legislative test (Nebraska) · Go Syfert
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legislative test in Nebraska

9 Nebraska opinions name it 3 courts 1928–2014 0 in the last five years

The cases below were cited by Nebraska 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 (1)

CaseFollowedCited
Woollen v. Stategreen
neb · 1999 · cited in 1 Nebraska opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Woollen v. State, 256 Neb. 865 , 593 N.W.2d 729 (1999). *332 If the RLA were interpreted to apply to public property serving dual purposes, it takes little effort to envision numerous circumstances in which substantially different liability standards would apply to the same incident or injury depending upon the claimant’s reason for using the property.

2006See, e.g., Woollen v. State, 256 Neb. 865 , 593 N.W.2d 729 (1999). *332 If the RLA were interpreted to apply to public property serving dual purposes, it takes little effort to envision numerous circumstances in which substantially different liability standards would apply to the same incident or injury depending upon the claimant’s reason for using the property.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

CaseCitedYears
Linda N. v. William N. green
neb · 2014
1 sentence

2014Nebraska Advance Sheets LINDA N. v. WILLIAM N. 613 Cite as 289 Neb. 607 it enacts legislation.16 The legislative history expressly states that the Legislature intended to overturn the language in the Cloeter decision. [5] The legislative history of the amendment indicates that the Legislature wished to allow a “victim of abuse, law enforcement, and prosecutors to take steps toward prevent- ing a threatened act of domestic abuse from actually becom- ing an act that leads to physical harm of the victim.”17 The Legislature believed the language of Cloeter almost made it such that a victim had to

12014–2014
Schaneman v. Wright green
neb · 1991
2 sentences

1996Schaneman v. Wright, 238 Neb. 309 , 470 N.W.2d 566 (1991); Doyle v. Union Ins.

1996Schaneman v. Wright, 238 Neb. 309 , 470 N.W.2d 566 (1991); Doyle v. Union Ins.

11996–1996
State v. McGuire green
la · 1986
2 sentences

1995The dissent, relying on State v. McGuire, 493 So. 2d 559 (La. 1986), argues that § 60-6,197(10) does not require a law enforcement officer to embark upon a discussion of the legal consequences of submitting to and failing a chemical test.

1995The dissent, relying on State v. McGuire, 493 So.2d 559 (La.1986), argues that § 60-6,197(10) does not require a law enforcement officer to embark upon a discussion of the legal consequences of submitting to and failing a chemical test.

11995–1995
State Ex Rel. Johnson v. Hagemeister green
neb · 1955
2 sentences

1981Johnson v. Hagemeister , 161 Neb. 475 , 73 N.W.2d 625 (1955).

1981Johnson v. Hagemeister , 161 Neb. 475 , 73 N.W.2d 625 (1955).

11981–1981
State ex rel. Johnson v. Chase neutral
neb · 1946
2 sentences

1963Johnson v. Chase, 147 Neb. 758 , 25 N. W. 2d 1 , the court described the limited powers of the *36 commission as follows: “The officers of the Nebraska Liquor Control Commission carry into effect legislative policies embodied in the statute in accordance with .the legislative standard therein prescribed. * * * It is charged with the enforcement of no policy except the policy of law.” The Nebraska Liquor Control Commission owes its existence to an act of the Legislature, but the Legislature, in creating an' administrative body, cannot delegate to such administrative body the legislative power w

1963Johnson v. Chase, 147 Neb. 758 , 25 N. W. 2d 1 , the court described the limited powers of the *36 commission as follows: “The officers of the Nebraska Liquor Control Commission carry into effect legislative policies embodied in the statute in accordance with .the legislative standard therein prescribed. * * * It is charged with the enforcement of no policy except the policy of law.” The Nebraska Liquor Control Commission owes its existence to an act of the Legislature, but the Legislature, in creating an' administrative body, cannot delegate to such administrative body the legislative power w

11963–1963
Humphrey's v. United States green
scotus · 1935
1 sentence

1946Ed. 611 , 55 S. Ct. 869 , in determining whether or not the President of the United States had the power and authority to discharge a member of the Federal Trade Commission, the Court said: “The Federal Trade Commission is an administrative body created by Congress to carry into' effect legislative policies embodied in the statute in accordance with the legislative standard therein prescribed, and to perform other specified duties as a legislative or as a judicial aid.

11946–1946
Reuter v. Reuter neutral
neb · 1928
1 sentence

1932Reuter v. Reuter, 116 Neb. 428 ; In re Estate of Combs, 117 Neb. 257 ; Heiser v. Brehm, 117 Neb. 472 ; Peters v. Northwestern Mutual Life Ins.

11932–1932
Combs v. Mumford neutral
neb · 1928
1 sentence

1932Reuter v. Reuter, 116 Neb. 428 ; In re Estate of Combs, 117 Neb. 257 ; Heiser v. Brehm, 117 Neb. 472 ; Peters v. Northwestern Mutual Life Ins.

11932–1932
Heiser v. Brehm neutral
neb · 1928
1 sentence

1932Reuter v. Reuter, 116 Neb. 428 ; In re Estate of Combs, 117 Neb. 257 ; Heiser v. Brehm, 117 Neb. 472 ; Peters v. Northwestern Mutual Life Ins.

11932–1932
Rupert v. Penner green
neb · 1892
1 sentence

1928Rupert v. Penner, 35 Neb. 587 ; Albin v. Parmele, 70 Neb. 740 ; Benedict v. Minton, 83 Neb. 782 ; Moran v. Moran, 101 Neb. 386 .

11928–1928
Albin v. Parmele green
neb · 1904
1 sentence

1928Rupert v. Penner, 35 Neb. 587 ; Albin v. Parmele, 70 Neb. 740 ; Benedict v. Minton, 83 Neb. 782 ; Moran v. Moran, 101 Neb. 386 .

11928–1928
Benedict v. Minton neutral
neb · 1909
1 sentence

1928Rupert v. Penner, 35 Neb. 587 ; Albin v. Parmele, 70 Neb. 740 ; Benedict v. Minton, 83 Neb. 782 ; Moran v. Moran, 101 Neb. 386 .

11928–1928
Moran v. Moran neutral
neb · 1917
1 sentence

1928Rupert v. Penner, 35 Neb. 587 ; Albin v. Parmele, 70 Neb. 740 ; Benedict v. Minton, 83 Neb. 782 ; Moran v. Moran, 101 Neb. 386 .

11928–1928

Where else courts name it

TX 228 (1917–2026) CA 201 (1936–2026) PA 107 (1902–2026) MI 91 (1918–2025) WV 90 (1943–2025) CT 81 (1960–2025) NJ 65 (1950–2025) NY 63 (1889–2024) MD 61 (1959–2022) FL 57 (1935–2023) IL 55 (1914–2025) LA 41 (1913–2023) WA 37 (1913–2026) OR 33 (1914–2025) OH 30 (1935–2025) AZ 25 (1944–2025) IA 25 (1950–2024) WI 24 (1971–2023) KS 23 (1958–2021) RI 22 (1976–2020) CO 20 (1949–2019) NM 19 (1969–2026) NC 19 (1976–2026) KY 18 (1963–2024) MS 16 (1968–2017) AK 15 (1969–2024) AL 15 (1922–2013) UT 14 (1988–2025) MN 14 (1884–2025) IN 13 (1942–2024) ME 12 (1961–2021) WY 12 (1978–2010) TN 11 (1955–2021) GA 11 (1987–2020) DC 11 (1972–2015) MO 11 (1979–2019) VA 11 (1996–2024) ID 10 (1980–2019) NE 9 (1928–2014) OK 9 (1960–2015) NH 9 (1927–2022) VT 8 (1932–2025) MT 8 (1921–2026) DE 7 (1963–1995) MA 7 (1966–2025) SC 7 (1938–2023) NV 6 (1952–2021) AR 5 (1945–2019) HI 5 (1981–2019) ND 5 (1974–2014) SD 3 (1984–2017) VI 3 (1978–2016) PR 3 (1937–2014)

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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