foundation claim (Vermont) · Go Syfert
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foundation claim in Vermont

9 Vermont opinions name it 2 courts 1883–2020 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 (6)

CaseFollowedCited
Fisher v. Fishergreen
michctapp · 1982 · cited in 1 Vermont opinions naming this issue, 2019–2019
1 sentence

2019Vermont “regards the protection of children as one of [our] most important responsibilities.” Eddy v. Eddy, 2003 VT 67, ¶ 11 , 175 Vt. 608 , 833 A.2d 1243 (mem.); see also Varnum v. Varnum, 155 Vt. 376, 384 , 586 A.2d 1107, 1111 (1990) (citing Fisher v. Fisher, 324 N.W.2d 582, 584 (Mich. Ct. App. 1982) (finding it “difficult” to conceive of a more compelling state interest)) (stating that “[t]here is no question that the societal interest in protecting and nurturing children is great”).

11
Varnum v. Varnumgreen
vt · 1990 · cited in 1 Vermont opinions naming this issue, 2019–2019
2 sentences

2019Vermont “regards the protection of children as one of [our] most important responsibilities.” Eddy v. Eddy, 2003 VT 67, ¶ 11 , 175 Vt. 608 , 833 A.2d 1243 (mem.); see also Varnum v. Varnum, 155 Vt. 376, 384 , 586 A.2d 1107, 1111 (1990) (citing Fisher v. Fisher, 324 N.W.2d 582, 584 (Mich. Ct. App. 1982) (finding it “difficult” to conceive of a more compelling state interest)) (stating that “[t]here is no question that the societal interest in protecting and nurturing children is great”).

2019Vermont “regards the protection of children as one of [our] most important responsibilities.” Eddy v. Eddy, 2003 VT 67, ¶ 11 , 175 Vt. 608 , 833 A.2d 1243 (mem.); see also Varnum v. Varnum, 155 Vt. 376, 384 , 586 A.2d 1107, 1111 (1990) (citing Fisher v. Fisher, 324 N.W.2d 582, 584 (Mich. Ct. App. 1982) (finding it “difficult” to conceive of a more compelling state interest)) (stating that “[t]here is no question that the societal interest in protecting and nurturing children is great”).

11
State v. Younggreen
vt · 1981 · cited in 1 Vermont opinions naming this issue, 2016–2016
2 sentences

2016First, under Rule 613(b), the “statements sought to be used for impeachment must first be brought to the attention of the witness and an opportunity provided for explanation or denial.” State v. Young, 139 Vt. 535, 538 , 433 A.2d 254, 256 (1981); see also 1 McCormick, supra, § 37, at 122-23 (noting this foundation requirement attempts to prevent jury from *188 treating the extrinsic statement as substantive evidence).

2016First, under Rule 613(b), the “statements sought to be used for impeachment must first be brought to the attention of the witness and an opportunity provided for explanation or denial.” State v. Young, 139 Vt. 535, 538 , 433 A.2d 254, 256 (1981); see also 1 McCormick, supra, § 37, at 122-23 (noting this foundation requirement attempts to prevent jury from *188 treating the extrinsic statement as substantive evidence).

11
Howard v. Chapmangreen
vt · 1928 · cited in 1 Vermont opinions naming this issue, 1935–1935
1 sentence

1935See State v. Lapan, 101 Vt. 124, 133 , 141 Atl. 686 .

11
State v. Lapangreen
vt · 1928 · cited in 1 Vermont opinions naming this issue, 1935–1935
1 sentence

1935See State v. Lapan, 101 Vt. 124, 133 , 141 Atl. 686 .

11
State v. Roundsgreen
vt · 1932 · cited in 1 Vermont opinions naming this issue, 1933–1933
2 sentences

1933Ryder v. Vermont Last Block Co., 91 Vt. 158, 167 , 99 Atl. 733 ; see State v. Rounds, 104 Vt. 442 , 160 Atl. 249, 253, 254 .

1933Ryder v. Vermont Last Block Co., 91 Vt. 158, 167 , 99 Atl. 733 ; see State v. Rounds, 104 Vt. 442 , 160 Atl. 249, 253, 254 .

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 (8)

CaseCitedYears
In Re Kostenblatt green
vt · 1994
1 sentence

2020The parties’ legal arguments regarding the Museum NOV are much the same as those previously addressed in our discussion of the Foundation’s motion above.16 For the reasons outlined on pages 12–14, we conclude that Condition 2 of the conditional use permit requires us to “determine the proposal presented [to the ZBA] to understand the permit requirements.”17 See Kostenblatt, 161 Vt. at 299 .

12020–2020
Grayned v. City of Rockford green
scotus · 1972
1 sentence

2020Id.

12020–2020
Wood v. Eddy green
vt · 2003
2 sentences

2019Vermont “regards the protection of children as one of [our] most important responsibilities.” Eddy v. Eddy, 2003 VT 67, ¶ 11 , 175 Vt. 608 , 833 A.2d 1243 (mem.); see also Varnum v. Varnum, 155 Vt. 376, 384 , 586 A.2d 1107, 1111 (1990) (citing Fisher v. Fisher, 324 N.W.2d 582, 584 (Mich. Ct. App. 1982) (finding it “difficult” to conceive of a more compelling state interest)) (stating that “[t]here is no question that the societal interest in protecting and nurturing children is great”).

2019Vermont “regards the protection of children as one of [our] most important responsibilities.” Eddy v. Eddy, 2003 VT 67, ¶ 11 , 175 Vt. 608 , 833 A.2d 1243 (mem.); see also Varnum v. Varnum, 155 Vt. 376, 384 , 586 A.2d 1107, 1111 (1990) (citing Fisher v. Fisher, 324 N.W.2d 582, 584 (Mich. Ct. App. 1982) (finding it “difficult” to conceive of a more compelling state interest)) (stating that “[t]here is no question that the societal interest in protecting and nurturing children is great”).

12019–2019
Stanhope v. LUMBERMENS MUTUAL INSURANCE CO. green
vt · 1990
2 sentences

1996There is no support for the proposition that the difference can eliminate the foundation requirement of Lander that the witness “aver that the statement accurately reflected his knowledge at the time of its making.” Lander, 155 Vt. at 645 , 582 A.2d at 128 .

1996There is no support for the proposition that the difference can eliminate the foundation requirement of Lander that the witness "aver that the statement accurately reflected his knowledge at the time of its making." Lander, 155 Vt. at 645 , 582 A.2d at 128 .

11996–1996
State v. Lander green
vt · 1990
2 sentences

1996There is no support for the proposition that the difference can eliminate the foundation requirement of Lander that the witness “aver that the statement accurately reflected his knowledge at the time of its making.” Lander, 155 Vt. at 645 , 582 A.2d at 128 .

1996There is no support for the proposition that the difference can eliminate the foundation requirement of Lander that the witness "aver that the statement accurately reflected his knowledge at the time of its making." Lander, 155 Vt. at 645 , 582 A.2d at 128 .

11996–1996
Howley v. Kantor green
vt · 1933
2 sentences

1964Howley v. Kantor, 105 Vt. 128, 133 , 163 Atl. 628 .

1964Howley v. Kantor, 105 Vt. 128, 133 , 163 Atl. 628 .

11964–1964
Ryder v. Vermont Last Block Co. green
· 1917
2 sentences

1933Ryder v. Vermont Last Block Co., 91 Vt. 158, 167 , 99 Atl. 733 ; see State v. Rounds, 104 Vt. 442 , 160 Atl. 249, 253, 254 .

1933Ryder v. Vermont Last Block Co., 91 Vt. 158, 167 , 99 Atl. 733 ; see State v. Rounds, 104 Vt. 442 , 160 Atl. 249, 253, 254 .

11933–1933
Ormsbee v. Howe neutral
vt · 1881
1 sentence

1883Ormsbee v. Howe, supra. It is probable the plaintiff in such a case would be liable for whatever expense he should cause the defendant by *the dishonest assertion of a false claim to extort* money.

11883–1883

Where else courts name it

CA 135 (1884–2026) NY 109 (1839–2025) TX 93 (1858–2025) IL 79 (1873–2025) CT 69 (1878–2024) MO 65 (1876–2022) PA 50 (1842–2026) GA 38 (1900–2025) WA 29 (1908–2025) MD 28 (1905–2019) IA 27 (1864–2019) AL 27 (1882–2013) OH 26 (1837–2023) NC 26 (1880–2026) KY 26 (1880–2014) MA 24 (1866–2019) MT 20 (1885–2012) FL 20 (1931–2024) NJ 19 (1911–2026) IN 18 (1865–2002) MI 17 (1831–2015) NM 17 (1897–2024) KS 17 (1896–2024) OR 16 (1886–2026) MN 16 (1897–2025) AZ 15 (1899–2024) VA 15 (1899–2021) MS 15 (1921–2022) HI 15 (1905–2021) LA 14 (1895–2013) ID 14 (1888–2025) UT 14 (1891–2024) WI 13 (1875–2025) OK 13 (1921–1998) WV 13 (1886–2022) CO 12 (1903–2026) NE 12 (1894–2024) TN 11 (1815–2015) VT 9 (1883–2020) DE 8 (1944–2026) ME 8 (1853–2006) SD 7 (1912–2004) DC 7 (1899–2009) SC 6 (1911–2018) WY 6 (1925–1997) ND 5 (1907–1980) AR 5 (1933–2015) NH 5 (1826–2012) AK 2 (1971–2006) NV 2 (1925–2026) RI 2 (1890–1893)

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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