four part test (Maryland) · Go Syfert
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four part test in Maryland

8 Maryland opinions name it 2 courts 1982–2016 0 in the last five years

The cases below were cited by Maryland 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 (5)

CaseFollowedCited
Vc v. Mjbgreen
nj · 2000 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016To determine whether one is a de facto parent, the Court of Special Appeals adopted a four- part test first articulated by the Wisconsin Supreme Court in In re Custody of H.S.H.-K., 533 N.W.2d 419 , 421 (Wisc. 1995): In determining whether one is a de facto parent, we employ the test enunciated in In re Custody of H.S.H.-K., 193 Wis.2d 649 , 533 N.W.2d 419 (1995), and V.C. v. M.J.B., 163 N.J. 200 , 748 A.2d 539 (2000).

2016To determine whether one is a de facto parent, the Court of Special Appeals adopted a four- part test first articulated by the Wisconsin Supreme Court in In re Custody of H.S.H.-K., 533 N.W.2d 419 , 421 (Wisc. 1995): In determining whether one is a de facto parent, we employ the test enunciated in In re Custody of H.S.H.-K., 193 Wis.2d 649 , 533 N.W.2d 419 (1995), and V.C. v. M.J.B., 163 N.J. 200 , 748 A.2d 539 (2000).

11
In Re Thomas J.green
md · 2002 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003In In re Thomas 372 Md. 50, 70 , 811 A.2d 310, 322 (2002), this Court held that, “as a matter of fundamental fairness ..., the Due Process Clause of the Fourteenth Amendment and Article 21 of the Maryland Declaration of Rights require that juveniles be afforded a speedy trial.” As we have done in criminal prosecutions and, consistent with our sister jurisdictions that have expanded the speedy trial right to juveniles, we adopted the four part test enunciated in Barker v. Wingo, 407 U.S. 514, 530-32 , 92 S.Ct. 2182, 2192-93 , 33 L.Ed.2d 101, 115-117 (1972), to determine whether the juvenile in

2003In In re Thomas 372 Md. 50, 70 , 811 A.2d 310, 322 (2002), this Court held that, “as a matter of fundamental fairness ..., the Due Process Clause of the Fourteenth Amendment and Article 21 of the Maryland Declaration of Rights require that juveniles be afforded a speedy trial.” As we have done in criminal prosecutions and, consistent with our sister jurisdictions that have expanded the speedy trial right to juveniles, we adopted the four part test enunciated in Barker v. Wingo, 407 U.S. 514, 530-32 , 92 S.Ct. 2182, 2192-93 , 33 L.Ed.2d 101, 115-117 (1972), to determine whether the juvenile in

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003In In re Thomas 372 Md. 50, 70 , 811 A.2d 310, 322 (2002), this Court held that, “as a matter of fundamental fairness ..., the Due Process Clause of the Fourteenth Amendment and Article 21 of the Maryland Declaration of Rights require that juveniles be afforded a speedy trial.” As we have done in criminal prosecutions and, consistent with our sister jurisdictions that have expanded the speedy trial right to juveniles, we adopted the four part test enunciated in Barker v. Wingo, 407 U.S. 514, 530-32 , 92 S.Ct. 2182, 2192-93 , 33 L.Ed.2d 101, 115-117 (1972), to determine whether the juvenile in

2003In In re Thomas 372 Md. 50, 70 , 811 A.2d 310, 322 (2002), this Court held that, “as a matter of fundamental fairness ..., the Due Process Clause of the Fourteenth Amendment and Article 21 of the Maryland Declaration of Rights require that juveniles be afforded a speedy trial.” As we have done in criminal prosecutions and, consistent with our sister jurisdictions that have expanded the speedy trial right to juveniles, we adopted the four part test enunciated in Barker v. Wingo, 407 U.S. 514, 530-32 , 92 S.Ct. 2182, 2192-93 , 33 L.Ed.2d 101, 115-117 (1972), to determine whether the juvenile in

11
Stewart v. Tuligreen
mdctspecapp · 1990 · cited in 1 Maryland opinions naming this issue, 1991–1991
2 sentences

1991We listed the four requirements as: (1) the application for intervention must be timely; (2) the applicant must have an interest in the subject matter of the action; (3) disposition of the action would at least potentially impair the applicant’s ability to protect its interest; and (4) the applicant’s interest must be inadequately represented by existing parties. *567 69 Md.App. at 622 , 519 A.2d 219 ; see also Stewart v. Tuli, 82 Md.App. 726, 730 , 573 A.2d 109 (1990).

1991We listed the four requirements as: (1) the application for intervention must be timely; (2) the applicant must have an interest in the subject matter of the action; (3) disposition of the action would at least potentially impair the applicant’s ability to protect its interest; and (4) the applicant’s interest must be inadequately represented by existing parties. *567 69 Md.App. at 622 , 519 A.2d 219 ; see also Stewart v. Tuli, 82 Md.App. 726, 730 , 573 A.2d 109 (1990).

11
Rocks v. Brosiusgreen
md · 1966 · cited in 1 Maryland opinions naming this issue, 1982–1982
2 sentences

1982The appellant cites Franzen v. Dubinok, 290 Md. 65 , as authority for the general rule "that a party may lose the right to appeal if that party voluntarily and intentionally accepts a benefit from, acquiesces in, or recognizes the validity of the judgment or decree being appealed or acts in a manner inconsistent with the maintenance of an appeal.” The Franzen court cited and quoted this general rule from Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531, 541 (1966) and concluded, "... that a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally preclud

1982The appellant cites Franzen v. Dubinok, 290 Md. 65 , as authority for the general rule "that a party may lose the right to appeal if that party voluntarily and intentionally accepts a benefit from, acquiesces in, or recognizes the validity of the judgment or decree being appealed or acts in a manner inconsistent with the maintenance of an appeal.” The Franzen court cited and quoted this general rule from Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531, 541 (1966) and concluded, "... that a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally preclud

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Complete Auto Transit, Inc. v. Brady green
scotus · 1977
2 sentences

1989The Court laid down a four part test to determine if the State could impose a tax for the privilege of doing business within the State: (1) whether the taxpayer’s activity had a substantial nexus with the taxing state; (2) whether the tax was fairly apportioned; (3) whether the tax was non-discriminatory against interstate commerce; and (4) whether the tax fairly related to benefits provided by the State. 430 U.S. at 287 , 97 S.Ct. at 1083 , 51 L.Ed.2d at 336 .

1989The Court laid down a four part test to determine if the State could impose a tax for the privilege of doing business within the State: (1) whether the taxpayer's activity had a substantial nexus with the taxing state; (2) whether the tax was fairly apportioned; (3) whether the tax was non-discriminatory against interstate commerce; and (4) whether the tax fairly related to benefits provided by the State. 430 U.S. at 287 , 97 S.Ct. at 1083 , 51 L.Ed.2d at 336 .

21989–1989
In Re Custody of HSHK green
wis · 1995
2 sentences

2016To determine whether one is a de facto parent, the Court of Special Appeals adopted a four- part test first articulated by the Wisconsin Supreme Court in In re Custody of H.S.H.-K., 533 N.W.2d 419 , 421 (Wisc. 1995): In determining whether one is a de facto parent, we employ the test enunciated in In re Custody of H.S.H.-K., 193 Wis.2d 649 , 533 N.W.2d 419 (1995), and V.C. v. M.J.B., 163 N.J. 200 , 748 A.2d 539 (2000).

2016To determine whether one is a de facto parent, the Court of Special Appeals adopted a four- part test first articulated by the Wisconsin Supreme Court in In re Custody of H.S.H.-K., 533 N.W.2d 419 , 421 (Wisc. 1995): In determining whether one is a de facto parent, we employ the test enunciated in In re Custody of H.S.H.-K., 193 Wis.2d 649 , 533 N.W.2d 419 (1995), and V.C. v. M.J.B., 163 N.J. 200 , 748 A.2d 539 (2000).

12016–2016
United States v. O'Brien green
scotus · 1968
2 sentences

2010Thus, United States v. O’Brien, 391 U.S. 367 [ 88 S.Ct. 1673 , 20 L.Ed.2d 672 ] (1968), provides the applicable legal test for determining the constitutionality of the statutes.[ 3 ] O’Brien establishes a four part test for evaluating the constitutionality of regulations that target noncommunicative acts, but have the incidental effect of suppressing speech.

2010Thus, United States v. O’Brien, 391 U.S. 367 [ 88 S.Ct. 1673 , 20 L.Ed.2d 672 ] (1968), provides the applicable legal test for determining the constitutionality of the statutes.[ 3 ] O’Brien establishes a four part test for evaluating the constitutionality of regulations that target noncommunicative acts, but have the incidental effect of suppressing speech.

12010–2010
Pavel Enterprises, Inc. v. AS Johnson Co., Inc. green
md · 1996
2 sentences

2002Pavel, 342 Md. at 166 , 674 A.2d 521 .

2002Pavel, 342 Md. at 166 , 674 A.2d 521 .

12002–2002
Hartford Insurance v. Birdsong green
mdctspecapp · 1987
2 sentences

1991Co. v. Birdsong, 69 Md.App. 615 , 519 A.2d 219 (1987), aff'd on reconsideration, 78 Md.App. 343 , 553 A.2d 251 (1989), we adopted the four part test devised by the federal appellate courts for determining whether intervention as a matter of right is justified in a particular case.

1991Co. v. Birdsong, 69 Md.App. 615 , 519 A.2d 219 (1987), aff'd on reconsideration, 78 Md.App. 343 , 553 A.2d 251 (1989), we adopted the four part test devised by the federal appellate courts for determining whether intervention as a matter of right is justified in a particular case.

11991–1991
Hartford Accident and Indemnity Ins. Co. v. Birdsong green
mdctspecapp · 1989
2 sentences

1991Co. v. Birdsong, 69 Md.App. 615 , 519 A.2d 219 (1987), aff'd on reconsideration, 78 Md.App. 343 , 553 A.2d 251 (1989), we adopted the four part test devised by the federal appellate courts for determining whether intervention as a matter of right is justified in a particular case.

1991Co. v. Birdsong, 69 Md.App. 615 , 519 A.2d 219 (1987), aff'd on reconsideration, 78 Md.App. 343 , 553 A.2d 251 (1989), we adopted the four part test devised by the federal appellate courts for determining whether intervention as a matter of right is justified in a particular case.

11991–1991
Franzen v. Dubinok green
md · 1981
1 sentence

1982The appellant cites Franzen v. Dubinok, 290 Md. 65 , as authority for the general rule "that a party may lose the right to appeal if that party voluntarily and intentionally accepts a benefit from, acquiesces in, or recognizes the validity of the judgment or decree being appealed or acts in a manner inconsistent with the maintenance of an appeal.” The Franzen court cited and quoted this general rule from Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531, 541 (1966) and concluded, "... that a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally preclud

11982–1982

Where else courts name it

PA 408 (1973–2026) CT 81 (1984–2024) WA 21 (2001–2019) LA 20 (1985–2010) OH 17 (1990–2024) FL 13 (1981–2017) NJ 12 (1986–2021) VA 10 (1986–2025) TX 10 (1986–2021) MO 8 (1985–2016) MD 8 (1982–2016) MS 7 (1992–2021) CO 7 (1991–2025) SD 6 (1991–2022) DE 6 (1988–2020) GA 5 (2004–2018) IN 5 (1996–2020) ME 5 (1996–2021) WY 4 (1997–2008) MT 4 (1981–2023) OR 4 (1980–2025) WV 4 (1985–2005) TN 3 (1998–2001) ID 3 (1996–2026) NC 3 (1989–2014) OK 3 (1987–2011) IL 3 (1998–2020) MI 3 (1989–2023) KY 3 (1995–2023) AK 3 (1983–1992) SC 3 (1991–2013) MN 3 (1985–1989) AZ 2 (2023–2024) AR 2 (1992–2025) NY 2 (2011–2012) MA 2 (1987–2007)

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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