implicit requirement (Arizona) · Go Syfert
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implicit requirement in Arizona

7 Arizona opinions name it 2 courts 1984–2023 1 in the last five years

The cases below were cited by Arizona 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
Goulder v. ARIZONA DEPT. OF TRANSP., MOTOR VEH.green
arizctapp · 1994 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007It is well established that "[s]tatutory provisions are to be read in the context of related provisions and of the overall statutory scheme," and "[s]tatutes relating to the same subject matter should be read in pari materia to determine legislative intent and to maintain harmony." Goulder v. Ariz. Dep't of Transp., 177 Ariz. 414, 416 , 868 P.2d 997, 999 (App.1993), aff'd, 179 Ariz. 181 , 877 P.2d 280 (1994).

2007It is well established that "[s]tatutory provisions are to be read in the context of related provisions and of the overall statutory scheme," and "[s]tatutes relating to the same subject matter should be read in pari materia to determine legislative intent and to maintain harmony." Goulder v. Ariz. Dep't of Transp., 177 Ariz. 414, 416 , 868 P.2d 997, 999 (App.1993), aff'd, 179 Ariz. 181 , 877 P.2d 280 (1994).

12
Markowitz v. Arizona Parks Boardgreen
ariz · 1985 · cited in 2 Arizona opinions naming this issue, 1989–1994
2 sentences

1994That duty carries with it “ ‘an implicit requirement that the defendant act reasonably in light of the known and foreseeable risks.’” Ballesteros, 161 Ariz. at 627 , 780 P.2d at 460 (quoting Markowitz v. Arizona Parks Board, 146 Ariz. 352, 356-57 , 706 P.2d 364, 368-69 (1985)).

1994That duty carries with it “ ‘an implicit requirement that the defendant act reasonably in light of the known and foreseeable risks.’” Ballesteros, 161 Ariz. at 627 , 780 P.2d at 460 (quoting Markowitz v. Arizona Parks Board, 146 Ariz. 352, 356-57 , 706 P.2d 364, 368-69 (1985)).

12
Allegaert v. Perotgreen
nysd · 1977 · cited in 1 Arizona opinions naming this issue, 1984–1984
1 sentence

1984See Allegaert v. Perot, 434 F.Supp. 790, 800 (S.D.N.Y.1977), aff’d 565 F.2d 246 (2d Cir. 1977)(“secondary” client did not have any expectation that his communication would be kept secret from “primary” clients); Petty, supra, 116 Cal.App.2d at 29 , 253 P.2d at 34 (client being jointly represented did not assert that information given out of the presence of other client was confidential and therefore no confidential communication found); Udall & Livermore, supra, at 142 (“if the client were to tell people what he told his lawyer, the privilege could be found no longer to attach either on the gr

11
Petty v. Superior Courtgreen
calctapp · 1953 · cited in 1 Arizona opinions naming this issue, 1984–1984
2 sentences

1984See Allegaert v. Perot, 434 F.Supp. 790, 800 (S.D.N.Y.1977), aff’d 565 F.2d 246 (2d Cir. 1977)(“secondary” client did not have any expectation that his communication would be kept secret from “primary” clients); Petty, supra, 116 Cal.App.2d at 29 , 253 P.2d at 34 (client being jointly represented did not assert that information given out of the presence of other client was confidential and therefore no confidential communication found); Udall & Livermore, supra, at 142 (“if the client were to tell people what he told his lawyer, the privilege could be found no longer to attach either on the gr

1984See Allegaert v. Perot, 434 F.Supp. 790, 800 (S.D.N.Y.1977), aff’d 565 F.2d 246 (2d Cir. 1977)(“secondary” client did not have any expectation that his communication would be kept secret from “primary” clients); Petty, supra, 116 Cal.App.2d at 29 , 253 P.2d at 34 (client being jointly represented did not assert that information given out of the presence of other client was confidential and therefore no confidential communication found); Udall & Livermore, supra, at 142 (“if the client were to tell people what he told his lawyer, the privilege could be found no longer to attach either on the gr

11
Allegaert v. Perotgreen
ca2 · 1977 · cited in 1 Arizona opinions naming this issue, 1984–1984
1 sentence

1984See Allegaert v. Perot, 434 F.Supp. 790, 800 (S.D.N.Y.1977), aff’d 565 F.2d 246 (2d Cir. 1977)(“secondary” client did not have any expectation that his communication would be kept secret from “primary” clients); Petty, supra, 116 Cal.App.2d at 29 , 253 P.2d at 34 (client being jointly represented did not assert that information given out of the presence of other client was confidential and therefore no confidential communication found); Udall & Livermore, supra, at 142 (“if the client were to tell people what he told his lawyer, the privilege could be found no longer to attach either on the gr

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Goulder v. Arizona Department of Transportation green
ariz · 1994
2 sentences

2007It is well established that "[s]tatutory provisions are to be read in the context of related provisions and of the overall statutory scheme," and "[s]tatutes relating to the same subject matter should be read in pari materia to determine legislative intent and to maintain harmony." Goulder v. Ariz. Dep't of Transp., 177 Ariz. 414, 416 , 868 P.2d 997, 999 (App.1993), aff'd, 179 Ariz. 181 , 877 P.2d 280 (1994).

2007It is well established that "[s]tatutory provisions are to be read in the context of related provisions and of the overall statutory scheme," and "[s]tatutes relating to the same subject matter should be read in pari materia to determine legislative intent and to maintain harmony." Goulder v. Ariz. Dep't of Transp., 177 Ariz. 414, 416 , 868 P.2d 997, 999 (App.1993), aff'd, 179 Ariz. 181 , 877 P.2d 280 (1994).

22007–2007
State v. Hampton green
ariz · 2004
1 sentence

2023Id. ¶10 Additionally, it is well-established that the burden of proving waiver of a constitutional right falls on the state.

12023–2023
Arizona Management Corp. v. Kallof green
arizctapp · 1984
2 sentences

1995Kallof, 142 Ariz. at 68 , 688 P.2d at 714 .

1995Kallof, 142 Ariz. at 68 , 688 P.2d at 714 .

11995–1995
Ballesteros v. State green
arizctapp · 1989
2 sentences

1994That duty carries with it “ ‘an implicit requirement that the defendant act reasonably in light of the known and foreseeable risks.’” Ballesteros, 161 Ariz. at 627 , 780 P.2d at 460 (quoting Markowitz v. Arizona Parks Board, 146 Ariz. 352, 356-57 , 706 P.2d 364, 368-69 (1985)).

1994That duty carries with it “ ‘an implicit requirement that the defendant act reasonably in light of the known and foreseeable risks.’” Ballesteros, 161 Ariz. at 627 , 780 P.2d at 460 (quoting Markowitz v. Arizona Parks Board, 146 Ariz. 352, 356-57 , 706 P.2d 364, 368-69 (1985)).

11994–1994
Bach v. State green
arizctapp · 1986
2 sentences

1994As Division One of this court found in Bach v. State, 152 Ariz. 145 , 730 P.2d 854 (1986), the duty extends beyond the roadway surface which, in that case, included construction of a nearby exposed culvert.

1994As Division One of this court found in Bach v. State, 152 Ariz. 145 , 730 P.2d 854 (1986), the duty extends beyond the roadway surface which, in that case, included construction of a nearby exposed culvert.

11994–1994

Where else courts name it

CA 87 (1959–2026) NY 51 (1968–2026) NJ 43 (1960–2026) TX 37 (1984–2025) IL 32 (1986–2026) PA 32 (1978–2024) CT 30 (1967–2025) FL 22 (1981–2017) TN 20 (1994–2025) OH 19 (1991–2024) LA 16 (1982–2024) MA 12 (1974–2025) GA 12 (1988–2024) WA 10 (1984–2019) MN 10 (1972–2025) ME 10 (1977–2019) VA 10 (1987–2026) NC 10 (1997–2024) CO 8 (1979–2025) OR 8 (2010–2026) MI 7 (1977–2025) AZ 7 (1984–2023) MD 7 (1945–2019) RI 7 (1997–2022) KY 6 (2014–2025) OK 6 (1998–2025) KS 6 (2007–2020) AL 6 (1981–2015) DC 5 (1990–2010) IN 5 (1973–1999) MO 5 (1964–2018) NM 4 (1984–2020) AK 4 (1982–2012) WI 4 (1973–2008) NE 4 (1985–2022) ID 4 (2016–2025) ND 3 (1985–1995) WV 3 (1990–2018) DE 3 (1988–2017) UT 3 (2005–2025) IA 2 (2010–2010) WY 2 (1991–2008) VT 2 (2006–2006) NH 2 (1982–2025) HI 2 (1974–2019)

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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