necessary element analysis (Utah) · Go Syfert
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necessary element analysis in Utah

8 Utah opinions name it 2 courts 1932–2019 0 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 (5)

CaseFollowedCited
Douglas v. Bigleygreen
gactapp · 2006 · cited in 1 Utah opinions naming this issue, 2019–2019
1 sentence

2019See Douglas v. Bigley, 628 S.E.2d 199, 204 (Ga. Ct. App. 2006).

11
Neff v. Neffgreen
utah · 2011 · cited in 1 Utah opinions naming this issue, 2016–2016
2 sentences

2016See Neff v. Neff, 2011 UT 6, 79 , 247 P.3d 380 . 5 127 This claim is unpreserved.

2016See Neff v. Neff, 2011 UT 6, 79 , 247 P.3d 380 . 5 127 This claim is unpreserved.

11
Kelo v. City of New Londongreen
scotus · 2005 · cited in 1 Utah opinions naming this issue, 2014–2014
2 sentences

2014See id. at 4T7-78, 125 S.Ct. 2655 (explaining that an underlying public purpose is a necessary element of the analysis, holding that a municipality's economic development purpose was sufficient, but noting that a municipality would be "forbidden from taking ... land for the purpose of conferring a private benefit on a particular private party").

2014See id. at 4T7-78, 125 S.Ct. 2655 (explaining that an underlying public purpose is a necessary element of the analysis, holding that a municipality's economic development purpose was sufficient, but noting that a municipality would be "forbidden from taking ... land for the purpose of conferring a private benefit on a particular private party").

11
Jackson v. Richgreen
utah · 1972 · cited in 1 Utah opinions naming this issue, 2013–2013
2 sentences

2013When one party materially breaches a provision of a contract, the other party's " 'subsequent failure to perform'" a specific obligation is excused only "'if the promises are dependent.'" Jackson v. Rich, 28 Utah 2d 134 , 499 P.2d 279, 280 (1972) (quoting 17 Am.Jur.2d Contracts § 365); see also Saunders v. Sharp, 840 P.2d 796, 806 (Utah Ct. App.1992); 14 Richard A. Lord, Williston on Contracts § 43:1, at 552-53 (4th ed. 2000); id. §§ 44:6-44:16, at 92-114.

2013When one party materially breaches a provision of a contract, the other party's " 'subsequent failure to perform'" a specific obligation is excused only "'if the promises are dependent.'" Jackson v. Rich, 28 Utah 2d 134 , 499 P.2d 279, 280 (1972) (quoting 17 Am.Jur.2d Contracts § 365); see also Saunders v. Sharp, 840 P.2d 796, 806 (Utah Ct. App.1992); 14 Richard A. Lord, Williston on Contracts § 43:1, at 552-53 (4th ed. 2000); id. §§ 44:6-44:16, at 92-114.

11
Saunders v. Sharpgreen
utahctapp · 1992 · cited in 1 Utah opinions naming this issue, 2013–2013
1 sentence

2013When one party materially breaches a provision of a contract, the other party's " 'subsequent failure to perform'" a specific obligation is excused only "'if the promises are dependent.'" Jackson v. Rich, 28 Utah 2d 134 , 499 P.2d 279, 280 (1972) (quoting 17 Am.Jur.2d Contracts § 365); see also Saunders v. Sharp, 840 P.2d 796, 806 (Utah Ct. App.1992); 14 Richard A. Lord, Williston on Contracts § 43:1, at 552-53 (4th ed. 2000); id. §§ 44:6-44:16, at 92-114.

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 (3)

CaseCitedYears
In Re Inquiry of a Judge Steed green
utah · 2006
2 sentences

2013The public’s respect for the judiciary “is a necessary element of the rule of law.” In re Steed, 2006 UT 10, ¶ 6 , 131 P.3d 231 .

2013The public’s respect for the judiciary “is a necessary element of the rule of law.” In re Steed, 2006 UT 10, ¶ 6 , 131 P.3d 231 .

22013–2013
In re Honorable Kevin Christensen green
utah · 2013
2 sentences

2019As we noted in In re Christensen , "The public's respect for the judiciary is a necessary element of the rule of law," and "[w]hen judges ignore the law with no apparent justification, they undermine public confidence in the integrity of the judiciary." 2013 UT 30 , ¶ 9, 304 P.3d 835 (citation omitted) (internal quotation marks omitted).

2019As we noted in In re Christensen , "The public's respect for the judiciary is a necessary element of the rule of law," and "[w]hen judges ignore the law with no apparent justification, they undermine public confidence in the integrity of the judiciary." 2013 UT 30 , ¶ 9, 304 P.3d 835 (citation omitted) (internal quotation marks omitted).

12019–2019
Fares v. Urban green
utah · 1915
2 sentences

1932Appellant refers us to Fares v. Urban, 46 Utah 609 , 151 P. 57 .

1932Appellant refers us to Fares v. Urban, 46 Utah 609 , 151 P. 57 .

11932–1932

Where else courts name it

CA 41 (1935–2026) NY 23 (1972–2025) CT 15 (1978–2024) TX 14 (1960–2024) MO 12 (1956–2024) PA 11 (1946–2023) NC 11 (1955–2022) MA 10 (1983–2024) TN 10 (1983–2014) OK 9 (1933–2015) GA 8 (1989–2023) WA 8 (1980–2025) UT 8 (1932–2019) IL 7 (1870–2011) IA 6 (1896–2015) LA 5 (2007–2021) KY 5 (1986–2020) MI 5 (1985–2025) OR 5 (1984–2008) MN 4 (1953–1998) VT 4 (2005–2018) AL 4 (1952–2005) NM 4 (1981–2023) CO 3 (1962–2026) FL 3 (1987–2014) KS 3 (1956–1989) MT 3 (1984–2016) NJ 3 (1985–2025) WY 2 (2000–2008) WV 2 (1949–2025) ME 2 (2005–2019) NV 2 (1958–2022) IN 2 (1978–2019) OH 2 (2000–2017) DC 2 (1986–1989) AZ 2 (1980–2024)

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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