subject matter inquiry (Rhode Island) · Go Syfert
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subject matter inquiry in Rhode Island

9 Rhode Island opinions name it 2 courts 1909–2012 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 (7)

CaseFollowedCited
Barenbaum v. Richardsongreen
ri · 1974 · cited in 4 Rhode Island opinions naming this issue, 1979–1992
2 sentences

1979In Barenbaum v. Richardson, 114 R.I. 87, 90-91 , 328 A.2d 731, 733 (1974), we explicated the relevant considerations: “The use of expert testimony arises from a need which comes in turn from the fact that the subject matter of the inquiry is one involving special skills and training beyond the ken of the average layman.

1979In Barenbaum v. Richardson, 114 R.I. 87, 90-91 , 328 A.2d 731, 733 (1974), we explicated the relevant considerations: “The use of expert testimony arises from a need which comes in turn from the fact that the subject matter of the inquiry is one involving special skills and training beyond the ken of the average layman.

44
Goldberg v. Kellygreen
scotus · 1970 · cited in 2 Rhode Island opinions naming this issue, 2002–2012
2 sentences

2002Justice Fortunato explained that "the seminal case of Goldberg v. Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), . . . taught [us] that `the fundamental requisite of due process of law is the opportunity to be heard.' Goldberg draws for its teaching of this basic tenet of American jurisprudence . . . that a hearing must be `at a meaningful time and in a meaningful manner.' It is elementary that for the opportunity to be heard to be meaningful, one should be forewarned as to the subject matter of the hearing with sufficient detail regarding official concerns so that an intelligent

2002Justice Fortunato explained that "the seminal case of Goldberg v. Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), . . . taught [us] that `the fundamental requisite of due process of law is the opportunity to be heard.' Goldberg draws for its teaching of this basic tenet of American jurisprudence . . . that a hearing must be `at a meaningful time and in a meaningful manner.' It is elementary that for the opportunity to be heard to be meaningful, one should be forewarned as to the subject matter of the hearing with sufficient detail regarding official concerns so that an intelligent

12
Avanzo v. Rhode Island Department of Human Servicesgreen
ri · 1993 · cited in 1 Rhode Island opinions naming this issue, 2012–2012
1 sentence

2012See Avanzo v. Rhode Island Department of Human Services, 625 A.2d 208, 210-11 (R.I.1993) (citing Goldberg v. Kelly, 397 U.S. 254, 268-69 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970)).

11
State v. Castoregreen
ri · 1981 · cited in 1 Rhode Island opinions naming this issue, 1992–1992
1 sentence

1992If all the facts and circumstances can be accurately described to a jury and if the jury is as capable of comprehending and understanding such facts and drawing correct conclusions from them as is the expert, there is no necessity for the expert testimony.’ ” State v. Castore, 435 A.2d 321, 326 (R.I.1981) (quoting Barenbaum v. Richardson, 114 R.I. 87, 90-91 , 328 A.2d 731, 733 (1974)). *880 In the case at bar all the facts and the circumstances of the pipe’s alleged condition were accurately described by defendant, plaintiff, and plaintiff’s two witnesses.

11
Zawatsky v. Cohengreen
ri · 1983 · cited in 1 Rhode Island opinions naming this issue, 1986–1986
1 sentence

1986Zawatsky v. Cohen, 463 A.2d 210, 212 (R.I.1983); Allen v. State, 420 A.2d 70, 73 (R.I.1980); Barenbaum v. Richardson, 114 R.I. 87, 93 , 328 A.2d 731, 734 (1974).

11
Allen v. Stategreen
ri · 1980 · cited in 1 Rhode Island opinions naming this issue, 1986–1986
1 sentence

1986Zawatsky v. Cohen, 463 A.2d 210, 212 (R.I.1983); Allen v. State, 420 A.2d 70, 73 (R.I.1980); Barenbaum v. Richardson, 114 R.I. 87, 93 , 328 A.2d 731, 734 (1974).

11
State v. Porrarogreen
ri · 1979 · cited in 1 Rhode Island opinions naming this issue, 1981–1981
1 sentence

1981If all the facts and circumstances can be accurately described to a jury and if the jury is as capable of comprehending and understanding such facts and drawing correct conclusions from them as is the expert, there is no necessity for the expert testimony.” Barenbaum v. Richardson, 114 R.I. 87, 90-91 , 328 A.2d 731, 733 (1974); see also State v. Porraro, R.I. 404 A.2d 465 (1979); State v. Vargus, 118 R.I. 113 , 373 A.2d 150 (1977).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Harper & Row Publishers, Inc. v. Honorable Bernard M. Decker, United States District Judgegreen
ca7 · 1970 · cited in 1 Rhode Island opinions naming this issue, 2009–2009
2 sentences

2009Harper Row Publishers, Inc. , 423 F.2d at 492 .

2009See Harper Row Publishers, Inc. , 423 F.2d at 491 (declining to express an opinion with respect to "communications about matters to which they are virtually indistinguishable from bystander witnesses; employees who, almost fortuitously, observe events, which may generate liability on the part of the corporation"). 22 Indeed, pursuant to Super.

11

Also cited on this issue (5)

CaseCitedYears
Samaritan Foundation v. Goodfarb green
ariz · 1993
1 sentence

2009It will capture statements by employees who, because of their duties, are witnesses to the conduct of others." Id. 21 Accordingly, courts have applied a functional approach whereby the focus is on the nature, purpose, and context within which the communication occurs — thus fundamentally returning to the core elements of the attorney-client communications privilege.

12009–2009
State v. Vargus green
ri · 1977
2 sentences

1981If all the facts and circumstances can be accurately described to a jury and if the jury is as capable of comprehending and understanding such facts and drawing correct conclusions from them as is the expert, there is no necessity for the expert testimony.” Barenbaum v. Richardson, 114 R.I. 87, 90-91 , 328 A.2d 731, 733 (1974); see also State v. Porraro, R.I. 404 A.2d 465 (1979); State v. Vargus, 118 R.I. 113 , 373 A.2d 150 (1977).

1981If all the facts and circumstances can be accurately described to a jury and if the jury is as capable of comprehending and understanding such facts and drawing correct conclusions from them as is the expert, there is no necessity for the expert testimony.” Barenbaum v. Richardson, 114 R.I. 87, 90-91 , 328 A.2d 731, 733 (1974); see also State v. Porraro, R.I. 404 A.2d 465 (1979); State v. Vargus, 118 R.I. 113 , 373 A.2d 150 (1977).

11981–1981
McCarthy v. McAloon green
ri · 1951
2 sentences

1980For this proposition they cite Baker v. Carr, 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 (1962), and McCarthy v. McAloon, 79 R.I. 55 , 83 A.2d 75 (1951).

1980For this proposition they cite Baker v. Carr, 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 (1962), and McCarthy v. McAloon, 79 R.I. 55 , 83 A.2d 75 (1951).

11980–1980
Baker v. Carr green
scotus · 1962
2 sentences

1980For this proposition they cite Baker v. Carr, 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 (1962), and McCarthy v. McAloon, 79 R.I. 55 , 83 A.2d 75 (1951).

1980For this proposition they cite Baker v. Carr, 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 (1962), and McCarthy v. McAloon, 79 R.I. 55 , 83 A.2d 75 (1951).

11980–1980
Bunnell v. Butler neutral
conn · 1854
1 sentence

1909To the law this is a tangible thing; it is property in the highest sense; and we are not aware that in actions for injuries to property courts have assumed the right, either to prevent the plaintiff from establishing the value thereof at the highest possible point to which he could carry it by the power of testimony, or the defendant from diminishing it by the same means; and actions for injuries to character are not exceptions. “ It is true that in Bunnell v. Butler, 23 Conn. 65 , this court sanctioned a limitation upon the number of witnesses to be heard in the matter of the impeachment of t

11909–1909

Where else courts name it

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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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