7 Montana opinions name it 1 courts 2005–2026 4 in the last five years
The cases below were cited by Montana 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.
| Case | Followed | Cited |
|---|---|---|
Donald Eugene Lambert v. James Blodgett, Donald Eugene Lambert v. James Blodgettgreen2 sentences2021"Mixed questions of law and fact are presented to this Court when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard." Stop Over Spending Mont., ¶ 10 (citing State v. Warclub, 2005 MT 149, ¶ 21 , 327 Mont. 352 , 114 P.3d 254 (citing Lambert v. Blodgett, 393 F.3d 943, 965 (9th Cir. 2004) (citing Pullman-Standard v. Swint, 456 U.S. 273 , 289 n. 19, 102 S. Ct. 1781, 1790 (1982)))). 2005The court explained that mixed questions of law and fact are those in which “the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard.” Lambert, 393 F.3d at 965 (quoting Pullman-Standard v. Swint (1982), 456 U.S. 273 , 289 n.19, 102 S.Ct. 1781, 1790 , 72 L.Ed.2d 66, 80 ). | 2 | 3 |
State v. Warclubgreen2 sentences2021"Mixed questions of law and fact are presented to this Court when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard." Stop Over Spending Mont., ¶ 10 (citing State v. Warclub, 2005 MT 149, ¶ 21 , 327 Mont. 352 , 114 P.3d 254 (citing Lambert v. Blodgett, 393 F.3d 943, 965 (9th Cir. 2004) (citing Pullman-Standard v. Swint, 456 U.S. 273 , 289 n. 19, 102 S. Ct. 1781, 1790 (1982)))). 2021"Mixed questions of law and fact are presented to this Court when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard." Stop Over Spending Mont., ¶ 10 (citing State v. Warclub, 2005 MT 149, ¶ 21 , 327 Mont. 352 , 114 P.3d 254 (citing Lambert v. Blodgett, 393 F.3d 943, 965 (9th Cir. 2004) (citing Pullman-Standard v. Swint, 456 U.S. 273 , 289 n. 19, 102 S. Ct. 1781, 1790 (1982)))). | 1 | 3 |
Pullman-Standard v. Swintgreen2 sentences2021"Mixed questions of law and fact are presented to this Court when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard." Stop Over Spending Mont., ¶ 10 (citing State v. Warclub, 2005 MT 149, ¶ 21 , 327 Mont. 352 , 114 P.3d 254 (citing Lambert v. Blodgett, 393 F.3d 943, 965 (9th Cir. 2004) (citing Pullman-Standard v. Swint, 456 U.S. 273 , 289 n. 19, 102 S. Ct. 1781, 1790 (1982)))). 2021"Mixed questions of law and fact are presented to this Court when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard." Stop Over Spending Mont., ¶ 10 (citing State v. Warclub, 2005 MT 149, ¶ 21 , 327 Mont. 352 , 114 P.3d 254 (citing Lambert v. Blodgett, 393 F.3d 943, 965 (9th Cir. 2004) (citing Pullman-Standard v. Swint, 456 U.S. 273 , 289 n. 19, 102 S. Ct. 1781, 1790 (1982)))). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stop Over Spending Montana v. State
green
2 sentences2026It presented a mixed question of law and fact, requiring a predicate factual determination whether MDOR’s or the taxpayers’ information was “sufficient” and “relevant.” See, e.g., Stop Overspending Mont. v. State, 2006 MT 178, ¶ 10 , 333 Mont. 42 , 139 P.3d 788 (mixed questions of law and fact exist “when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard”); Merila v. Burke, 2024 MT 4, ¶ 11 , 415 Mont. 24 , 541 P.3d 770 . 2026It presented a mixed question of law and fact, requiring a predicate factual determination whether MDOR’s or the taxpayers’ information was “sufficient” and “relevant.” See, e.g., Stop Overspending Mont. v. State, 2006 MT 178, ¶ 10 , 333 Mont. 42 , 139 P.3d 788 (mixed questions of law and fact exist “when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard”); Merila v. Burke, 2024 MT 4, ¶ 11 , 415 Mont. 24 , 541 P.3d 770 . | 2 | 2023–2026 |
Merila v. Burke
green
2 sentences2026It presented a mixed question of law and fact, requiring a predicate factual determination whether MDOR’s or the taxpayers’ information was “sufficient” and “relevant.” See, e.g., Stop Overspending Mont. v. State, 2006 MT 178, ¶ 10 , 333 Mont. 42 , 139 P.3d 788 (mixed questions of law and fact exist “when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard”); Merila v. Burke, 2024 MT 4, ¶ 11 , 415 Mont. 24 , 541 P.3d 770 . 2026It presented a mixed question of law and fact, requiring a predicate factual determination whether MDOR’s or the taxpayers’ information was “sufficient” and “relevant.” See, e.g., Stop Overspending Mont. v. State, 2006 MT 178, ¶ 10 , 333 Mont. 42 , 139 P.3d 788 (mixed questions of law and fact exist “when the historical facts of a case are admitted or established, the applicable law is undisputed, and the issue is whether the facts satisfy the statutory standard”); Merila v. Burke, 2024 MT 4, ¶ 11 , 415 Mont. 24 , 541 P.3d 770 . | 1 | 2026–2026 |
Citizens Right to Recall v. State Ex Rel. McGrath
neutral
2 sentences2024Citizens Right to Recall v. State, 2006 MT 192, ¶ 6 , 333 Mont. 153 , 6 142 P.3d 764 (citation omitted). 2024Citizens Right to Recall v. State, 2006 MT 192, ¶ 6 , 333 Mont. 153 , 6 142 P.3d 764 (citation omitted). | 1 | 2024–2024 |
State v. Weaver
green
2 sentences2013Warclub , ¶ 23; State v. Weaver, 2008 MT 86, ¶ 10 , 342 Mont. 196 , 179 P.3d 534 . 2013Warclub , ¶ 23; State v. Weaver, 2008 MT 86, ¶ 10 , 342 Mont. 196 , 179 P.3d 534 . | 1 | 2013–2013 |
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.
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.