policy behind rule (Arizona) · Go Syfert
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policy behind rule in Arizona

7 Arizona opinions name it 2 courts 1971–2009 0 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 (3)

CaseFollowedCited
Petree, David and Petree, Diana L., His Wife v. Victor Fluid Power, Inc. Appeal of David Petree and Diana Petreegreen
ca3 · 1987 · cited in 1 Arizona opinions naming this issue, 2009–2009
1 sentence

2009Yet another viewpoint focuses on the policy considerations underlying Rule 407, which are “to encourage people to take steps to increase public safety.” Id. at 667 (internal quotation marks omitted); see also Doe v. Johnston, 476 N.W.2d 28, 34 (Iowa 1991) (adopting the Third Circuit’s reasoning that “the policy behind the rule, which is to encourage people to take steps to increase public safety[,] ... would not be served if evidence of defendants’ changed behavior could be used to prove liability just because defendant was unaware that any injury or accident had occurred.... [T]he policy unde

11
Felder v. Physiotherapy Associatesgreen
arizctapp · 2007 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009Yet another viewpoint focuses on the policy considerations underlying Rule 407, which are “to encourage people to take steps to increase public safety.” Id. at 667 (internal quotation marks omitted); see also Doe v. Johnston, 476 N.W.2d 28, 34 (Iowa 1991) (adopting the Third Circuit’s reasoning that “the policy behind the rule, which is to encourage people to take steps to increase public safety[,] ... would not be served if evidence of defendants’ changed behavior could be used to prove liability just because defendant was unaware that any injury or accident had occurred.... [T]he policy unde

2009Yet another viewpoint focuses on the policy considerations underlying Rule 407, which are “to encourage people to take steps to increase public safety.” Id. at 667 (internal quotation marks omitted); see also Doe v. Johnston, 476 N.W.2d 28, 34 (Iowa 1991) (adopting the Third Circuit’s reasoning that “the policy behind the rule, which is to encourage people to take steps to increase public safety[,] ... would not be served if evidence of defendants’ changed behavior could be used to prove liability just because defendant was unaware that any injury or accident had occurred.... [T]he policy unde

11
Doe v. Johnstongreen
iowa · 1991 · cited in 1 Arizona opinions naming this issue, 2009–2009
1 sentence

2009Yet another viewpoint focuses on the policy considerations underlying Rule 407, which are “to encourage people to take steps to increase public safety.” Id. at 667 (internal quotation marks omitted); see also Doe v. Johnston, 476 N.W.2d 28, 34 (Iowa 1991) (adopting the Third Circuit’s reasoning that “the policy behind the rule, which is to encourage people to take steps to increase public safety[,] ... would not be served if evidence of defendants’ changed behavior could be used to prove liability just because defendant was unaware that any injury or accident had occurred.... [T]he policy unde

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 (6)

CaseCitedYears
Lowing v. Allstate Insurance green
ariz · 1993
2 sentences

2008Lowing, 176 Ariz. at 107 , 859 P.2d at 730 .

2008Lowing, 176 Ariz. at 107 , 859 P.2d at 730 .

22008–2008
Blazek v. Superior Court green
arizctapp · 1994
2 sentences

1995This uncertainty would defeat the policy behind the privilege.” Blazek, 177 Ariz. at 540 , 869 P.2d at 514 .

1995This uncertainty would defeat the policy behind the privilege.” Blazek, 177 Ariz. at 540 , 869 P.2d at 514 .

11995–1995
Doyle v. Ohio green
scotus · 1976
2 sentences

1989The policy behind this rule is Miranda warnings carry an implicit assurance that silence will carry no penalty, and it would be fundamentally unfair and a violation of due process to allow the prosecution to use an arrested person’s silence to impeach an explanation subsequently offered at trial. 426 U.S. at 618 , 96 S.Ct. at 2245 , 49 L.Ed.2d at 98 .

1989The policy behind this rule is Miranda warnings carry an implicit assurance that silence will carry no penalty, and it would be fundamentally unfair and a violation of due process to allow the prosecution to use an arrested person’s silence to impeach an explanation subsequently offered at trial. 426 U.S. at 618 , 96 S.Ct. at 2245 , 49 L.Ed.2d at 98 .

11989–1989
Diamond v. Chiate green
ariz · 1956
2 sentences

1975In Sligh v. Watson, 69 Ariz. 373 , 214 P.2d 123 (1950), overruled on other grounds in Diamond v. Chiate, 81 Ariz. 86 , 300 P.2d 583 (1956), we discussed the policy behind the rule, saying it was: “ * * * to allow the pleading party to take advantage of any possible development in the evidence which would show him to be entitled to recovery and thus prevent his being forced to elect in advance and at his peril which theory he will proceed upon.” 69 Ariz. at 377 , 214 P.2d at 125 .

1975In Sligh v. Watson, 69 Ariz. 373 , 214 P.2d 123 (1950), overruled on other grounds in Diamond v. Chiate, 81 Ariz. 86 , 300 P.2d 583 (1956), we discussed the policy behind the rule, saying it was: “ * * * to allow the pleading party to take advantage of any possible development in the evidence which would show him to be entitled to recovery and thus prevent his being forced to elect in advance and at his peril which theory he will proceed upon.” 69 Ariz. at 377 , 214 P.2d at 125 .

11975–1975
Sligh v. Watson green
ariz · 1950
2 sentences

1975In Sligh v. Watson, 69 Ariz. 373 , 214 P.2d 123 (1950), overruled on other grounds in Diamond v. Chiate, 81 Ariz. 86 , 300 P.2d 583 (1956), we discussed the policy behind the rule, saying it was: “ * * * to allow the pleading party to take advantage of any possible development in the evidence which would show him to be entitled to recovery and thus prevent his being forced to elect in advance and at his peril which theory he will proceed upon.” 69 Ariz. at 377 , 214 P.2d at 125 .

1975In Sligh v. Watson, 69 Ariz. 373 , 214 P.2d 123 (1950), overruled on other grounds in Diamond v. Chiate, 81 Ariz. 86 , 300 P.2d 583 (1956), we discussed the policy behind the rule, saying it was: “ * * * to allow the pleading party to take advantage of any possible development in the evidence which would show him to be entitled to recovery and thus prevent his being forced to elect in advance and at his peril which theory he will proceed upon.” 69 Ariz. at 377 , 214 P.2d at 125 .

11975–1975
Southern Construction Co. v. Pickard green
scotus · 1962
2 sentences

1971But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13.” 4 The policy behind this rule is the avoidance of “multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters.” Southern Construction Co. Inc. v. Pickard, 371

1971But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13.” 4 The policy behind this rule is the avoidance of “multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters.” Southern Construction Co. Inc. v. Pickard, 371

11971–1971

Where else courts name it

TX 58 (1968–2026) CA 42 (1955–2026) IL 41 (1973–2022) PA 32 (1937–2014) CT 31 (1975–2024) MD 28 (1975–2026) FL 27 (1984–2025) ME 23 (1983–2024) WA 21 (1970–2024) LA 17 (1982–2025) TN 15 (2001–2019) NY 14 (1966–2018) IN 13 (1958–2016) MO 12 (1972–2014) MN 12 (1968–2004) AL 12 (1981–2017) MI 12 (1966–2024) NJ 11 (1972–2001) NC 10 (1995–2011) MA 9 (1983–2005) AZ 7 (1971–2009) AK 7 (1980–2016) WI 7 (1965–2022) UT 7 (1993–2019) NM 6 (1994–2007) OH 6 (1997–2023) GA 6 (1981–2015) NV 5 (1979–2000) MS 5 (1988–2014) ID 5 (2002–2023) AR 5 (1998–2020) DE 4 (1978–2019) WV 4 (1984–2017) NH 4 (1957–2016) CO 4 (1996–2004) OK 3 (1987–2013) IA 3 (1982–2000) OR 3 (1982–1987) MT 3 (1989–2012) DC 3 (1994–2009) RI 2 (1983–2001) NE 2 (2005–2025) ND 2 (2020–2020) KY 2 (1985–2013) VA 2 (1999–2006) WY 2 (2009–2011) HI 2 (2022–2025)

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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