legislative declaration principle (Oregon) · Go Syfert
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legislative declaration principle in Oregon

7 Oregon opinions name it 2 courts 1917–2004 0 in the last five years

The cases below were cited by Oregon 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Oregon.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Barber v. Gladden green
or · 1958
2 sentences

2004Defendant relies on ORS 34.710, which provides, in part, “No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another proceeding of the same kind.” Defendant also relies on the Supreme Court’s statement in Barber v. Gladden, 215 Or 129, 133 , 332 P2d 641 (1958): “[ORS 34.710] is a legislative declaration that the principle of res judicata is applicable to habeas corpus proceedings.

2004Defendant relies on ORS 34.710, which provides, in part, “No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another proceeding of the same kind.” Defendant also relies on the Supreme Court’s statement in Barber v. Gladden, 215 Or 129, 133 , 332 P2d 641 (1958): “[ORS 34.710] is a legislative declaration that the principle of res judicata is applicable to habeas corpus proceedings.

31998–2004
Parker v. Reter green
or · 1963
2 sentences

1984The opinion goes on to state: “* * * However, ORS 607.045, as we construe it, includes a proscription against negligently permitting livestock to run upon a highway and in this respect constitutes a legislative declaration of a standard of conduct which, if violated, would give rise to liability. * * *” 234 Or at 547 n 2, 383 P2d at 94 n 2.

1984The opinion goes on to state: “* * * However, ORS 607.045, as we construe it, includes a proscription against negligently permitting livestock to run upon a highway and in this respect constitutes a legislative declaration of a standard of conduct which, if violated, would give rise to liability. * * *” 234 Or at 547 n 2, 383 P2d at 94 n 2.

11984–1984
Henthorne v. Hopwood green
or · 1959
1 sentence

1965As I said in the Henthorne case, "it seems little more than a fiction to assume that in the enactment of traffic laws the legislature or a city council intended to prescribe the scope of relief available to persons seeking compensation for injuries in automobile cases." [1] ( 218 Or at 341 ). *495 It may be conceded that traffic laws represent a legislative declaration of the standard of conduct which a person must meet in using the public highways.

11965–1965
Stewart v. Wild green
· 1923
1 sentence

1963Griffin v. Benton, 92 Ga App 167, 88 SE2d 287 (1955); Stewart v. Wild, 196 Iowa 678 , 195 NW 266 (1923).

11963–1963
Griffin v. Benton green
gactapp · 1955
1 sentence

1963Griffin v. Benton, 92 Ga App 167, 88 SE2d 287 (1955); Stewart v. Wild, 196 Iowa 678 , 195 NW 266 (1923).

11963–1963
Fong Yue Ting v. United States green
scotus · 1893
1 sentence

1917The state has power to prescribe the rules of evidence which shall be observed by its judicial tribunals: Fong Yue Ting v. United States, 149 U. S. 729 ( 37 L.

11917–1917

Where else courts name it

OH 7 (2000–2014) OR 7 (1917–2004) FL 3 (1956–2006) NY 2 (1959–1960) NC 2 (1985–1989)

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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