history clause (Idaho) · Go Syfert
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history clause in Idaho

9 Idaho opinions name it 2 courts 1951–2022 1 in the last five years

The cases below were cited by Idaho 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 (2)

CaseFollowedCited
Tenney v. Brandhovegreen
scotus · 1951 · cited in 1 Idaho opinions naming this issue, 1997–1997
2 sentences

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

11
Chevron Oil Co. v. Husonred
scotus · 1971 · cited in 1 Idaho opinions naming this issue, 1991–1991
2 sentences

1991Those factors are: (1) Whether "the decision to be applied nonretroactively ... establish[es] a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed"; (2) whether, in light of "the prior history of the rule in question, [and] its purpose and effect, ... retroactive operation will further or retard its operation"; and (3) whether the decision "could produce substantial inequitable results if applied retroactively." Chevron Oil, 404 U.S. at 106-07 , 92 S.Ct. at

1991Those factors are: (1) Whether "the decision to be applied nonretroactively ... establish[es] a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed"; (2) whether, in light of "the prior history of the rule in question, [and] its purpose and effect, ... retroactive operation will further or retard its operation"; and (3) whether the decision "could produce substantial inequitable results if applied retroactively." Chevron Oil, 404 U.S. at 106-07 , 92 S.Ct. at

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
State v. Clements green
idaho · 2009
2 sentences

2013Id. at 86, 218 P.3d at 1147 .

2013Id. at 86, 218 P.3d at 1147 .

32013–2013
Woodland Private Study Group v. State green
nj · 1987
1 sentence

2022Woodland, 533 A.2d at 389–90.

12022–2022
Spallone v. United States green
scotus · 1990
2 sentences

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

11997–1997
United States v. Johnson green
scotus · 1966
2 sentences

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

11997–1997
Kleindienst v. Mandel green
scotus · 1972
1 sentence

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process.” Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 683 (1972). “[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary.” United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). “[A]ny restriction on a legislator’s freedom undermine

11997–1997
Gravel v. United States green
scotus · 1972
2 sentences

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

1997It thus protects Members [of congress] against prosecutions that directly impinge upon or threaten the legislative process." Gravel v. United States, 408 U.S. 606, 616 , 92 S.Ct. 2614, 2622 , 33 L.Ed.2d 583 (1972). "[I]t is apparent from the history of the clause that the privilege was not born primarily of a desire to avoid private suits ... but rather to prevent intimidation by the executive and accountability before a possibly hostile judiciary." United States v. Johnson, 383 U.S. 169, 180-81 , 86 S.Ct. 749, 755 , 15 L.Ed.2d 681 (1966). "[A]ny restriction on a legislator's freedom undermine

11997–1997
Country Insurance v. Agricultural Development, Inc. green
idaho · 1984
2 sentences

1985The trial bench and bar are reminded of our recent decision in Country Insurance Co. v. Agricultural Development, Inc., 107 Idaho 961 , 695 P.2d 346 (1984), where the history of the rule was reviewed at length.

1985The trial bench and bar are reminded of our recent decision in Country Insurance Co. v. Agricultural Development, Inc., 107 Idaho 961 , 695 P.2d 346 (1984), where the history of the rule was reviewed at length.

11985–1985
McDonald v. Massachusetts General Hospital green
· 1876
1 sentence

1966A study of this history indicates the first American decision to follow the immunity doctrine was McDonald v. Massachusetts General Hospital, 120 Mass. 432 , 21 Am.Rep. 529 (1876).

11966–1966
President & Directors of Georgetown College v. Hughes green
cadc · 1942
2 sentences

1966The history of the doctrine of charitable immunity is especially well set forth in Presidents and Directors of Georgetown College v. Hughes, 76 U.S.App.D.C. 123 , 130 F.2d 810 (1942), and an exhaustive annotation in 25 A.L.R.2d 29 , 38.

1966The history of the doctrine of charitable immunity is especially well set forth in Presidents and Directors of Georgetown College v. Hughes, 76 U.S.App.D.C. 123 , 130 F.2d 810 (1942), and an exhaustive annotation in 25 A.L.R.2d 29 , 38.

11966–1966
State v. Elsen green
idaho · 1947
2 sentences

1951In State v. Elsen, 68 Idaho 50 , 187 P.2d 976, 978 , Mr. Justice Hyatt traced the history of the rule as to corroboration required in a rape case, and made a concise statement of the rule as it has developed in this state, to-wit: "If the character or reputation of the prosecutrix for truth and chastity is *674 unimpeached, and her testimony is not contradictory nor inconsistent with the admitted facts of the case, and is not inherently improbable nor incredible, there can be either direct evidence corroborating her testimony, or evidence of surrounding circumstances clearly corroborating her

1951In State v. Elsen, 68 Idaho 50 , 187 P.2d 976, 978 , Mr. Justice Hyatt traced the history of the rule as to corroboration required in a rape case, and made a concise statement of the rule as it has developed in this state, to-wit: "If the character or reputation of the prosecutrix for truth and chastity is *674 unimpeached, and her testimony is not contradictory nor inconsistent with the admitted facts of the case, and is not inherently improbable nor incredible, there can be either direct evidence corroborating her testimony, or evidence of surrounding circumstances clearly corroborating her

11951–1951

Where else courts name it

PA 74 (1863–2024) CA 57 (1880–2026) TX 50 (1878–2023) NM 42 (1970–2025) WA 41 (1906–2025) NJ 40 (1925–2023) LA 40 (1934–2025) MD 39 (1966–2023) IL 34 (1924–2022) FL 30 (1959–2023) NY 29 (1892–2008) GA 28 (1900–2025) TN 26 (1940–2022) OR 25 (1954–2025) MO 23 (1888–2018) MI 23 (1944–2024) AL 19 (1935–2024) OH 17 (1913–2023) IA 15 (1885–2021) SD 15 (1974–2025) CO 14 (1946–2025) UT 14 (1949–2021) VA 13 (1954–2025) MN 13 (1969–2006) ND 13 (1916–2005) WI 13 (1926–2023) CT 12 (1968–2016) WY 12 (1975–2015) AZ 12 (1960–2014) KY 12 (1922–2018) MT 10 (1916–2025) IN 9 (1958–2020) DC 9 (1946–2007) ID 9 (1951–2022) NC 9 (1973–2000) KS 9 (1905–2013) AR 8 (1979–2003) MS 8 (1968–2008) WV 7 (1936–2018) OK 7 (1979–2024) MA 7 (1903–2003) RI 6 (1969–2020) AK 6 (1977–2025) VT 6 (1976–2017) SC 5 (1938–1990) HI 5 (1980–2022) DE 5 (1992–2018) NV 4 (1970–2013) NE 4 (1897–2019) NH 4 (1932–2003) PR 2 (1926–1929)

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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