wording instruction (District of Columbia) · Go Syfert
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wording instruction in District of Columbia

11 District of Columbia opinions name it 1 courts 1960–2025 1 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 (12)

CaseFollowedCited
Woods v. Sharkingreen
ohioctapp · 2022 · cited in 1 District of Columbia opinions naming this issue, 2025–2025
1 sentence

2025Carstensen v. Bd. of Trustees of Allen Twp., 2024-Ohio-870, ¶ 13 (6th Dist.), citing Woods v. Sharkin, 2022-Ohio-1949, ¶ 70 (8th Dist.); and Bresler v. Rock, 2018-Ohio-5138, ¶ 45 (10th Dist.). {¶ 48} This does not end our examination of count six, however, because Civ.R. 8(F) requires us to construe the complaint “to do substantial justice,” we must look at the wording of the claim (not just its heading) to see if it complies with the notice pleading standard of Civ.R. 8(A), and we can only dismiss count six under Civ.R. 12(B)(6) if there is no set of facts that would entitle Veller to the rel

11
Ogle v. Ohio Power Companygreen
ohioctapp · 2008 · cited in 1 District of Columbia opinions naming this issue, 2025–2025
1 sentence

2025Crosby v. Beam, 47 Ohio St.3d 105, 110 (1989), quoting Staff Note, Civ.R. 8(F) (“The rule ‘. . . emphasizes the fact that pleadings shall be construed liberally . . . .’” (Ellipses in original.)); Ogle v. Ohio Power Co., 2008-Ohio-7042, ¶ 9 (4th Dist.) (“The object [of notice pleading] is . . . simply to see whether the plaintiffs’ wording provides 25. the defendants with notice of the claim and the opportunity to defend it.”); Kramer, 2007- Ohio-7099, at ¶ 13 (6th Dist.) (“[T]he labels used in a particular cause of action do not control the nature of the cause of action.”); McKinley, 2011-Ohi

11
Crosby v. Beamgreen
ohio · 1989 · cited in 1 District of Columbia opinions naming this issue, 2025–2025
1 sentence

2025Crosby v. Beam, 47 Ohio St.3d 105, 110 (1989), quoting Staff Note, Civ.R. 8(F) (“The rule ‘. . . emphasizes the fact that pleadings shall be construed liberally . . . .’” (Ellipses in original.)); Ogle v. Ohio Power Co., 2008-Ohio-7042, ¶ 9 (4th Dist.) (“The object [of notice pleading] is . . . simply to see whether the plaintiffs’ wording provides 25. the defendants with notice of the claim and the opportunity to defend it.”); Kramer, 2007- Ohio-7099, at ¶ 13 (6th Dist.) (“[T]he labels used in a particular cause of action do not control the nature of the cause of action.”); McKinley, 2011-Ohi

11
Bresler v. Rockgreen
ohioctapp · 2018 · cited in 1 District of Columbia opinions naming this issue, 2025–2025
1 sentence

2025Carstensen v. Bd. of Trustees of Allen Twp., 2024-Ohio-870, ¶ 13 (6th Dist.), citing Woods v. Sharkin, 2022-Ohio-1949, ¶ 70 (8th Dist.); and Bresler v. Rock, 2018-Ohio-5138, ¶ 45 (10th Dist.). {¶ 48} This does not end our examination of count six, however, because Civ.R. 8(F) requires us to construe the complaint “to do substantial justice,” we must look at the wording of the claim (not just its heading) to see if it complies with the notice pleading standard of Civ.R. 8(A), and we can only dismiss count six under Civ.R. 12(B)(6) if there is no set of facts that would entitle Veller to the rel

11
Carstensen v. Allen Twp. Bd. of Trusteesgreen
ohioctapp · 2024 · cited in 1 District of Columbia opinions naming this issue, 2025–2025
1 sentence

2025Carstensen v. Bd. of Trustees of Allen Twp., 2024-Ohio-870, ¶ 13 (6th Dist.), citing Woods v. Sharkin, 2022-Ohio-1949, ¶ 70 (8th Dist.); and Bresler v. Rock, 2018-Ohio-5138, ¶ 45 (10th Dist.). {¶ 48} This does not end our examination of count six, however, because Civ.R. 8(F) requires us to construe the complaint “to do substantial justice,” we must look at the wording of the claim (not just its heading) to see if it complies with the notice pleading standard of Civ.R. 8(A), and we can only dismiss count six under Civ.R. 12(B)(6) if there is no set of facts that would entitle Veller to the rel

11
Kidd v. United Statesgreen
dc · 2007 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015See Kidd v. United States, 940 A.2d 118, 128 (D.C.2007) (on plain-error review, incorrect jury instruction was not reversible error because there was no reasonable probability that it had a prejudicial impact on the outcome of the trial).' Y.

11
United States v. Walter J. Connell, Jr.green
ca9 · 1989 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
2 sentences

2015The warning must be clear and not susceptible to equivocation.” (quoting United States v. Connell, 869 F.2d 1349, 1351 (9th Cir.1989))). .

2015The warning must be clear and not susceptible to equivocation.” (quoting United States v. Connell, 869 F.2d 1349, 1351 (9th Cir. 1989))). 41 must understand what your rights are. . . . [Rights card is read].

11
United States v. Isaac San Juan-Cruzgreen
ca9 · 2002 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Hart v. Att'y Gen. of State of Fla., 323 F.3d 884, 894 (11th Cir.2003) (clarity of Miranda warnings compromised where police told defendant both that incriminating statements could be used against him and, inconsistently, that "honesty will not hurt you”); United States v. San Juan-Cruz, 314 F.3d 384, 387 (9th Cir.2002) (" 'What Miranda requires is meaningful advice to the unlettered and unlearned in language which they can comprehend and on which they can knowingly act.’ In order for the warning to be valid, the combination or the wording of its warnings cannot be affirmatively mis

2015See, e.g., Hart v. Att’y Gen. of State of Fla., 323 F.3d 884, 894 (11th Cir. 2003) (clarity of Miranda warnings compromised where police told defendant both that incriminating statements could be used against him and, inconsistently, that “honesty will not hurt you”); United States v. San Juan-Cruz, 314 F.3d 384, 387 (9th Cir. 2002) (“‘What Miranda requires is meaningful advice to the unlettered and unlearned in language which they can comprehend and on which they can knowingly act.’ In order for the warning to be valid, the combination or the wording of its warnings cannot be affirmatively mi

11
Robert Arthur Hart v. Attorney General of the State of Florida, Secretary for the Department of Correctionsgreen
ca11 · 2003 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Hart v. Att'y Gen. of State of Fla., 323 F.3d 884, 894 (11th Cir.2003) (clarity of Miranda warnings compromised where police told defendant both that incriminating statements could be used against him and, inconsistently, that "honesty will not hurt you”); United States v. San Juan-Cruz, 314 F.3d 384, 387 (9th Cir.2002) (" 'What Miranda requires is meaningful advice to the unlettered and unlearned in language which they can comprehend and on which they can knowingly act.’ In order for the warning to be valid, the combination or the wording of its warnings cannot be affirmatively mis

2015See, e.g., Hart v. Att’y Gen. of State of Fla., 323 F.3d 884, 894 (11th Cir. 2003) (clarity of Miranda warnings compromised where police told defendant both that incriminating statements could be used against him and, inconsistently, that “honesty will not hurt you”); United States v. San Juan-Cruz, 314 F.3d 384, 387 (9th Cir. 2002) (“‘What Miranda requires is meaningful advice to the unlettered and unlearned in language which they can comprehend and on which they can knowingly act.’ In order for the warning to be valid, the combination or the wording of its warnings cannot be affirmatively mi

11
Nelson v. McCrearygreen
dc · 1997 · cited in 1 District of Columbia opinions naming this issue, 2009–2009
2 sentences

2009The “trial court has broad discretion in fashioning appropriate jury instructions,” but that “discretion does not extend to refusal to charge on a party’s theory of the case.” Nelson, 694 A.2d at 901 (citations and punctuation omitted).

2009DCHA does not challenge the wording of the instruction, just the fact that it was given. 11 A. Standard of Review “A party is entitled to an instruction on his or her theory of the case if the [requested] instruction is supported by the evidence.” Nelson v. McCreary, 694 A.2d 897, 901 (D.C.1997) (citing Nimetz v. Cappadona, 596 A.2d 603, 605 (D.C.1991)).

11
Nimetz v. Cappadonagreen
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 2009–2009
1 sentence

2009DCHA does not challenge the wording of the instruction, just the fact that it was given. 11 A. Standard of Review “A party is entitled to an instruction on his or her theory of the case if the [requested] instruction is supported by the evidence.” Nelson v. McCreary, 694 A.2d 897, 901 (D.C.1997) (citing Nimetz v. Cappadona, 596 A.2d 603, 605 (D.C.1991)).

11
Gebremdhin v. Avis Rent-A-Car System, Inc.green
dc · 1997 · cited in 1 District of Columbia opinions naming this issue, 2002–2002
1 sentence

2002On appeal Amtrak complains that the wording of this instruction was faulty in that there was no evidentiary predicate for characterizing the past signal events as "malfunctions” or "mishaps.” See Gebremdhin v. Avis Rent-A-Car System, Inc., 689 A.2d 1202, 1204 (D.C. 1997) ("Jury instructions must have an evi-dentiary predicate.”).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Fludd v. United States green
dc · 1975
2 sentences

1992“A defendant is entitled to an instruction on his theory of the case, but he is not entitled to dictate the wording of that instruction.” Fludd v. United States, 336 A.2d 539 , 541 n. 3 (D.C.1975).

1992"A defendant is entitled to an instruction on his theory of the case, but he is not entitled to dictate the wording of that instruction." Fludd v. United States, 336 A.2d 539 , 541 n. 3 (D.C.1975).

21986–1992
Ohio Bureau of Workers' Compensation v. McKinley green
ohio · 2011
1 sentence

2025Crosby v. Beam, 47 Ohio St.3d 105, 110 (1989), quoting Staff Note, Civ.R. 8(F) (“The rule ‘. . . emphasizes the fact that pleadings shall be construed liberally . . . .’” (Ellipses in original.)); Ogle v. Ohio Power Co., 2008-Ohio-7042, ¶ 9 (4th Dist.) (“The object [of notice pleading] is . . . simply to see whether the plaintiffs’ wording provides 25. the defendants with notice of the claim and the opportunity to defend it.”); Kramer, 2007- Ohio-7099, at ¶ 13 (6th Dist.) (“[T]he labels used in a particular cause of action do not control the nature of the cause of action.”); McKinley, 2011-Ohi

12025–2025
Baccaro v. Pisa green
nysd · 1966
1 sentence

1994According to 6 Moore’s Federal Practice ¶ 55.04 (1994), an unliquidated claim for attorney’s fees is not a suit for a sum certain, citing Davis v. National Mortgage Corp., 320 F.2d 90 (2d Cir.1963); Bacca-ro v. Pisa, 252 F.Supp. 900 (S.D.N.Y.1966).

11994–1994
Davis v. National Mortgage Corp. green
ca2 · 1963
1 sentence

1994According to 6 Moore’s Federal Practice ¶ 55.04 (1994), an unliquidated claim for attorney’s fees is not a suit for a sum certain, citing Davis v. National Mortgage Corp., 320 F.2d 90 (2d Cir.1963); Bacca-ro v. Pisa, 252 F.Supp. 900 (S.D.N.Y.1966).

11994–1994
Matter of Samuels green
dc · 1986
2 sentences

1989No objection was made to the lack of a contemporaneous instruction, or to the wording of the instruction ultimately given. 11 For this reason, and because I am in dissent, I “simply note [my] concern and leave the question for a case in which the issue is squarely presented and fully briefed.” In re Samuels, supra, 507 A.2d at 153 n. 5.

1989No objection was made to the lack of a contemporaneous instruction, or to the wording of the instruction ultimately given. 11 For this reason, and because I am in dissent, I “simply note [my] concern and leave the question for a case in which the issue is squarely presented and fully briefed.” In re Samuels, supra, 507 A.2d at 153 n. 5.

11989–1989
Spencer Womack v. United States green
cadc · 1964
2 sentences

1975It is true that a defendant is entitled to an instruction on his theory of the case, Womack v. United States, 119 U.S.App.D.C. 40 , 336 F.2d 959 (1964), but he is not entitled to dictate the wording of that instruction.

1975It is true that a defendant is entitled to an instruction on his theory of the case, Womack v. United States, 119 U.S.App.D.C. 40 , 336 F.2d 959 (1964), but he is not entitled to dictate the wording of that instruction.

11975–1975
Norman Salley v. United States green
cadc · 1965
2 sentences

1975Salley v. United States, 122 U.S.App.D.C. 359 , 353 F.2d 897 (1965).

1975Salley v. United States, 122 U.S.App.D.C. 359 , 353 F.2d 897 (1965).

11975–1975
Pennsylvania Greyhound Lines, Inc. v. Wells neutral
dc · 1945
1 sentence

1960We think it was essential that there be such a showing before the court could properly rule on the question of limitation of liability. 1 See Pennsylvania Greyhound Lines v. Wells, D.C.Mun.App., 41 A.2d 837 ; Neece v. Richmond Greyhound Lines, 246 N.C. 547 , 99 S.E.2d 756 , 68 A.L.R.2d 1341 .

11960–1960
Neece v. Richmond Greyhound Lines, Inc. green
nc · 1957
2 sentences

1960We think it was essential that there be such a showing before the court could properly rule on the question of limitation of liability. 1 See Pennsylvania Greyhound Lines v. Wells, D.C.Mun.App., 41 A.2d 837 ; Neece v. Richmond Greyhound Lines, 246 N.C. 547 , 99 S.E.2d 756 , 68 A.L.R.2d 1341 .

1960We think it was essential that there be such a showing before the court could properly rule on the question of limitation of liability. 1 See Pennsylvania Greyhound Lines v. Wells, D.C.Mun.App., 41 A.2d 837 ; Neece v. Richmond Greyhound Lines, 246 N.C. 547 , 99 S.E.2d 756 , 68 A.L.R.2d 1341 .

11960–1960

Where else courts name it

OR 125 (1895–2026) CA 70 (1927–2026) WV 53 (1977–2024) IL 39 (1904–2024) TX 27 (1910–2024) MO 22 (1905–2017) AL 20 (1930–2018) IN 20 (1930–2017) IA 20 (1918–2026) FL 20 (1959–2017) KS 19 (1934–2024) OH 16 (1975–2024) AZ 16 (1954–2020) WA 14 (1906–2024) KY 13 (1920–2026) PA 13 (1924–2021) DC 11 (1960–2025) VA 11 (1964–2025) NY 11 (1916–2004) MI 10 (1913–2025) MA 10 (1947–2010) NM 10 (1954–2025) NC 9 (1927–2024) NJ 9 (1964–2025) CO 9 (1972–2024) ID 8 (1949–2022) OK 8 (1926–2016) WI 7 (1962–2021) UT 4 (1949–2019) NE 4 (1950–2018) MD 4 (1999–2012) WY 4 (1978–1984) AR 4 (1950–1988) GA 4 (1941–2011) CT 3 (2002–2022) MS 3 (2007–2013) NH 3 (1983–2011) TN 2 (1998–2014) LA 2 (1992–2008) VI 2 (2012–2015) SC 2 (1901–1987) DE 2 (2001–2015) AK 2 (1981–2005)

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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