policy underlying rule (Florida) · Go Syfert
← Florida issues

policy underlying rule in Florida

10 Florida opinions name it 2 courts 1974–2015 0 in the last five years

The cases below were cited by Florida 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 (4)

CaseFollowedCited
JM v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008Morgan, Res Gestae, supra note 6, at 96. [18] *369 Hence, Florida's spontaneous statement exception is consistent with Professor Thayer's early view that declarations are admissible when "made by those present when a thing took place, made about it, and importing what is present at the very time." Thayer, supra, at 83. [19] Case Law Under The Evidence Code Since the adoption of the evidence code, this Court has stated: A spontaneous statement must be made "at the time of, or immediately following, the declarant's observation of the event or condition described." J.M. v. State, 665 So.2d 1135,

11
O'Keefe v. Passaic Valley Water Commissiongreen
nj · 1993 · cited in 1 Florida opinions naming this issue, 2004–2004
2 sentences

2004Since at least 1888, this Court has subscribed to a principle of judicial restraint sometimes called the "last resort rule," [5] in which we avoid considering a constitutional question when the case can be decided on nonconstitutional grounds. [6] The district courts of appeal also subscribe to the rule. [7] The policy behind the rule stems from "respect for other branches and levels of government, an awareness of the limitations of judicial power, sensitivity to the burdens of a constitutional adjudication, and appreciation that others may provide a more useful answer." O'Keefe v. Passaic Val

2004Since at least 1888, this Court has subscribed to a principle of judicial restraint sometimes called the "last resort rule," [5] in which we avoid considering a constitutional question when the case can be decided on nonconstitutional grounds. [6] The district courts of appeal also subscribe to the rule. [7] The policy behind the rule stems from "respect for other branches and levels of government, an awareness of the limitations of judicial power, sensitivity to the burdens of a constitutional adjudication, and appreciation that others may provide a more useful answer." O'Keefe v. Passaic Val

11
Curless v. County of Claygreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004Since at least 1888, this Court has subscribed to a principle of judicial restraint sometimes called the "last resort rule," [5] in which we avoid considering a constitutional question when the case can be decided on nonconstitutional grounds. [6] The district courts of appeal also subscribe to the rule. [7] The policy behind the rule stems from "respect for other branches and levels of government, an awareness of the limitations of judicial power, sensitivity to the burdens of a constitutional adjudication, and appreciation that others may provide a more useful answer." O'Keefe v. Passaic Val

11
Denolf v. Frank L Jursik Co.green
mich · 1976 · cited in 1 Florida opinions naming this issue, 1985–1985
2 sentences

1985Jursik Co., 395 Mich. 661 , 238 N.W.2d 1, 4 (1976), and that the policy reasons underlying the rule of exclusion are absent where the subsequent remedial measures are taken by someone not a party to the action. 414 So.2d at 1110 .

1985Jursik Co., 395 Mich. 661 , 238 N.W.2d 1, 4 (1976), and that the policy reasons underlying the rule of exclusion are absent where the subsequent remedial measures are taken by someone not a party to the action. 414 So.2d at 1110 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
Williams v. State green
fla · 2007
1 sentence

2015Id.

12015–2015
Harner v. Harner green
illappct · 1982
2 sentences

1987We find merit to this rule and therefore adopt it. 61 Ill.Dec. at 315 , 434 N.E.2d at 468 .

1987We find merit to this rule and therefore adopt it. 61 Ill.Dec. at 315 , 434 N.E.2d at 468 .

11987–1987
Crowder v. Crowder neutral
lactapp · 1974
1 sentence

1987App. 1974), 296 So.2d 842 see Annot., 47 A.L.R.3d 1031 , 1058-61 (1973).) The policy underlying this rule is to prevent the supporting parent from, in effect, unilaterally modifying the support decree and thereby affecting the expectations of the custodial parent as to support payments.

11987–1987
Hartman v. OPELIKA MACH. & WELDING green
fladistctapp · 1982
1 sentence

1985Jursik Co., 395 Mich. 661 , 238 N.W.2d 1, 4 (1976), and that the policy reasons underlying the rule of exclusion are absent where the subsequent remedial measures are taken by someone not a party to the action. 414 So.2d at 1110 .

11985–1985
Mathieu v. State green
fla · 1931
2 sentences

1984The Court, in holding the defect to be "one of substance and not of form," 101 Fla. at 1324 , 133 So. at 551 , focused on the facts of the case and the policy underlying the requirement of an allegation of venue.

1984"The indictment as framed would not protect the defendant against another prosecution for the same offense, as no county is named as the place of commission of the alleged offense." Id.

11984–1984
Rimes v. State green
fla · 1931
1 sentence

1984The Court, in holding the defect to be "one of substance and not of form," 101 Fla. at 1324 , 133 So. at 551 , focused on the facts of the case and the policy underlying the requirement of an allegation of venue.

11984–1984
Smith v. State green
fladistctapp · 1977
1 sentence

1983I would recede from Smith, supra. The majority of the Smith panel refused to except from the marital privilege communications made in furtherance of crimes because of the harm it would inflict upon the strong policy underlying the privilege.

11983–1983
Kneale v. Williams green
fla · 1947
2 sentences

1977(See Kneale v. Williams, 158 Fla. 811 , 30 So.2d 284 (1947).) We refuse to engraft such an exception upon the marital privilege, again because of the harm it would inflict upon the strong policy underlying the privilege. [2] The state further asserts that the statements made by appellant immediately following the shooting were part of the res gestae, making his words verbal acts rather than communications, and thus taking them outside the scope of the privilege.

1977(See Kneale v. Williams, 158 Fla. 811 , 30 So.2d 284 (1947).) We refuse to engraft such an exception upon the marital privilege, again because of the harm it would inflict upon the strong policy underlying the privilege. [2] The state further asserts that the statements made by appellant immediately following the shooting were part of the res gestae, making his words verbal acts rather than communications, and thus taking them outside the scope of the privilege.

11977–1977
James D. Sullivan v. T. Francis Kelleher green
ca1 · 1968
1 sentence

1975The policy underlying the doctrine requires that its application not depend on the determination of `nice questions of jurisdiction.' Sullivan v. Kelleher, 1 Cir.1968, 405 F.2d 486, 487 .

11975–1975
Charles Earl Jacobson v. Nick F. Schaefer green
ca7 · 1971
1 sentence

1975The defects in the procedure employed in this case will not support a conclusion that there was a clear absence of all jurisdiction." In Jacobson v. Schaefer, supra , the plaintiff was arrested and charged with having violated certain Wisconsin marijuana and narcotic drug laws and the defendant, who was a county judge, set bond at three thousand ($3,000.00) dollars and appointed counsel for the plaintiff.

11975–1975
Burke v. Beasley green
fla · 1954
1 sentence

1974In support of this proposition, appellant cites Burke v. Beasley, 75 So.2d 7 (Fla. 1954), and Brake v. Gissendanner, 206 So.2d 10 (Fla.App. 1968), which cases stand for the proposition that the law is well settled that election ballots cannot be used to impeach an official return unless the integrity of the ballots is first clearly established by the plaintiff.

11974–1974
Brake v. Gissendanner neutral
fladistctapp · 1968
1 sentence

1974In support of this proposition, appellant cites Burke v. Beasley, 75 So.2d 7 (Fla. 1954), and Brake v. Gissendanner, 206 So.2d 10 (Fla.App. 1968), which cases stand for the proposition that the law is well settled that election ballots cannot be used to impeach an official return unless the integrity of the ballots is first clearly established by the plaintiff.

11974–1974

Where else courts name it

CA 80 (1948–2026) PA 59 (1980–2026) OH 40 (1978–2025) IL 29 (1965–2025) NY 27 (1956–2024) CT 25 (1986–2018) MA 19 (1968–2016) TX 18 (1988–2025) WA 15 (1980–2017) IN 14 (1989–2020) MD 14 (1977–2014) MI 11 (1960–2025) TN 10 (1978–2018) FL 10 (1974–2015) LA 9 (1979–2023) NJ 9 (1979–2025) ME 8 (1976–2013) MN 8 (1983–2010) UT 7 (1991–2019) OR 7 (1978–2008) CO 6 (1996–2026) DC 5 (1982–1996) VA 5 (1993–2016) WI 5 (1982–2024) IA 5 (1980–2011) KY 5 (1982–2006) AK 5 (1981–2001) HI 4 (2001–2022) KS 4 (1981–1988) NV 4 (1978–2013) SC 4 (2008–2012) WV 4 (1983–2018) NE 3 (1983–2003) VT 3 (2006–2010) NC 3 (1999–2016) MO 3 (1979–2008) AL 2 (1979–2017) NH 2 (1990–1993) NM 2 (2000–2016) ND 2 (1977–2000) AZ 2 (1994–2010) MT 2 (1948–1999)

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