party may not assert error (Illinois) · Go Syfert
← Illinois issues

party may not assert error in Illinois

8 Illinois opinions name it 2 courts 1976–1986 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
Ervin v. Sears, Roebuck & Co.green
ill · 1976 · cited in 5 Illinois opinions naming this issue, 1977–1986
2 sentences

1986See Erwin v. Sears, Roebuck & Co. (1976), 65 Ill. 2d 140 (a party may not assert error on the basis of an instruction which he has caused to be given to the jury); Country Life Insurance Co. v. Goffinet (1969), 117 Ill.

1984In Ervin v. Sears, Roebuck & Co. (1976), 65 Ill. 2d 140, 144 , 357 N.E.2d 500 , our supreme court stated: “The rule is well settled that a party may not assert error on the basis of instructions which he has caused to be given to the jury. [Citations.] The rationale of this rule is obvious.

15

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 (8)

CaseCitedYears
The PEOPLE v. Riley green
ill · 1964
2 sentences

1977(See People v. Riley (1964), 31 Ill. 2d 490, 496 .) Here the jury was given two instructions defining the elements requisite for a finding of guilty.

1976(People v. Riley (1964), 31 Ill. 2d 490, 496 ; Noncek v. Ram Tool Corp. (1970), 129 Ill.

21976–1977
Country Life Insurance v. Goffinet green
illappct · 1969
2 sentences

1986See Erwin v. Sears, Roebuck & Co. (1976), 65 Ill. 2d 140 (a party may not assert error on the basis of an instruction which he has caused to be given to the jury); Country Life Insurance Co. v. Goffinet (1969), 117 Ill.

1986App. 2d 338 , 254 N.E.2d 281 (party precluded from objecting to instruction which contained same language as that given to jury on voir dire by agreement of the parties).

11986–1986
People v. Roberts green
ill · 1979
2 sentences

1984Although the failure to object to a jury instruction generally constitutes a waiver (People v. Roberts (1979), 75 Ill. 2d 1, 16 , 387 N.E.2d 331 ), where there are such grave errors in instructions as to affect the requirements of a fair and impartial trial, the plain error doctrine set forth in Supreme Court Rule 451(c) (87 Ill. 2d R. 451(c)) provides for a relaxation of the rule that a party may not assert error if he has caused or permitted an erroneous instruction to go to the jury.

1984Although the failure to object to a jury instruction generally constitutes a waiver (People v. Roberts (1979), 75 Ill. 2d 1, 16 , 387 N.E.2d 331 ), where there are such grave errors in instructions as to affect the requirements of a fair and impartial trial, the plain error doctrine set forth in Supreme Court Rule 451(c) (87 Ill. 2d R. 451(c)) provides for a relaxation of the rule that a party may not assert error if he has caused or permitted an erroneous instruction to go to the jury.

11984–1984
People v. Jenkins green
ill · 1977
2 sentences

1984(People v. Ogunsola (1981), 87 Ill. 2d 216, 222-23 , 429 N.E.2d 861 ; People v. Jenkins (1977), 69 Ill. 2d 61, 66 , 370 N.E.2d 532 ; People v. Martinez (1979), 76 Ill.

1984(People v. Ogunsola (1981), 87 Ill. 2d 216, 222-23 , 429 N.E.2d 861 ; People v. Jenkins (1977), 69 Ill. 2d 61, 66 , 370 N.E.2d 532 ; People v. Martinez (1979), 76 Ill.

11984–1984
People v. Ogunsola green
ill · 1981
2 sentences

1984(People v. Ogunsola (1981), 87 Ill. 2d 216, 222-23 , 429 N.E.2d 861 ; People v. Jenkins (1977), 69 Ill. 2d 61, 66 , 370 N.E.2d 532 ; People v. Martinez (1979), 76 Ill.

1984(People v. Ogunsola (1981), 87 Ill. 2d 216, 222-23 , 429 N.E.2d 861 ; People v. Jenkins (1977), 69 Ill. 2d 61, 66 , 370 N.E.2d 532 ; People v. Martinez (1979), 76 Ill.

11984–1984
People v. Martinez green
illappct · 1979
1 sentence

1984(People v. Ogunsola (1981), 87 Ill. 2d 216, 222-23 , 429 N.E.2d 861 ; People v. Jenkins (1977), 69 Ill. 2d 61, 66 , 370 N.E.2d 532 ; People v. Martinez (1979), 76 Ill.

11984–1984
Sola v. City of Chicago neutral
illappct · 1967
1 sentence

1981Ervin v. Sears Roebuck & Co. (1976), 65 Ill. 2d 140 , 357 N.E.2d 500 ; Sola v. City of Chicago (1967), 82 Ill.

11981–1981
Noncek v. Ram Tool Corp. green
illappct · 1970
1 sentence

1976(People v. Riley (1964), 31 Ill. 2d 490, 496 ; Noncek v. Ram Tool Corp. (1970), 129 Ill.

11976–1976

Where else courts name it

IL 8 (1976–1986) KS 8 (1976–2024) NC 3 (1989–2009) MO 2 (1992–1996) TX 2 (2000–2003)

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.

← Caselaw search · G Cite Topics · Brief Check