relaxed standard (Rhode Island) · Go Syfert
← Rhode Island issues

relaxed standard in Rhode Island

11 Rhode Island opinions name it 2 courts 1989–2006 0 in the last five years

The cases below were cited by Rhode Island 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 (10)

CaseFollowedCited
Adams v. Uno Restaurants, Inc.green
ri · 2002 · cited in 2 Rhode Island opinions naming this issue, 2004–2005
2 sentences

2005See Adams v. Uno Restaurants, Inc., 794 A.2d 489, 492-93 (R.I.2002) (plaintiff found to have established physical symptomatology based on his own testimony about emotional distress and humiliation despite the absence of a medical expert).

2004Even under a relaxed standard for symptomatology, see Adams v. Uno Restaurants, Inc., 794 A.2d 489 (R.I. 2000), this Court found that Mrs. Perrotti's own statements of suffering, in the absence of medical testimony or opinion, did not support such a claim.

12
Andruzewski v. Smithgreen
ri · 1969 · cited in 1 Rhode Island opinions naming this issue, 2003–2003
2 sentences

2003We note the presumption of regularity that attaches to acts by municipal officials and have consistently held “that sworn officers of the law are entitled to the presumption that their official acts have been properly performed, until the contrary is proved.” Signore v. Zoning Board of Review of Barrington, 98 R.I. 26, 34 , 199 A.2d 601, 605 (1964); see Andruzewski v. Smith, 105 R.I. 463, 466-67 , 252 A.2d 914, 916 (1969).

2003We note the presumption of regularity that attaches to acts by municipal officials and have consistently held “that sworn officers of the law are entitled to the presumption that their official acts have been properly performed, until the contrary is proved.” Signore v. Zoning Board of Review of Barrington, 98 R.I. 26, 34 , 199 A.2d 601, 605 (1964); see Andruzewski v. Smith, 105 R.I. 463, 466-67 , 252 A.2d 914, 916 (1969).

11
Signore v. ZONING BD. OF REVIEW OF TOWN OF BARRINGTONgreen
ri · 1964 · cited in 1 Rhode Island opinions naming this issue, 2003–2003
1 sentence

2003We note the presumption of regularity that attaches to acts by municipal officials and have consistently held “that sworn officers of the law are entitled to the presumption that their official acts have been properly performed, until the contrary is proved.” Signore v. Zoning Board of Review of Barrington, 98 R.I. 26, 34 , 199 A.2d 601, 605 (1964); see Andruzewski v. Smith, 105 R.I. 463, 466-67 , 252 A.2d 914, 916 (1969).

11
Pari v. Parigreen
ri · 1989 · cited in 1 Rhode Island opinions naming this issue, 1997–1997
1 sentence

1997See Pari, 558 A.2d at 635 .

11
Palmore v. Sidotigreen
scotus · 1984 · cited in 1 Rhode Island opinions naming this issue, 1994–1994
2 sentences

1994(Citing Palmore v. Sidoti, 466 U.S. 429 , 432-33. 104 S.Ct. 1879, 1882 , 80 L.Ed.2d 421, 425 (1984). * * * * A more relaxed standard of judicial examination is "intermediate scrutiny," which is generally applied to classifications by gender "because most, although not all, gender classifications by the State are not justified;" and gender classification will be "upheld if the State can demonstrate an important government objective." 612 A.2d at 737 .

1994(Citing Palmore v. Sidoti, 466 U.S. 429 , 432-33. 104 S.Ct. 1879, 1882 , 80 L.Ed.2d 421, 425 (1984). * * * * A more relaxed standard of judicial examination is "intermediate scrutiny," which is generally applied to classifications by gender "because most, although not all, gender classifications by the State are not justified;" and gender classification will be "upheld if the State can demonstrate an important government objective." 612 A.2d at 737 .

11
Taft v. Paregreen
ri · 1988 · cited in 1 Rhode Island opinions naming this issue, 1991–1991
1 sentence

1991See Taft v. Pare, 536 A.2d 888, 891 (R.I.1988).

11
State v. Creightongreen
ri · 1983 · cited in 1 Rhode Island opinions naming this issue, 1990–1990
1 sentence

1990See State v. Creighton, 462 A.2d 980 (R.I.1983).

11
City of Warwick v. Apttgreen
ri · 1985 · cited in 1 Rhode Island opinions naming this issue, 1989–1989
1 sentence

1989See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498-99 , 102 S.Ct. 1186, 1193-94 , 71 L.Ed.2d 362, 371-72 (1982); Papachristou v. City of Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110, 115-16 (1972); see also City of Warwick v. Aptt, 497 A.2d 721, 724 (R.I.1985).

11
Papachristou v. City of Jacksonvillegreen
scotus · 1972 · cited in 1 Rhode Island opinions naming this issue, 1989–1989
2 sentences

1989See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498-99 , 102 S.Ct. 1186, 1193-94 , 71 L.Ed.2d 362, 371-72 (1982); Papachristou v. City of Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110, 115-16 (1972); see also City of Warwick v. Aptt, 497 A.2d 721, 724 (R.I.1985).

1989See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498-99 , 102 S.Ct. 1186, 1193-94 , 71 L.Ed.2d 362, 371-72 (1982); Papachristou v. City of Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110, 115-16 (1972); see also City of Warwick v. Aptt, 497 A.2d 721, 724 (R.I.1985).

11
Hoffman Estates v. Flipside, Hoffman Estates, Inc.green
scotus · 1982 · cited in 1 Rhode Island opinions naming this issue, 1989–1989
2 sentences

1989See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498-99 , 102 S.Ct. 1186, 1193-94 , 71 L.Ed.2d 362, 371-72 (1982); Papachristou v. City of Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110, 115-16 (1972); see also City of Warwick v. Aptt, 497 A.2d 721, 724 (R.I.1985).

1989See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498-99 , 102 S.Ct. 1186, 1193-94 , 71 L.Ed.2d 362, 371-72 (1982); Papachristou v. City of Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110, 115-16 (1972); see also City of Warwick v. Aptt, 497 A.2d 721, 724 (R.I.1985).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
United States v. Students Challenging Regulatory Agency Procedures (SCRAP) green
scotus · 1973
2 sentences

2006In United States v. Students Challenging Regulatory Agency Procedures ("SCRAP"), 412 U.S. 669 (1973), for example, the Court used a relaxed standard in granting a student group standing to challenge an order to increase rail freight weights that would impact the environment, when the plaintiffs alleged injury in the form of increased air pollution and increased litter.

2006There the plaintiffs specifically alleged in their complaint that they use "`the forests, rivers, streams, mountains, and other natural resources . . . for camping, hiking, fishing, sightseeing, and other recreational [and] aesthetic purposes' and that these activities will suffer as a result of the increased pollution." Id.

12006–2006
Signore v. Zoning Board of Review green
ri · 1964
1 sentence

2003We note the presumption of regularity that attaches to acts by municipal officials and have consistently held “that sworn officers of the law are entitled to the presumption that their official acts have been properly performed, until the contrary is proved.” Signore v. Zoning Board of Review of Barrington, 98 R.I. 26, 34 , 199 A.2d 601, 605 (1964); see Andruzewski v. Smith, 105 R.I. 463, 466-67 , 252 A.2d 914, 916 (1969).

12003–2003
Anders v. California green
scotus · 1967
2 sentences

2000This is a more relaxed standard than that required for withdrawal of counsel on direct appeals under Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). 3 We believe that the Pennsylvania procedure is a useful guide for determining when appointed counsel should be permitted to withdraw, and we therefore adopt it as our own to the extent specified herein. *136 To facilitate further proceedings in this case, we direct the Superior Court to appoint new counsel for Shatney because the applicant has not yet had any hearing or judicial determination on the merits of his appli

2000This is a more relaxed standard than that required for withdrawal of counsel on direct appeals under Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). 3 We believe that the Pennsylvania procedure is a useful guide for determining when appointed counsel should be permitted to withdraw, and we therefore adopt it as our own to the extent specified herein. *136 To facilitate further proceedings in this case, we direct the Superior Court to appoint new counsel for Shatney because the applicant has not yet had any hearing or judicial determination on the merits of his appli

12000–2000
State v. Hungerford green
nh · 1997
1 sentence

1999The State argues for what it terms a "relaxed Daubert criteria applicable to the `soft sciences.'" 70 The State contends that the standard in establishing general acceptance should be flexible for much of the data at work in the fields of psychiatry and psychology is subjective and many theories are difficult to verify. 71 In further support of this relaxed standard, the State points to federal case law decided subsequent to Quattrocchi and Hungerford (cited infra ) in which a relaxed standard is applied to the soft sciences. 72 The State reads these cases as standing for the relinquishment of

11999–1999

Where else courts name it

PA 219 (1958–2026) IL 50 (1976–2025) TX 36 (1970–2025) NJ 35 (1975–2026) NY 34 (1877–2024) CA 28 (1960–2025) FL 26 (1991–2019) WA 23 (1994–2024) LA 22 (1965–2025) OH 16 (1989–2023) CT 15 (1973–2016) IN 15 (1883–2020) WI 14 (1926–2020) MD 13 (1928–2020) TN 13 (1994–2017) KS 12 (1990–2016) GA 12 (1988–2017) OK 11 (1935–2014) RI 11 (1989–2006) ID 9 (1977–2024) IA 9 (1996–2025) KY 8 (1956–2015) UT 7 (1981–2021) VA 7 (2006–2025) CO 6 (1983–2020) AL 6 (1989–2016) NM 6 (1989–2020) MS 6 (1997–2012) MI 5 (1990–2019) MA 5 (1980–2009) MO 5 (1975–2023) AZ 5 (1985–2021) SC 5 (2000–2018) AK 4 (1985–2004) DC 4 (2000–2022) MN 4 (2014–2018) VT 3 (1998–2020) OR 3 (1990–2024) NV 3 (1990–2016) NC 3 (1995–2004) HI 3 (2002–2016) ND 2 (1986–1994) DE 2 (1980–2002) MT 2 (2015–2015) AR 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.

← Caselaw search · G Cite Topics · Brief Check