elementary and fundamental requirement (Oregon) · Go Syfert
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elementary and fundamental requirement in Oregon

8 Oregon opinions name it 3 courts 1953–2020 0 in the last five years

The cases below were cited by Oregon 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
Mullane v. Central Hanover Bank & Trust Co.green
scotus · 1950 · cited in 4 Oregon opinions naming this issue, 1974–2020
2 sentences

2020See Mullane, 339 US at 314 (“An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice rea- sonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”).

1981The Court stated in Mullane: "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. * * * "* * * The reasonableness and hence the constitutional validity of any chosen method may be defended on the ground that it is in itself reasonably certain to inform those affected * * * or, where conditions do not reasonably permit such notice, that the form chosen is not s

14

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Layman v. State Unemployment Compensation Commission green
or · 1941
2 sentences

1973Com., 167 Or 379, 401 , 117 P2d 974 , 136 ALR 1468 (1941): “It is an elementary and fundamental principle, which no one will dispute, that a commission, created by the legislature to administer a statute, is wholly limited in its powers and authority by the law of its creation.

1973Com., 167 Or 379, 401 , 117 P2d 974 , 136 ALR 1468 (1941): “It is an elementary and fundamental principle, which no one will dispute, that a commission, created by the legislature to administer a statute, is wholly limited in its powers and authority by the law of its creation.

31953–1973
City of Eugene v. Lincoln green
orctapp · 2002
2 sentences

2020We do not understand defendant to argue that the affirmative defense statute, as applied to the facts of this case or on its face, violates the Due Process Clause.9 See, e.g., City of Eugene v. Lincoln, 183 Or App 36, 41 , 50 P3d 1253 (2002) (explain- ing that “[a] facial challenge asserts that lawmakers vio- lated the constitution when they enacted the ordinance; an as-applied challenge asserts that executive officials, including police and prosecutors, violated the constitution when they enforced the ordinance”).

2020We do not understand defendant to argue that the affirmative defense statute, as applied to the facts of this case or on its face, violates the Due Process Clause.9 See, e.g., City of Eugene v. Lincoln, 183 Or App 36, 41 , 50 P3d 1253 (2002) (explain- ing that “[a] facial challenge asserts that lawmakers vio- lated the constitution when they enacted the ordinance; an as-applied challenge asserts that executive officials, including police and prosecutors, violated the constitution when they enforced the ordinance”).

12020–2020
Roller v. Holly green
scotus · 1900
1 sentence

1976Milliken v. Meyer, 311 U.S. 457 ; Grannis v. Ordean, 234 U.S. 385 ; Priest v. Las Vegas, 232 U.S. 604 ; Roler v. Holly, 176 U.S. 398 .

11976–1976
Priest v. Trustees of Town of Las Vegas green
scotus · 1914
1 sentence

1976Milliken v. Meyer, 311 U.S. 457 ; Grannis v. Ordean, 234 U.S. 385 ; Priest v. Las Vegas, 232 U.S. 604 ; Roler v. Holly, 176 U.S. 398 .

11976–1976
Grannis v. Ordean green
scotus · 1914
1 sentence

1976Milliken v. Meyer, 311 U.S. 457 ; Grannis v. Ordean, 234 U.S. 385 ; Priest v. Las Vegas, 232 U.S. 604 ; Roler v. Holly, 176 U.S. 398 .

11976–1976
Milliken v. Meyer green
scotus · 1941
1 sentence

1976Milliken v. Meyer, 311 U.S. 457 ; Grannis v. Ordean, 234 U.S. 385 ; Priest v. Las Vegas, 232 U.S. 604 ; Roler v. Holly, 176 U.S. 398 .

11976–1976
Gouge v. David green
or · 1948
2 sentences

1973No more unwholesome doctrine could be suggested than that such a body is vested with discretion to ignore or transgress these limita *318 tions even to accomplish what it may deem to he laudable ends. * * *” See also Gouge v. David et al., 185 Or 437, 459 , 202 P2d 489 (1949).

1973No more unwholesome doctrine could be suggested than that such a body is vested with discretion to ignore or transgress these limita *318 tions even to accomplish what it may deem to he laudable ends. * * *” See also Gouge v. David et al., 185 Or 437, 459 , 202 P2d 489 (1949).

11973–1973

Where else courts name it

OH 72 (1980–2025) TX 50 (1965–2023) CA 42 (1953–2026) IN 36 (1894–2023) NY 32 (1966–2026) LA 24 (1968–2024) IL 23 (1899–2025) MI 22 (1951–2026) PA 19 (1973–2023) MO 19 (1972–2024) MD 16 (1969–2024) OK 15 (1975–2011) CT 15 (1984–2023) NC 13 (1951–2024) NH 12 (1978–2023) NJ 12 (1971–2020) FL 12 (1981–2024) VA 11 (1978–2016) AZ 10 (1967–2021) GA 10 (1974–2003) AL 10 (1904–2025) MA 10 (1988–2026) WA 9 (1978–2018) KS 8 (1978–2005) CO 8 (1994–2011) OR 8 (1953–2020) SD 7 (1991–2015) NM 7 (1995–2020) WI 6 (1981–2020) VT 6 (1997–2020) HI 6 (1923–2022) UT 6 (1983–2020) DC 6 (1975–2003) MS 5 (1984–2016) TN 5 (1976–2015) MN 5 (1956–2018) AR 4 (2002–2018) RI 4 (1963–2011) IA 4 (1974–2016) WV 4 (1990–2019) MT 3 (1926–2007) ND 3 (1986–2014) KY 3 (1988–2021) NV 3 (1977–1998) AK 3 (1984–1994) ME 3 (1998–2007) ID 2 (1958–1986) NE 2 (1984–1988) SC 2 (2001–2005) DE 2 (2018–2019)

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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