explicit instruction (Vermont) · Go Syfert
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explicit instruction in Vermont

9 Vermont opinions name it 2 courts 1962–2014 0 in the last five years

The cases below were cited by Vermont 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
Agway, Inc. v. Graygreen
vt · 1997 · cited in 1 Vermont opinions naming this issue, 2003–2003
1 sentence

2003Cf. Agway v. Gray, 167 Vt. 313, 319 (1997) (suggesting that preclusion does not apply to a permissive counterclaim that is not litigated).

11
People v. Burgessgreen
michctapp · 1980 · cited in 1 Vermont opinions naming this issue, 1992–1992
2 sentences

1992See People v. Burgess, 96 Mich. App. 390, 399-400 , 292 N.W.2d 209, 213 (1980) (although court should have made the distinction between the mental states required by express and implied malice, its failure to do so was not plain error considering the evidence of *521 intent to kill and the court’s instruction that the evidence must show “a preconceived design to ‘take the victim’s life’ ”).

1992See People v. Burgess, 96 Mich. App. 390, 399-400 , 292 N.W.2d 209, 213 (1980) (although court should have made the distinction between the mental states required by express and implied malice, its failure to do so was not plain error considering the evidence of *521 intent to kill and the court’s instruction that the evidence must show “a preconceived design to ‘take the victim’s life’ ”).

11
Gantt v. Sissellgreen
ark · 1954 · cited in 1 Vermont opinions naming this issue, 1990–1990
2 sentences

1990The plaintiff was not unduly prejudiced by these inadvertent errors.” Id.; see also Gantt v. Sissell, 222 Ark. 902, 907 , 263 S.W.2d 916, 919 (1954).

1990The plaintiff was not unduly prejudiced by these inadvertent errors.” Id.; see also Gantt v. Sissell, 222 Ark. 902, 907 , 263 S.W.2d 916, 919 (1954).

11
Cody v. Marcel Electric Co.green
michctapp · 1976 · cited in 1 Vermont opinions naming this issue, 1990–1990
2 sentences

1990But the single reference to “the” proximate cause came at the outset of the instruction and was followed by at least eight references to “a” proximate cause or to other language that clearly conveyed the sense of that use of the indefinite article. 2 The instruction is *237 close to that in Cody v. Marcel Electric Co., 71 Mich. App. 714, 720 , 248 N.W.2d 663, 667 (1976), where the court held it was harmless error to include a single use of the phrase “the proximate cause” where “[t]he jury was clearly instructed that there may be more than one proximate cause and that if a defendant’s conduct

1990But the single reference to “the” proximate cause came at the outset of the instruction and was followed by at least eight references to “a” proximate cause or to other language that clearly conveyed the sense of that use of the indefinite article. 2 The instruction is *237 close to that in Cody v. Marcel Electric Co., 71 Mich. App. 714, 720 , 248 N.W.2d 663, 667 (1976), where the court held it was harmless error to include a single use of the phrase “the proximate cause” where “[t]he jury was clearly instructed that there may be more than one proximate cause and that if a defendant’s conduct

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Harsch Properties, Inc. v. Nicholas green
vt · 2007
2 sentences

2014These proposed instructions described plaintiffs contract theory as: “Plaintiff alleges that the Ordinance and policies adopted by the Town pursuant to the same require that the Defendant properly perform water disconnections, that the Town provide contemporaneous notice of disconnection, and that the Town confirm that said water disconnections were done properly.” She requested an explicit instruction on the covenant of good faith and fair dealing, with a quote describing the covenant primarily from our decision in Harsch Props., Inc. v. Nicholas, 2007 VT 70 , ¶¶ 14-18, 182 Vt. 196 , 932 A.2d

2014These proposed instructions described plaintiffs contract theory as: “Plaintiff alleges that the Ordinance and policies adopted by the Town pursuant to the same require that the Defendant properly perform water disconnections, that the Town provide contemporaneous notice of disconnection, and that the Town confirm that said water disconnections were done properly.” She requested an explicit instruction on the covenant of good faith and fair dealing, with a quote describing the covenant primarily from our decision in Harsch Props., Inc. v. Nicholas, 2007 VT 70 , ¶¶ 14-18, 182 Vt. 196 , 932 A.2d

12014–2014
In Re Kostenblatt green
vt · 1994
1 sentence

2007Id.

12007–2007
Gazo v. Gazo green
vt · 1997
1 sentence

1997Our decision is based on the statute’s explicit requirement that court must “award parental rights and responsibilities primarily or solely to one parent.” Id.

11997–1997
State v. Sims green
vt · 1991
1 sentence

1996The rule goes on, however, to say that “[ejvidence to prove personal knowledge may, but need not, consist of the testimony of the witness h[er]self.” Id.

11996–1996
Garrity v. New Jersey green
scotus · 1967
1 sentence

1996This is the narrow holding of Garrity. 385 U.S. at 500 .

11996–1996
Hemmenway v. Corey neutral
vt · 1844
1 sentence

1962S. 1840, Chap. 44, §28) and the Court’s interpretation reaffirmed in Hemmenway v. Corey, 16 Vt. 225, 227 .

11962–1962

Where else courts name it

CA 124 (1919–2026) IL 90 (1902–2026) NY 72 (1878–2026) TX 72 (1978–2026) PA 65 (1931–2025) IA 47 (1873–2024) WA 42 (1965–2026) MA 31 (1979–2026) CT 31 (1821–2026) OH 30 (1993–2025) NC 25 (1889–2026) MI 24 (1923–2026) DC 23 (1978–2019) TN 22 (1933–2026) NJ 22 (1975–2024) AZ 22 (1956–2025) FL 21 (1988–2022) NM 18 (1978–2026) MO 16 (1858–2024) AL 15 (1861–2024) WI 15 (1978–2020) IN 15 (1979–2019) MS 15 (1882–2024) KY 14 (1935–2025) LA 14 (1903–2018) MN 13 (1985–2025) MD 13 (1872–2013) VA 12 (1930–2026) OR 11 (1968–2023) DE 11 (1975–2026) CO 11 (1981–2014) GA 10 (1999–2025) OK 10 (1915–2025) UT 10 (2001–2025) NE 10 (1940–2026) HI 9 (1955–2026) VT 9 (1962–2014) AK 8 (1987–2025) KS 8 (2001–2024) ME 8 (1990–2025) MT 8 (2005–2025) NV 6 (1879–2022) SC 6 (1981–2016) SD 6 (1924–2014) AR 5 (1898–2009) NH 4 (1991–2025) WY 4 (1992–2012) ND 4 (1977–2018) ID 4 (1968–2024) WV 2 (1995–1996) VI 2 (1997–2003)

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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