misapplied standard (Illinois) · Go Syfert
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misapplied standard in Illinois

8 Illinois opinions name it 1 courts 1979–2023 1 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 (2)

CaseFollowedCited
People v. Merriweathergreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., People v. Merriweather, 2022 IL App (4th) 210498, ¶ 26 . ¶ 60 Generally speaking, the law respecting riparian rights provides that, “where there are multiple owners of the bed of a private, nonnavigable lake, such owners and their licensees have the right to the reasonable use and enjoyment of the surface waters of the entire lake” so long as they do not “unduly interfere with the reasonable use of the waters by other owners and their licensees.” Beacham v. Lake Zurich Property Owners Ass’n, 123 Ill. 2d 227, 232 (1988).

11
Beacham v. Lake Zurich Property Owners Ass'ngreen
ill · 1988 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., People v. Merriweather, 2022 IL App (4th) 210498, ¶ 26 . ¶ 60 Generally speaking, the law respecting riparian rights provides that, “where there are multiple owners of the bed of a private, nonnavigable lake, such owners and their licensees have the right to the reasonable use and enjoyment of the surface waters of the entire lake” so long as they do not “unduly interfere with the reasonable use of the waters by other owners and their licensees.” Beacham v. Lake Zurich Property Owners Ass’n, 123 Ill. 2d 227, 232 (1988).

11

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 (5)

CaseCitedYears
Kennell v. Clayton Township green
illappct · 1992
2 sentences

2017Specifically, Monson contends that in this case “the immunities afforded by [sections] 2-109 and *** 2-201 (general provisions) are superseded by the exceptions to immunity found within [section] 3-102 (a particular provision).” We reject Monson’s contention as it reveals a fundamental misunderstanding of those specific statutory provisions of the Act. ¶ 29 In Kennell v. Clayton Township, 239 Ill.

2017Specifically, Monson contends that in this case “the immunities afforded by [sections] 2-109 and *** 2-201 (general provisions) are superseded by the exceptions to immunity found within [section] 3-102 (a particular provision).” We reject Monson’s contention as it reveals a fundamental misunderstanding of those specific statutory provisions of the Act. ¶ 29 In Kennel v. Clayton Township, 239 Ill.

22017–2017
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2006In Apprendi, the United States Supreme Court held: "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.@ Apprendi, 530 U.S. at 490 , 147 L.

2006In Apprendi, the United States Supreme Court held: “Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Apprendi, 530 U.S. at 490 , 147 L.

22006–2006
Done Bros. v. Taussig green
· 1886
1 sentence

1988Our supreme court has stated: “Rights are said to be merged when the same person who is bound to pay is also entitled to receive.” (Donk Brothers & Co. v. Alexander & Taussig (1886), 117 Ill. 330, 338 , 7 N.E. 672 .) Once plaintiff purchased the note he was entitled to receive the payments on the note, and under the terms of the guarantee agreement he was liable for payment of the entire amount of the note.

11988–1988
People v. Holmes green
ill · 1978
2 sentences

1983Defendants argue that the trial court misapplied the standard for attacking a jury verdict enunciated in People v. Holmes (1978), 69 Ill. 2d 507 , 372 N.E.2d 656 .

1983Defendants argue that the trial court misapplied the standard for attacking a jury verdict enunciated in People v. Holmes (1978), 69 Ill. 2d 507 , 372 N.E.2d 656 .

11983–1983
Forney v. Calvin neutral
illappct · 1975
2 sentences

1979Plaintiff maintains that the court misapplied the requirement of evidentiary foundation for hypothetical questions in that the test of whether there was sufficient undisputed physical evidence to provide the necessary basic data for the application of scientific principles does not preclude an expert from inferring from facts in evidence other facts which his expertise assures him exist and then basing his opinion upon the cumulation of such facts, relying upon Forney v. Calvin (1975), 35 Ill.

1979App. 3d 32, 38 , 340 N.E.2d 603 .

11979–1979

Where else courts name it

CA 20 (1993–2025) OH 13 (1999–2026) MI 10 (1928–2020) UT 9 (1990–2025) IL 8 (1979–2023) FL 7 (1991–2016) NJ 7 (2009–2026) PA 7 (2008–2023) OR 6 (1993–2021) AZ 5 (2007–2026) MD 5 (1989–2019) AL 5 (2003–2013) NC 4 (1982–2022) MN 4 (1913–1992) LA 4 (1986–2000) GA 4 (2001–2019) TN 4 (2012–2022) NH 3 (1980–2023) ME 3 (2001–2007) CO 3 (1982–2016) NY 3 (2013–2013) TX 3 (2014–2023) OK 3 (1963–2006) SD 3 (1984–2017) IN 2 (1980–1998) VT 2 (2011–2015) WA 2 (2015–2024) KY 2 (2016–2022) IA 2 (2020–2024) ND 2 (1992–2001) WV 2 (2021–2021)

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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