unambiguous statute creates presumption (Illinois) · Go Syfert
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unambiguous statute creates presumption in Illinois

13 Illinois opinions name it 2 courts 1990–2013 0 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 (2)

CaseFollowedCited
State v. Mikuschgreen
ill · 1990 · cited in 11 Illinois opinions naming this issue, 1992–2013
2 sentences

2011"Generally, a material change in the language of an unambiguous statute creates a presumption *** 17 No. 1-09-2481 that the amendment was intended to change the law." Mikusch, 138 Ill. 2d at 252 .

2011“Generally, a material change in the language of an unambiguous statute creates a presumption *** that the amendment was intended to change the law.” Mikusch, 138 Ill. 2d at 252 .

611
People v. Woodardgreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013People v. Woodard, 175 Ill. 2d 435, 449 (1997).

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 (4)

CaseCitedYears
People v. Hare green
ill · 1988
2 sentences

1997See State of Illinois v. Mikusch, 138 Ill. 2d 242, 252 (1990); Hare, 119 Ill. 2d at 450-51 .

1997See State of Illinois v. Mikusch, 138 Ill.2d 242, 252 , 149 Ill.Dec. 704 , 562 N.E.2d 168 (1990); Hare, 119 Ill.2d at 450-51 , 116 Ill.Dec. 664 , 519 N.E.2d 879 .

31990–1997
Metropolitan Life Insurance Company v. Hamer green
ill · 2013
2 sentences

2013Metropolitan Life Insurance Co. v. Hamer, 2013 IL 114234, ¶ 25 ; State of Illinois v. Mikusch, 138 Ill. 2d 242, 252 (1990). ¶ 32 The recent amendments to the Act, effective August 17, 2012, now place the duty on the recipient of support to timely contact the employer for an explanation as to why support is not being withheld. 750 ILCS 28/45(j) (West 2012).

2013Metropolitan Life Insurance Co. v. Hamer, 2013 IL 114234, ¶ 25 ; State of Illinois v. Mikusch, 138 Ill. 2d 242, 252 (1990). ¶ 32 The recent amendments to the Act, effective August 17, 2012, now place the duty on the recipient of support to timely contact the employer for an explanation as to why support is not being withheld. 750 ILCS 28/45(j) (West 2012).

22013–2013
DeGrand v. Motors Ins. Corp. green
ill · 1992
2 sentences

2009One of the principles of statutory construction is that “ ‘a material change in the language of an unambiguous statute creates a presumption, although it can be rebutted by evidence of a contrary legislative intent, that the amendment was intended to change the law.’ ” DeGrand, 146 Ill. 2d at 526 , 588 N.E.2d at 1077 , quoting State of Illinois v. Mikusch, 138 Ill. 2d 242, 252 , 562 N.E.2d 168, 172 (1990).

2009One of the principles of statutory construction is that “ ‘a material change in the language of an unambiguous statute creates a presumption, although it can be rebutted by evidence of a contrary legislative intent, that the amendment was intended to change the law.’ ” DeGrand, 146 Ill. 2d at 526 , 588 N.E.2d at 1077 , quoting State of Illinois v. Mikusch, 138 Ill. 2d 242, 252 , 562 N.E.2d 168, 172 (1990).

21992–2009
Weast Construction Co. v. Industrial Commission green
ill · 1984
2 sentences

1992(Secretary of State v. Mikusch (1990), 138 Ill. 2d 242, 252 , 562 N.E.2d 168 ; Weast Construction Co. v. Industrial Comm’n (1984), 102 Ill. 2d 337, 340 , 466 N.E.2d 215 .) However, when the General Assembly amends a statute and no change is made in parts of it, the repeated portions, either literally or substantially, are regarded as a continuation of the existing law and not as the enactment of a new law upon the subject.

1992(Secretary of State v. Mikusch (1990), 138 Ill. 2d 242, 252 , 562 N.E.2d 168 ; Weast Construction Co. v. Industrial Comm’n (1984), 102 Ill. 2d 337, 340 , 466 N.E.2d 215 .) However, when the General Assembly amends a statute and no change is made in parts of it, the repeated portions, either literally or substantially, are regarded as a continuation of the existing law and not as the enactment of a new law upon the subject.

21990–1992

Statutes the citing opinions construe

USC § 42u.s.c.666 (3)

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.

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