v. Krueger neutral wis · 1966 2 sentences 1980That was so because at the time the statute was created it was generally recognized that statutes which did not designate a place of imprisonment created misdemeanors. 236 Id. at 615-16 , 143 N.W.2d at 440 . 1980That was so because at the time the statute was created it was generally recognized that statutes which did not designate a place of imprisonment created misdemeanors. 236 Id. at 615-16 , 143 N.W.2d at 440 .	1	1980–1980
State Ex Rel. Gebarski v. Circuit Court for Milwaukee County green wis · 1977 1 sentence 1979This court in the first Gebarski case at 80 Wis.2d 489 , 502 said: “Inasmuch as we have determined that a defendant may have a jury trial pursuant to sec. 917.17 (2), Stats., for re-examination of his mental condition, we deem it appropriate to make some observations in regard to the form of the verdict.	1	1979–1979
Hallett v. Thompson green nychanct · 1836 1 sentence 1881Hallett v. Thompson, 5 Paige, 583 .	1	1881–1881

Statutes the citing opinions construe

WI § Wis. Stat. § 802.08 (4) WI § Wis. Stat. § 805.18 (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 59 (1914–2026) TX 55 (1998–2024) IL 48 (1930–2025) OR 35 (1950–2025) NY 21 (1925–2018) MD 19 (1948–2024) MI 18 (1926–2025) PA 17 (1906–2023) NJ 16 (1952–2025) WI 14 (1881–2022) FL 13 (1982–2019) CT 13 (1985–2025) OH 12 (1880–2025) NM 10 (1912–2024) WY 9 (1990–2022) NH 9 (1985–2021) MO 7 (1982–2023) KS 7 (1940–2025) WA 7 (1947–2011) AZ 6 (1968–2013) CO 5 (1975–2021) IA 5 (1970–2019) AL 5 (1993–2011) MA 4 (1917–2010) SD 4 (1977–2017) ND 4 (1996–2012) AR 4 (2004–2024) TN 4 (2012–2026) IN 4 (1990–2013) OK 4 (1915–2004) SC 3 (1974–2026) MN 3 (1984–2004) WV 3 (1946–2008) VA 3 (2012–2012) LA 3 (1997–2014) VT 2 (1997–2024) AK 2 (2009–2023)

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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