idea rule (Michigan) · Go Syfert
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idea rule in Michigan

13 Michigan opinions name it 2 courts 1873–2018 0 in the last five years

The cases below were cited by Michigan 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 (3)

CaseFollowedCited
People v. Blevinsgreen
michctapp · 2016 · cited in 2 Michigan opinions naming this issue, 2018–2018
2 sentences

2018See Blevins, 314 Mich App at 356 .

2018See Blevins, 314 Mich App at 356 .

22
People v. Hawkinsgreen
michctapp · 2001 · cited in 3 Michigan opinions naming this issue, 2004–2016
2 sentences

2016The “fourth factor articulated in VanderVliet, which does not fully conform to the idea of a test expressed in the preceding three factors, suggests that a party may request a limiting instruction under MRE 105 if the trial court decides to admit the challenged evidence.” People v Hawkins, 245 Mich App 439, 448 ; 628 NW2d 105 (2001).

2016The “fourth factor articulated in VanderVliet, which does not fully conform to the idea of a test expressed in the preceding three factors, suggests that a party may request a limiting instruction under MRE 105 if the trial court decides to admit the challenged evidence.” People v Hawkins, 245 Mich App 439, 448 ; 628 NW2d 105 (2001).

13
People v. Stephensgreen
michctapp · 1978 · cited in 1 Michigan opinions naming this issue, 1981–1981
2 sentences

1981The dissent in Stephens clearly rejects the idea of such a defense, People v Stephens, supra, 255 (Beasley, P.J., dissenting).

1981Perkins, Criminal Law (2d ed), ch 6, § 3, pp 552-557. [3] For a more detailed discussion of the overt act requirement, see People v Bowen, supra , Hall, General Principles of Criminal Law (2d ed), pp 576-586, Model Penal Code (Tentative Draft No 10, 1960), § 5.01(1)(c), pp 39-48. [4] The dissent in Stephens clearly rejects the idea of such a defense, People v Stephens, supra, 255 (BEASLEY, P.J., dissenting).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Romer v. Evans green
scotus · 1996
2 sentences

2015As recognized in Romer, 517 US at 633 , “[c] entral both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.” It is for that reason that a law singling out a particular class and imposing hardships on that class “is itself a denial of equal protection of the laws in the most literal sense.” Id.

2015As recognized in Romer, 517 US at 633 , “[c] entral both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.” It is for that reason that a law singling out a particular class and imposing hardships on that class “is itself a denial of equal protection of the laws in the most literal sense.” Id.

22015–2015
Titan Insurance Company v. Hyten green
mich · 2012
2 sentences

2016Finally, in concluding that there was no support in the law for the easily-ascertainable-fraud rule, the Court considered—and rejected—the idea that the rule was “required for the protection of third parties.” Id. at 568 .

2016The Court explained that “there is simply no basis in the law to support the proposition that public policy requires a private business in these circumstances to maintain a source of funds for the benefit of a third party with whom it has no contractual relationship.” Id.

12016–2016
Braverman v. Granger green
michctapp · 2014
2 sentences

2014Nor will we extend a statute by implication to abrogate established rules of common law” Absent “a contrary expression by the Legislature, well-settled common-law principles are not to be abolished by implication ....” “Rather, the Legislature should speak in no uncertain terms when it exercises its authority to modify the common law.” [Braverman v Granger, 303 Mich App 587, 596-597 ; 844 NW2d 485 (2014) (citations omitted) (alterations in original.] Plaintiff had the ability to establish paternity during the pregnancy and also in the seven years following the child’s birth before defendant ma

2014Nor will we extend a statute by implication to abrogate established rules of common law” Absent “a contrary expression by the Legislature, well-settled common-law principles are not to be abolished by implication ....” “Rather, the Legislature should speak in no uncertain terms when it exercises its authority to modify the common law.” [Braverman v Granger, 303 Mich App 587, 596-597 ; 844 NW2d 485 (2014) (citations omitted) (alterations in original.] Plaintiff had the ability to establish paternity during the pregnancy and also in the seven years following the child’s birth before defendant ma

12014–2014
People v. VanderVliet green
mich · 1993
1 sentence

2001VanderVliet, supra at 75 .

12001–2001
Farmers' Loan & Trust Co. v. Maltby neutral
nychanct · 1840
1 sentence

1885Co. v. Maltby 8 Paige 361 , which was subsequent to Parkist v. Alexander, cited by him, shows that as against holders under the legal title the rule in that state does not differ from the rule-laid down by Chancellor Manning, which has never been questioned by any later decision, and has, I think, always been supposed to create a rule of property.

11885–1885
Butler v. Phelps neutral
nysupct · 1836
1 sentence

1873Wend., 221; Humbert v. Trinity Church, id., 587; and Butler v. Phelps, 17 Wend., 642 , are utterly inconsistent with the idea that the presumption is one of law to be drawn by the court.

11873–1873

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (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

MO 19 (1888–2020) TX 17 (1944–2022) MI 13 (1873–2018) CA 12 (1897–2025) WA 9 (1922–2015) NY 9 (1873–2019) TN 8 (1969–2026) VA 8 (1854–2023) ND 7 (1948–1999) NJ 7 (1911–2021) KY 7 (1884–2025) PA 7 (1979–2023) OR 6 (1976–2020) WI 6 (1916–2023) MN 5 (1929–1997) MD 5 (1989–2021) IL 5 (1916–2026) IN 5 (1972–2014) IA 4 (1918–2024) AR 4 (1931–2009) OH 4 (2000–2016) NC 4 (1904–2024) MS 4 (1989–2025) SC 3 (1966–2022) FL 3 (1934–1990) GA 3 (1926–1943) NE 3 (1899–1937) VT 3 (1908–2013) NM 3 (2013–2013) UT 3 (1951–2013) CO 2 (2008–2020) OK 2 (1994–2013) LA 2 (2014–2019) AL 2 (1909–1915) AK 2 (1985–2023)

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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