exercise privilege (District of Columbia) · Go Syfert
← District of Columbia issues

exercise privilege in District of Columbia

11 District of Columbia opinions name it 1 courts 1975–2008 0 in the last five years

The cases below were cited by District of Columbia 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 (11)

CaseFollowedCited
International Shoe Co. v. Washingtongreen
scotus · 1945 · cited in 3 District of Columbia opinions naming this issue, 1975–1985
2 sentences

1976The exercise of that privilege may give rise to obligations; and, so far as those obligations arise out of or are connected with the activities within the state, a procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue. [ 326 U.S. at 319 , 66 S.Ct. at 160 , 90 L.

1976The exercise of that privilege may give rise to obligations; and, so far as those obligations arise out of or are connected with the activities within the state, a procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue. [ 326 U.S. at 319 , 66 S.Ct. at 160 , 90 L.

13
Gould v. Stategreen
fla · 1930 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008Gould v. State of Florida, 99 Fla. 662 , 127 So. 309, 311 (1930) (emphasis added). 2 .

2008Gould v. State of Florida, 99 Fla. 662 , 127 So. 309, 311 (1930) (emphasis added). 2 .

11
Littlejohn v. United Statesgreen
dc · 1997 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., Littlejohn v. United States, 705 A.2d 1077, 1082-83 (D.C.1997). 7 .

11
Lyons v. United Statesgreen
dc · 1996 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999The government fittingly responds that he has no standing to assert that right, see, e.g., Lyons v. United States, 683 A.2d 1080, 1084 (D.C.1996), and argues that in any event the judge correctly tested the witness’s exercise of the privilege on a question by question basis.

11
Hueschen v. Staliegreen
nm · 1982 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
2 sentences

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

11
Tate v. Woodgreen
wva · 1982 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
2 sentences

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

11
Ottman, Trustees v. Albert Co.green
pa · 1937 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
2 sentences

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

11
United States v. J. Marshall Browngreen
ca5 · 1981 · cited in 1 District of Columbia opinions naming this issue, 1993–1993
1 sentence

1993See also United States v. Brown, 634 F.2d 819, 824 (5th Cir.1981) (en banc) (“[I]n some cases, a privilege or rule of evidence must give way to the defendant’s Sixth Amendment rights”). 3 The question before us, then, is whether in the circumstances of this case appellant’s right to confront Carter with an alleged inconsistent statement should have prevailed over Carter’s assertion of the attorney-client privilege.

11
Salazar v. Stategreen
alaska · 1976 · cited in 1 District of Columbia opinions naming this issue, 1993–1993
1 sentence

1993State and lower federal courts have recognized that a criminal accused’s right to confront the evidence and cross-examine witnesses against him may supplant a common law privilege. “[W]hen conflict is found between the constitutional right of confrontation and the exercise of a privilege based on public policy, the constitutional right must control.” Salazar v. State, 559 P.2d 66, 78 (Alaska 1976) (Sixth Amendment right overrides the marital privilege).

11
Beasley v. United Statesgreen
dc · 1986 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991Cf. Beasley v. United States, 512 A.2d 1007, 1016 (D.C.1986) (promises of leniency insufficient to "overbear [suspect’s] free will”), cert. denied, 482 U.S. 907 , 107 S.Ct. 2485 , 96 L.Ed.2d 377 (1987); United States v. Guerrero, 847 F.2d 1363 (9th Cir.1988) (speculation that cooperation will have positive effect and promise to inform prosecutor of cooperation and recommend leniency does not render statement involuntary).

11
National Labor Relations Board v. Majestic Weaving Co., Inc., Local 815, International Brotherhood of Teamsters, Intervenorgreen
ca2 · 1966 · cited in 1 District of Columbia opinions naming this issue, 1987–1987
1 sentence

1987Because an administrative agency usually has “ ‘the ability to make new law prospectively through the exercise of its rule-making powers, it has less reason [than a court] to rely upon ad hoc adjudication to formulate new standards of conduct.’ ” National Labor Relations Bd. v. Majestic Weaving Co., 355 F.2d 854, 860 (2d Cir.1966) (quoting Securities & Exchange Comm’n v. Chenery Corp., 332 U.S. 194, 202 , 67 S.Ct. 1575, 1580 , 91 L.Ed. 1995 (1947)).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Boyd v. District of Columbia Department of Human Servicesgreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 1987–1987
1 sentence

1987But see Boyd, 524 A.2d at 747 (department takes position it lacks general rulemaking authority).

11

Also cited on this issue (11)

CaseCitedYears
Securities & Exchange Commission v. Chenery Corp. green
scotus · 1947
2 sentences

1989The Board’s new interpretation, which may well upset a long practice of cash discounts, suggests the wisdom of the Supreme Court’s observation (adapted slightly to this ease) in Securities Exchange Commission v. Chenery Corp., 332 U.S. 194, 202 , 67 S.Ct. 1575, 1580 , 91 L.Ed. 1995 (1947): Since the [Board], unlike the court, [has] the ability to make new law prospectively through the exercise of its rule-making powers, it has less reason to rely upon ad hoc adjudication to formulate new standards of conduct within the framework of the [D.C.

1989The Board’s new interpretation, which may well upset a long practice of cash discounts, suggests the wisdom of the Supreme Court’s observation (adapted slightly to this ease) in Securities Exchange Commission v. Chenery Corp., 332 U.S. 194, 202 , 67 S.Ct. 1575, 1580 , 91 L.Ed. 1995 (1947): Since the [Board], unlike the court, [has] the ability to make new law prospectively through the exercise of its rule-making powers, it has less reason to rely upon ad hoc adjudication to formulate new standards of conduct within the framework of the [D.C.

21987–1989
Quigley v. Capolongo green
nyappdiv · 1976
2 sentences

1994In particular, appellants cite Quigley v. Capolongo, 53 A.D.2d 714 , 383 N.Y.S.2d 935 (1976), aff'd sub nom., Quigley v. Ithaca College, 43 N.Y.2d 748 , 401 N.Y.S.2d 1009 , 372 N.E.2d 797 (1977) for the proposition that, despite the denomination given by the parties, an option to purchase is a “sale” and triggers tenants’ rights to purchase.

1994In particular, appellants cite Quigley v. Capolongo, 53 A.D.2d 714 , 383 N.Y.S.2d 935 (1976), aff'd sub nom., Quigley v. Ithaca College, 43 N.Y.2d 748 , 401 N.Y.S.2d 1009 , 372 N.E.2d 797 (1977) for the proposition that, despite the denomination given by the parties, an option to purchase is a “sale” and triggers tenants’ rights to purchase.

11994–1994
Quigley v. Capolongo green
ny · 1977
1 sentence

1994In particular, appellants cite Quigley v. Capolongo, 53 A.D.2d 714 , 383 N.Y.S.2d 935 (1976), aff'd sub nom., Quigley v. Ithaca College, 43 N.Y.2d 748 , 401 N.Y.S.2d 1009 , 372 N.E.2d 797 (1977) for the proposition that, despite the denomination given by the parties, an option to purchase is a “sale” and triggers tenants’ rights to purchase.

11994–1994
Bielinski v. Merrill Lynch, Pierce, Fenner & Smith Inc. neutral
ny · 1977
1 sentence

1994In particular, appellants cite Quigley v. Capolongo, 53 A.D.2d 714 , 383 N.Y.S.2d 935 (1976), aff'd sub nom., Quigley v. Ithaca College, 43 N.Y.2d 748 , 401 N.Y.S.2d 1009 , 372 N.E.2d 797 (1977) for the proposition that, despite the denomination given by the parties, an option to purchase is a “sale” and triggers tenants’ rights to purchase.

11994–1994
Coppola Bros. Excavation Corp. v. M. Melnick & Co. neutral
ny · 1977
1 sentence

1994In particular, appellants cite Quigley v. Capolongo, 53 A.D.2d 714 , 383 N.Y.S.2d 935 (1976), aff'd sub nom., Quigley v. Ithaca College, 43 N.Y.2d 748 , 401 N.Y.S.2d 1009 , 372 N.E.2d 797 (1977) for the proposition that, despite the denomination given by the parties, an option to purchase is a “sale” and triggers tenants’ rights to purchase.

11994–1994
Detwiler v. Capone green
pa · 1947
2 sentences

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

1994At best, it is but 'a right of election in the party securing the same to exercise a privilege,’ and only when that privilege has been exercised by acceptance does it become a contract to sell") (emphasis supplied) (citation omitted); Tate v. Wood, 169 W.Va. 584 , 289 S.E.2d 432, 434 (1982) ("An option to purchase is not a sale nor an agreement to sell: it becomes an executory contract only when properly accepted within the stipulated time ") (emphasis supplied); Hueschen v. Stalie, 98 N.M. 696 , 652 P.2d 246, 248 (1982) ("A lease with an option to purchase real estate creates no estate in the

11994–1994
Minnesota v. Murphy green
scotus · 1984
2 sentences

1991Therefore, they form “no reasonable basis for concluding that [the government] attempted to attach an impermissible penalty to the exercise of the privilege against self-incrimination.” Minnesota v. Murphy, 465 U.S. 420, 437 , 104 S.Ct. 1136, 1148 , 79 L.Ed.2d 409 (1984). 8 .

1991Therefore, they form “no reasonable basis for concluding that [the government] attempted to attach an impermissible penalty to the exercise of the privilege against self-incrimination.” Minnesota v. Murphy, 465 U.S. 420, 437 , 104 S.Ct. 1136, 1148 , 79 L.Ed.2d 409 (1984). 8 .

11991–1991
United States v. Danny Leon Guerrero green
ca9 · 1988
1 sentence

1991Cf. Beasley v. United States, 512 A.2d 1007, 1016 (D.C.1986) (promises of leniency insufficient to "overbear [suspect’s] free will”), cert. denied, 482 U.S. 907 , 107 S.Ct. 2485 , 96 L.Ed.2d 377 (1987); United States v. Guerrero, 847 F.2d 1363 (9th Cir.1988) (speculation that cooperation will have positive effect and promise to inform prosecutor of cooperation and recommend leniency does not render statement involuntary).

11991–1991
Beasley v. United States green
scotus · 1987
1 sentence

1991Cf. Beasley v. United States, 512 A.2d 1007, 1016 (D.C.1986) (promises of leniency insufficient to "overbear [suspect’s] free will”), cert. denied, 482 U.S. 907 , 107 S.Ct. 2485 , 96 L.Ed.2d 377 (1987); United States v. Guerrero, 847 F.2d 1363 (9th Cir.1988) (speculation that cooperation will have positive effect and promise to inform prosecutor of cooperation and recommend leniency does not render statement involuntary).

11991–1991
Sweetman v. Township of Pennsauken green
scotus · 1987
1 sentence

1991Cf. Beasley v. United States, 512 A.2d 1007, 1016 (D.C.1986) (promises of leniency insufficient to "overbear [suspect’s] free will”), cert. denied, 482 U.S. 907 , 107 S.Ct. 2485 , 96 L.Ed.2d 377 (1987); United States v. Guerrero, 847 F.2d 1363 (9th Cir.1988) (speculation that cooperation will have positive effect and promise to inform prosecutor of cooperation and recommend leniency does not render statement involuntary).

11991–1991
Lefkowitz v. Cunningham green
scotus · 1977
2 sentences

1986Cf. Lefkowitz v. Cunningham, 431 U.S. 801 , 97 S.Ct. 2132 , 53 L.Ed.2d 1 (1977).

1986Cf. Lefkowitz v. Cunningham, 431 U.S. 801 , 97 S.Ct. 2132 , 53 L.Ed.2d 1 (1977).

11986–1986

Where else courts name it

CA 135 (1898–2026) NY 84 (1883–2025) PA 84 (1923–2026) IL 65 (1886–2025) TX 59 (1895–2023) NJ 56 (1903–2026) MA 47 (1881–2026) FL 43 (1940–2025) OH 39 (1927–2021) MD 38 (1954–2021) LA 34 (1917–2023) MI 33 (1921–2025) IN 32 (1896–2014) AL 29 (1887–2018) WI 28 (1932–2025) GA 28 (1903–2024) TN 26 (1918–2026) CT 24 (1920–2025) WA 24 (1920–2024) CO 23 (1909–2021) MO 20 (1905–2022) NC 17 (1912–2026) HI 16 (1909–2023) KS 15 (1895–2021) IA 14 (1904–2024) AZ 14 (1970–2019) MS 13 (1953–2018) OK 12 (1917–2012) KY 12 (1917–2025) DC 11 (1975–2008) OR 11 (1914–2021) RI 11 (1932–2011) AR 11 (1918–2010) UT 10 (1916–2015) AK 9 (1967–2024) WV 9 (1924–2022) NV 8 (1959–2015) MN 8 (1992–2016) ME 7 (1889–2025) WY 7 (1982–2020) SC 7 (1939–2014) SD 7 (1916–2007) ID 5 (2012–2021) ND 5 (1917–2015) VA 5 (1971–2011) NE 5 (1927–2000) NH 5 (1904–2019) MT 4 (1941–1987) NM 4 (1958–2021) VT 3 (1967–2019) DE 3 (1988–2024)

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.

← Caselaw search · G Cite Topics · Brief Check