judge-made doctrine (Utah) · Go Syfert
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judge-made doctrine in Utah

8 Utah opinions name it 1 courts 1991–2021 1 in the last five years

The cases below were cited by Utah 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 (3)

CaseFollowedCited
NEW ENERGY ECONOMY, INC. v. Martinezgreen
nm · 2011 · cited in 3 Utah opinions naming this issue, 2013–2013
2 sentences

2013Standing in the state courts is a judge-made doctrine and is used to refuse to determine the merits of a legal controversy irrespective of its correctness where the party advancing it is not properly situated to prosecute the action.” (footnotes omitted)). 10 Cite as: 2013 UT 18 Opinion of the Court est in the matter nor be a public official.” (internal quotation marks omitted)); Godfrey v. State, 752 N.W.2d 413, 425 (Iowa 2008) (“We believe our doctrine of standing in Iowa is not so rigid that an excep- tion to the injury requirement could not be recognized for citizens who seek to resolve ce

2013Standing in the state courts is a judge-made doctrine and is used to refuse to determine the merits of a legal controversy irrespective of its correctness where the party advancing it is not properly situated to prosecute the action.” (footnotes omitted)). 10 Cite as: 2013 UT 18 Opinion of the Court est in the matter nor be a public official.” (internal quotation marks omitted)); Godfrey v. State, 752 N.W.2d 413, 425 (Iowa 2008) (“We believe our doctrine of standing in Iowa is not so rigid that an excep- tion to the injury requirement could not be recognized for citizens who seek to resolve ce

33
Godfrey v. Stategreen
iowa · 2008 · cited in 3 Utah opinions naming this issue, 2013–2013
2 sentences

2013Standing in the state courts is a judge-made doctrine and is used to refuse to determine the merits of a legal controversy irrespective of its correctness where the party advancing it is not properly situated to prosecute the action.” (footnotes omitted)). 10 Cite as: 2013 UT 18 Opinion of the Court est in the matter nor be a public official.” (internal quotation marks omitted)); Godfrey v. State, 752 N.W.2d 413, 425 (Iowa 2008) (“We believe our doctrine of standing in Iowa is not so rigid that an excep- tion to the injury requirement could not be recognized for citizens who seek to resolve ce

2013Standing in the state courts is a judge-made doctrine and is used to refuse to determine the merits of a legal controversy irrespective of its correctness where the party advancing it is not properly situated to prosecute the action.” (footnotes omitted)). 10 Cite as: 2013 UT 18 Opinion of the Court est in the matter nor be a public official.” (internal quotation marks omitted)); Godfrey v. State, 752 N.W.2d 413, 425 (Iowa 2008) (“We believe our doctrine of standing in Iowa is not so rigid that an excep- tion to the injury requirement could not be recognized for citizens who seek to resolve ce

33
In Re the Estates of Williamsgreen
utah · 1960 · cited in 1 Utah opinions naming this issue, 2013–2013
2 sentences

2013A judge-made doctrine that conflicts with a statute is certainly "displaced" by it. 2 113 We find the Code to displace the doctrine of equitable adoption recognized in Williams' Estates In that case, a couple took a child into their home, agreeing with the birth mother that they would adopt the child and "raise, care for and treat [her] in all respects as their own child." In re Williams' Estates, 10 Utah 2d 83 , 348 P.2d. 683, 685 (1960).

2013A judge-made doctrine that conflicts with a statute is certainly "displaced" by it. 2 113 We find the Code to displace the doctrine of equitable adoption recognized in Williams' Estates In that case, a couple took a child into their home, agreeing with the birth mother that they would adopt the child and "raise, care for and treat [her] in all respects as their own child." In re Williams' Estates, 10 Utah 2d 83 , 348 P.2d. 683, 685 (1960).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Gregory v. Shurtleff green
utah · 2013
2 sentences

2021For example, in Gregory v. Shurtleff, we said both ―that ‗the Utah Constitution . . . mandates certain standing requirements, which emanate from the principle of separation of powers,‘‖ 2013 UT 18 , ¶ 12 n.4, 299 P.3d 1098 (quoting Brown, 2010 UT 14, ¶ 12 ), and also that ―[s]tanding in the state courts is a judge-made doctrine.‖ Id. ¶ 16 n.10 (quoting 59 AM.

2021For example, in Gregory v. Shurtleff, we said both ―that ‗the Utah Constitution . . . mandates certain standing requirements, which emanate from the principle of separation of powers,‘‖ 2013 UT 18 , ¶ 12 n.4, 299 P.3d 1098 (quoting Brown, 2010 UT 14, ¶ 12 ), and also that ―[s]tanding in the state courts is a judge-made doctrine.‖ Id. ¶ 16 n.10 (quoting 59 AM.

42013–2021
Daniels v. Gamma West Brachytherapy, LLC green
utah · 2009
2 sentences

2013Brachytherapy, LLC, 2009 UT 66, ¶ 49 , 221 P.3d 256 (―A statute preempts a common law claim by specifi- cally adopting a limitation or prohibition on a claim or by com- prehensively addressing a particular area of law such that it dis- places the common law.‖). 2 The argument that equitable adoption properly ―supple- ment[s]‖ the Code because it operates ―parallel with‖ it infra 4 Cite as: 2013 UT 46 Opinion of the Court ¶13 We find the Code to displace the doctrine of equitable adoption recognized in Williams’ Estates.

2013Brachytherapy, LLC, 2009 UT 66, ¶ 49 , 221 P.3d 256 (―A statute preempts a common law claim by specifi- cally adopting a limitation or prohibition on a claim or by com- prehensively addressing a particular area of law such that it dis- places the common law.‖). 2 The argument that equitable adoption properly ―supple- ment[s]‖ the Code because it operates ―parallel with‖ it infra 4 Cite as: 2013 UT 46 Opinion of the Court ¶13 We find the Code to displace the doctrine of equitable adoption recognized in Williams’ Estates.

32013–2013
In re Estate of William J. Hannifin green
utah · 2013
2 sentences

2013Brachytherapy, LLC, 2009 UT 66, ¶ 49 , 221 P.3d 256 (―A statute preempts a common law claim by specifi- cally adopting a limitation or prohibition on a claim or by com- prehensively addressing a particular area of law such that it dis- places the common law.‖). 2 The argument that equitable adoption properly ―supple- ment[s]‖ the Code because it operates ―parallel with‖ it infra 4 Cite as: 2013 UT 46 Opinion of the Court ¶13 We find the Code to displace the doctrine of equitable adoption recognized in Williams’ Estates.

2013Brachytherapy, LLC, 2009 UT 66, ¶ 49 , 221 P.3d 256 (―A statute preempts a common law claim by specifi- cally adopting a limitation or prohibition on a claim or by com- prehensively addressing a particular area of law such that it dis- places the common law.‖). 2 The argument that equitable adoption properly ―supple- ment[s]‖ the Code because it operates ―parallel with‖ it infra ¶¶ 4 Cite as: 2013 UT 46 Opinion of the Court ¶13 We find the Code to displace the doctrine of equitable adoption recognized in Williams’ Estates.

32013–2013
Brown v. Division of Water Rights of the Department of Natural Resources green
utah · 2010
2 sentences

2021For example, in Gregory v. Shurtleff, we said both ―that ‗the Utah Constitution . . . mandates certain standing requirements, which emanate from the principle of separation of powers,‘‖ 2013 UT 18 , ¶ 12 n.4, 299 P.3d 1098 (quoting Brown, 2010 UT 14, ¶ 12 ), and also that ―[s]tanding in the state courts is a judge-made doctrine.‖ Id. ¶ 16 n.10 (quoting 59 AM.

2021For example, in Gregory v. Shurtleff, we said both ―that ‗the Utah Constitution . . . mandates certain standing requirements, which emanate from the principle of separation of powers,‘‖ 2013 UT 18 , ¶ 12 n.4, 299 P.3d 1098 (quoting Brown, 2010 UT 14, ¶ 12 ), and also that ―[s]tanding in the state courts is a judge-made doctrine.‖ Id. ¶ 16 n.10 (quoting 59 AM.

12021–2021
State v. Copeland green
utah · 1988
1 sentence

1991Nevertheless, we held that the record was sufficient to support the conclusion that Jolivet “understood the elements of the crimes charged and how those elements related to the facts.” In State v. Copeland, 765 P.2d 1266 (Utah 1988), we also addressed that issue.

11991–1991
Jolivet v. Cook green
utah · 1989
1 sentence

1991In Jolivet v. Cook, 784 P.2d 1148 (Utah 1989), the trial judge made no inquiry into the elements of the offense charged and their relationship to the facts.

11991–1991

Statutes the citing opinions construe

UT § Utah Code § 68-3-2 (3) UT § Utah Code § 75-2-101 (3) UT § Utah Code § 75-2-103 (3) UT § Utah Code § 75-2-114 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 55 (1936–2026) TN 40 (1977–2025) PA 18 (1930–2024) NC 16 (1932–2022) MA 13 (1955–2025) MI 12 (1962–2021) TX 12 (1982–2025) OH 12 (1985–2022) CO 11 (1975–2026) FL 11 (1971–2022) IL 11 (1970–2021) NJ 10 (1933–2026) NY 9 (1972–2024) OR 8 (1944–2017) UT 8 (1991–2021) WA 8 (1992–2021) DC 7 (1996–2020) WI 7 (1984–2008) DE 6 (1968–2024) MD 5 (1995–2026) IA 5 (1969–2019) HI 4 (1968–2001) VA 4 (1987–2016) GA 3 (1997–2025) AR 3 (1997–1998) KS 3 (1996–2020) AZ 3 (2001–2014) ME 3 (1982–2001) SD 3 (1992–1997) MO 3 (2004–2021) IN 3 (1975–1991) SC 3 (1970–2000) AL 2 (1982–2014) WV 2 (2018–2023) MN 2 (1954–2000) NV 2 (1982–2018)

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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