amendment creates presumption (Illinois) · Go Syfert
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amendment creates presumption in Illinois

8 Illinois opinions name it 2 courts 1938–2000 0 in the last five years

The cases below were cited by Illinois 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
People v. Nunngreen
ill · 1979 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000Citing People v. Nunn, 77 Ill. 2d 243, 248 (1979), the defendant argues that the fact of the amendment creates a presumption that the legislature intended to change the law as it previously existed and, therefore, that the prior version of the solicitation statute is not violated if the accused solicits via computer.

2000Citing People v. Nunn , 77 Ill. 2d 243, 248 (1979), the defendant argues that the fact of the amendment creates a presumption that the legislature intended to change the law as it previously existed and, therefore, that the prior version of the solicitation statute is not violated if the accused solicits via computer.

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Scribner v. Sachs green
ill · 1960
2 sentences

1976While not necessarily controlling, “an amendment creates a presumption that it was intended to change the law as it formerly existed.” (Scribner v. Sachs (1960), 18 Ill.2d 400, 411 .) “The function of this court is to construe the statute in accordance with the normal import of the words used, whatever its opinion may be regarding the desirability of results produced by the operation of the statute.” (People ex rel.

1974As stated in Scribner: “It is true that an amendment creates a presumption that it was intended to change the law as it formerly existed, [citations] but this presumption is not necessarily controlling and may be overcome by more persuasive considerations.” 18 Ill.2d at 411 .

31974–1978
Bruni v. Department of Registration & Education green
ill · 1974
2 sentences

1979Bruni v. Department of Registration and Education (1974), 59 Ill. 2d 6, 12 , 319 N.E.2d 37, 40 .

1979Bruni v. Department of Registration and Education (1974), 59 Ill. 2d 6, 12 , 319 N.E.2d 37, 40 .

21978–1979
People Ex Rel. Carruthers v. Cooper neutral
ill · 1949
1 sentence

1976Carruthers v. Cooper (1949), 404 Ill. 395, 400 .) It seems clear, if the amendatory language is accepted at face value, that it was intended to eliminate existing authority of the circuit court, where no final administrative decision had occurred, to hear the merits of those cases in which a taxpayer had the statutory right to file a claim for credit with the department, officer or agency to whom the payment was originally made and the disposition of that claim for credit was judicially reviewable under the Administrative Review Act.

11976–1976
McLaughlin v. the People green
ill · 1949
2 sentences

1960It is true that an amendment creates a presumption that it was intended to change the law as it formerly existed, ( McLaughlin v. People, 403 Ill. 493 ; Acme Fireworks Corp. v. Bibb, 6 Ill.2d 112 ,) but this presumption is not necessarily controlling and may be overcome by more persuasive considerations. (50 Am.

1960It is true that an amendment creates a presumption that it was intended to change the law as it formerly existed, (McLaughlin v. People, 403 Ill. 493 ; Acme Fireworks Corp. v. Bibb, 6 Ill. 2d 112 ,) but this presumption is "not necessarily controlling and may be overcome by more persuasive considerations. (50 Am.

11960–1960
Acme Fireworks Corp. v. Bibb green
ill · 1955
2 sentences

1960It is true that an amendment creates a presumption that it was intended to change the law as it formerly existed, ( McLaughlin v. People, 403 Ill. 493 ; Acme Fireworks Corp. v. Bibb, 6 Ill.2d 112 ,) but this presumption is not necessarily controlling and may be overcome by more persuasive considerations. (50 Am.

1960It is true that an amendment creates a presumption that it was intended to change the law as it formerly existed, (McLaughlin v. People, 403 Ill. 493 ; Acme Fireworks Corp. v. Bibb, 6 Ill. 2d 112 ,) but this presumption is "not necessarily controlling and may be overcome by more persuasive considerations. (50 Am.

11960–1960
Church of the Holy Trinity v. United States green
scotus · 1892
1 sentence

1938Anno., 2d ed., p. 63; Holy Trinity Church v. United States, 143 U. S. 457 -463; and point out that the very fact that a change was made in the phraseology of the law by an amendment creates the presumption that it was intended to change the law as it formerly existed.

11938–1938
United States v. Bashaw green
ca8 · 1892
1 sentence

1938United States v. Bashaw, 50 Fed. 749 ( 8 C.

11938–1938

Where else courts name it

WA 8 (1995–2018) IL 8 (1938–2000) MN 3 (1984–1988)

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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