Illinois pattern jury instruction (Illinois) · Go Syfert
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Illinois pattern jury instruction in Illinois

13 Illinois opinions name it 2 courts 1984–2023 2 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 (8)

CaseFollowedCited
York v. Rush-Presbyterian-St. Luke's Medical Centergreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008Luke's Medical Center, 222 Ill. 2d 147, 204 (2006).

2008Luke’s Medical Center, 222 Ill. 2d 147, 204 (2006).

22
Hobart v. Shingreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006A trial court is required to use an Illinois pattern jury instruction when it is applicable in a civil case after giving due consideration to the facts and prevailing law, unless the court determines that the instruction does not accurately state the law. 177 Ill.2d R. 239(a); Hobart v. Shin, 185 Ill.2d 283, 294 , 235 Ill.Dec. 724 , 705 N.E.2d 907 (1998).

2006A trial court is required to use an Illinois pattern jury instruction when it is applicable in a civil case after giving due consideration to the facts and prevailing law, unless the court determines that the instruction does not accurately state the law. 177 Ill. 2d R. 239(a); Hobart v. Shin, 185 Ill. 2d 283, 294 (1998).

22
Schultz v. NORTHEAST ILL. REGIONAL COMMUTER RAILROAD CORP.green
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2021–2021
2 sentences

2021Corp., 201 Ill. 2d 260, 273 (2002), plaintiff contends that a trial court must use an Illinois Pattern Jury instruction when it is applicable.

2021Corp., 201 Ill. 2d 260, 273 (2002), plaintiff contends that a trial court must use an Illinois Pattern Jury instruction when it is applicable.

11
Davis v. Kraffgreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Illinois law recognizes “four essential elements a plaintiff must prove in a malpractice action based upon the doctrine of informed consent: ‘(1) the physician had a duty to disclose material risks; (2) he failed to disclose or inadequately disclosed those risks; (3) as a direct and proximate result of the failure to disclose, the patient consented to treatment she otherwise would not have consented to; and (4) plaintiff was injured by the proposed treatment.’ ” Davis v. Kraff, 405 Ill.

11
People v. Childsgreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Childs, 159 Ill. 2d at 229 (and cases cited therein). ¶ 55 Here, the jury was instructed with the Illinois Pattern Jury instruction regarding the affirmative defense of entrapment, which stated: “It is a defense to the charge made against the defendant that he was entrapped, that is, that for the purpose of obtaining evidence against the defendant, he was incited or induced by an agent of a public officer to commit an offense.

2020Childs, 159 Ill. 2d at 229 (and cases cited therein). ¶ 55 Here, the jury was instructed with the Illinois Pattern Jury instruction regarding the affirmative defense of entrapment, which stated: “It is a defense to the charge made against the defendant that he was entrapped, that is, that for the purpose of obtaining evidence against the defendant, he was incited or induced by an agent of a public officer to commit an offense.

11
Leonardi v. Loyola University of Chicagogreen
ill · 1995 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009Illinois Pattern Jury Instructions, No. 12.04, Notes on Use (3d ed. 1989); Leonardi, 168 Ill. 2d at 101-02 (instruction proper where there was some evidence of a nonparty’s involvement).

2009Illinois Pattern Jury Instructions, No. 12.04, Notes on Use (3d ed. 1989); Leonardi, 168 Ill. 2d at 101-02 (instruction proper where there was some evidence of a nonparty’s involvement).

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Illinois opinions naming this issue, 1998–1998
2 sentences

1998To establish ineffective assistance of counsel, defendant must show that defense counsel’s representation was “below an objective standard of reasonableness” and that defense counsel’s performance was “prejudicial to the defense.” Strickland v. Washington, 466 U.S. 668, 687-88, 692 , 80 L.

1998To establish ineffective assistance of counsel, defendant must show that defense counsel’s representation was “below an objective standard of reasonableness” and that defense counsel’s performance was “prejudicial to the defense.” Strickland v. Washington, 466 U.S. 668, 687-88, 692 , 80 L.

11
Gaines v. Townsendgreen
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 1998–1998
1 sentence

1998Gaines v. Townsend , 244 Ill.

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 (5)

CaseCitedYears
People v. Hostetter green
illappct · 2008
1 sentence

2023People v. Hostetter, 384 Ill.

12023–2023
Virginia v. Black green
scotus · 2003
2 sentences

2018The speaker need not actually intend to carry out the threat." See Black , 538 U.S. at 359 -60 , 123 S.Ct. 1536 ; Dye , 2015 IL App (4th) 130799 , ¶ 9, 394 Ill.Dec. 986 , 37 N.E.3d 465 .

2018The speaker need not actually intend to carry out the threat." See Black , 538 U.S. at 359 -60 , 123 S.Ct. 1536 ; Dye , 2015 IL App (4th) 130799 , ¶ 9, 394 Ill.Dec. 986 , 37 N.E.3d 465 .

12018–2018
People v. Dye green
illappct · 2015
2 sentences

2018The speaker need not actually intend to carry out the threat." See Black , 538 U.S. at 359 -60 , 123 S.Ct. 1536 ; Dye , 2015 IL App (4th) 130799 , ¶ 9, 394 Ill.Dec. 986 , 37 N.E.3d 465 .

2018The speaker need not actually intend to carry out the threat." See Black , 538 U.S. at 359 -60 , 123 S.Ct. 1536 ; Dye , 2015 IL App (4th) 130799 , ¶ 9, 394 Ill.Dec. 986 , 37 N.E.3d 465 .

12018–2018
In Re Estate of Casey green
illappct · 1987
2 sentences

1994However, it has been suggested that the term "clear and convincing evidence" be left undefined because its definition is likely to mislead and confuse the jury. ( Casey, 155 Ill.App.3d at 122 , 107 Ill.Dec. at 813 , 507 N.E.2d at 966 .) There is no Illinois Pattern Jury instruction which defines the "clear and convincing" standard and Illinois courts appear to have utilized as many definitions as there are attorneys to propose them.

1994However, it has been suggested that the term "clear and convincing evidence" be left undefined because its definition is likely to mislead and confuse the jury. ( Casey, 155 Ill.App.3d at 122 , 107 Ill.Dec. at 813 , 507 N.E.2d at 966 .) There is no Illinois Pattern Jury instruction which defines the "clear and convincing" standard and Illinois courts appear to have utilized as many definitions as there are attorneys to propose them.

11994–1994
Williams v. Brown Manufacturing Co. green
ill · 1970
2 sentences

1984(Williams v. Brown Manufacturing Co. (1970), 45 Ill. 2d 418, 430 , 261 N.E.2d 305 .) Specifically, the Illinois pattern jury instruction on assumption of risk pursuant to a contractual relationship requires proof that “the plaintiff knew these dangers [which caused the injury] existed and realized the possibility of injury from them or in the exercise of ordinary care would have known the dangers existed and realized the possibility of injury from them and entered into the [contract] voluntarily.” Illinois Pattern Jury Instructions, Civil, No. 13.01 (2d ed. 1971).

1984(Williams v. Brown Manufacturing Co. (1970), 45 Ill. 2d 418, 430 , 261 N.E.2d 305 .) Specifically, the Illinois pattern jury instruction on assumption of risk pursuant to a contractual relationship requires proof that “the plaintiff knew these dangers [which caused the injury] existed and realized the possibility of injury from them or in the exercise of ordinary care would have known the dangers existed and realized the possibility of injury from them and entered into the [contract] voluntarily.” Illinois Pattern Jury Instructions, Civil, No. 13.01 (2d ed. 1971).

11984–1984

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