society rule (Wisconsin) · Go Syfert
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society rule in Wisconsin

10 Wisconsin opinions name it 2 courts 1994–2022 1 in the last five years

The cases below were cited by Wisconsin 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
City of Akron v. Akron Center for Reproductive Health, Inc.red
scotus · 1983 · cited in 6 Wisconsin opinions naming this issue, 1994–2001
2 sentences

2001See, e.g., State v. Stevens, 181 Wis. 2d 410, 441-42 , 511 N.W. 2d 591 (1994) (Abrahamson, J., concurring) ("Fidelity to precedent, the doctrine of stare decisis 'stand by things decided,' is fundamental to 'a society governed by the rule of law.' Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416, 420 (1983).

2001The circuit court is in the best position to determine whether there were tears or even a hint of sadness on the part of D.F. [1] See, e.g., State v. Stevens, 181 Wis. 2d 410, 441-42 , 511 N.W. 2d 591 (1994) (Abrahamson, J., concurring) ("Fidelity to precedent, the doctrine of stare decisis `stand by things decided,' is fundamental to `a society governed by the rule of law.' Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416, 420 (1983).

66
Thornburgh v. American College of Obstetricians and Gynecologistsred
scotus · 1986 · cited in 3 Wisconsin opinions naming this issue, 1994–2001
2 sentences

2001When legal standards 'are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results.' Appeal of Concerned Cor-porators of Portsmouth Savings Bank, 129 N.H. 183, 227 , 525 A.2d 671 (1987) (Souter, J., dissenting, quoting Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 786-87 (1986), White, J., dissenting).").

2001When legal standards `are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results.' Appeal of Concerned Corporators of Portsmouth Savings Bank, 129 N.H. 183, 227 , 525 A.2d 671 (1987) (Souter, J., dissenting, quoting Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 786-87 (1986), White, J., dissenting)."). [2] Pool v. Milwaukee Mechanics Ins.

33
State v. Stevensgreen
wis · 1994 · cited in 4 Wisconsin opinions naming this issue, 1997–2003
2 sentences

2003Fidelity to precedent, the doctrine of stare decisis "stand by things decided", is fundamental to "a society governed by the rule of law." When legal standards "are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results." No change in the law is justified by "a change in the membership of the court or a case with more egregious facts." State v. Stevens, 181 Wis. 2d 410, 441-42 , 511 N.W.2d 591 (1994) (Abrahamson, J., concurring). ¶ 139.

2003Fidelity to precedent, the doctrine of stare decisis "stand by things decided", is fundamental to "a society governed by the rule of law." When legal standards "are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results." No change in the law is justified by "a change in the membership of the court or a case with more egregious facts." State v. Stevens, 181 Wis. 2d 410, 441-42 , 511 N.W.2d 591 (1994) (Abrahamson, J., concurring). ¶ 139.

14
Data Key Partners v. Permira Advisors LLCgreen
wis · 2014 · cited in 1 Wisconsin opinions naming this issue, 2022–2022
2 sentences

2022See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

2022See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Appeal of Concerned Corporators of the Portsmouth Savings Bank green
nh · 1987
2 sentences

2001When legal standards 'are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results.' Appeal of Concerned Cor-porators of Portsmouth Savings Bank, 129 N.H. 183, 227 , 525 A.2d 671 (1987) (Souter, J., dissenting, quoting Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 786-87 (1986), White, J., dissenting).").

2001When legal standards 'are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results.' Appeal of Concerned Cor-porators of Portsmouth Savings Bank, 129 N.H. 183, 227 , 525 A.2d 671 (1987) (Souter, J., dissenting, quoting Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 786-87 (1986), White, J., dissenting).").

31994–2001
Planned Parenthood of Southeastern Pa. v. Casey red
scotus · 1992
2 sentences

1998Any deviation from precedent should be considered only through a thorough analysis and overview of the law as it currently exists. "[T]he doctrine of stare decisis. . .is a doctrine that demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, 462 U.S. 416 , 419 — 20 (1983), overruled on other grounds by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).

1998Any deviation from precedent should be considered only through a thorough analysis and overview of the law as it currently exists. "[T]he doctrine of stare decisis... is a doctrine that demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 419-20 (1983), overruled on other grounds by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).

21997–1998
Michigan v. Asher green
scotus · 1995
2 sentences

1998Such "fidelity to precedent" helps to ensure that the existing law will "not be abandoned without strong justification." State v. Stevens, 181 Wis. 2d 410, 441 , 551 N.W.2d 591 (1994)(Abrahamson, J., concurring), ce rt. denied, — U.S.—, 115 S. Ct. 2245 (1995).

1998Such "fidelity to precedent" helps to ensure that the existing law will "not be abandoned without strong justification." State v. Stevens, 181 Wis. 2d 410, 441 , 551 N.W.2d 591 (1994)(Abrahamson, J., concurring), cert. denied, —U.S. —, 115 S. Ct. 2245 (1995).

21997–1998
Gurney v. Heritage Mut. Ins. Co. green
wisctapp · 1994
2 sentences

2004Co., 188 Wis. 2d 68 , 74, 523 N.W.2d 193 (Ct. App. 1994). [3] In discussing the medical expense issue at the summary judgment hearing, Heimerl's counsel stated that "[t]he insurance company in this case argues that it's a third-party claim, and they cite law suggesting that it is an issue of `first impression.'" Even if he intended this comment to apply to the motion to dismiss his bad faith claim, he made no argument concerning it, and went so far as to say that it was "not an issue that has to be decided here." By failing to raise any argument in opposition to Society's motion for summary ju

2004Co., 188 Wis. 2d 68 , 74, 523 N.W.2d 193 (Ct. App. 1994). [3] In discussing the medical expense issue at the summary judgment hearing, Heimerl's counsel stated that "[t]he insurance company in this case argues that it's a third-party claim, and they cite law suggesting that it is an issue of `first impression.'" Even if he intended this comment to apply to the motion to dismiss his bad faith claim, he made no argument concerning it, and went so far as to say that it was "not an issue that has to be decided here." By failing to raise any argument in opposition to Society's motion for summary ju

12004–2004
State v. City of Oak Creek green
wis · 2000
2 sentences

2001We recently reiterated the fundamental principle of stare decisis in State v. City of Oak Creek, 2000 WI 9 , ¶ 55 n.27, 232 Wis. 2d 612 , 605 N.W.2d 526 : Fidelity to precedent, the doctrine of stare decisis 'stand by things decided', is fundamental to 'a society governed by the rule of law.' When legal standards 'are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results.' (citations and quotations omitted).

2001We recently reiterated the fundamental principle of stare decisis in State v. City of Oak Creek, 2000 WI 9 , ¶ 55 n.27, 232 Wis. 2d 612 , 605 N.W.2d 526 : Fidelity to precedent, the doctrine of stare decisis 'stand by things decided', is fundamental to 'a society governed by the rule of law.' When legal standards 'are open to revision in every case, deciding cases becomes a mere exercise of judicial will, with arbitrary and unpredictable results.' (citations and quotations omitted).

12001–2001

Where else courts name it

NH 33 (1991–2025) WI 10 (1994–2022) PA 5 (1939–1993) CA 4 (1946–2020) OH 4 (2000–2026) DE 3 (1971–1972) NJ 3 (1939–2006) NY 3 (1978–1988) MO 2 (1908–1916) CT 2 (1998–2008) MI 2 (1994–2000) IL 2 (2015–2015) TX 2 (2015–2019) MS 2 (1995–1997) AZ 2 (1968–2018)

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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