essential elements claim (Arizona) · Go Syfert
← Arizona issues

essential elements claim in Arizona

6 Arizona opinions name it 2 courts 1936–1983 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 (1)

CaseFollowedCited
Wisener v. Stategreen
ariz · 1979 · cited in 1 Arizona opinions naming this issue, 1983–1983
2 sentences

1983Wisener v. State, 123 Ariz. 148, 149 , 598 P.2d 511, 512 (1979).

1983Wisener v. State, 123 Ariz. 148, 149 , 598 P.2d 511, 512 (1979).

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
Bedwell v. Industrial Commission green
ariz · 1969
2 sentences

1975That it is fundamental the applicant has the burden of proof in establishing the essential elements of his claim and *392 his entitlement to further benefits; In Re Estate of Bedwell, 104 Ariz. 443 , 454 P.2d 985 (1969) ; that it is further fundamental that when a ‘medical’ reopening is sought, as here, the applicant has the burden of establishing the existence of a new, additional, or previously undiscovered (physical) condition and that said condition is causally related to the subject episode and said burden is not met merely by producing ‘new evidence’; [Citations omitted] that this princi

1975That it is fundamental the applicant has the burden of proof in establishing the essential elements of his claim and *392 his entitlement to further benefits; In Re Estate of Bedwell, 104 Ariz. 443 , 454 P.2d 985 (1969) ; that it is further fundamental that when a ‘medical’ reopening is sought, as here, the applicant has the burden of establishing the existence of a new, additional, or previously undiscovered (physical) condition and that said condition is causally related to the subject episode and said burden is not met merely by producing ‘new evidence’; [Citations omitted] that this princi

21972–1975
Southwest Cotton Co. v. Valley Bank green
ariz · 1924
2 sentences

1936We have discussed the essential elements of waiver in the cases of Southwest Cotton Co. v. Valley Bank, 26 Ariz. 559 , 227 Pac. 986, 988 , and Davis v. Standard Accident Ins.

1936We have discussed the essential elements of waiver in the cases of Southwest Cotton Co. v. Valley Bank, 26 Ariz. 559 , 227 Pac. 986, 988 , and Davis v. Standard Accident Ins.

21936–1958
Whitley v. Industrial Commission green
arizctapp · 1973
2 sentences

1975That it is fundamental the applicant has the burden of proof in establishing the essential elements of his claim and *392 his entitlement to further benefits; In Re Estate of Bedwell, 104 Ariz. 443 , 454 P.2d 985 (1969) ; that it is further fundamental that when a ‘medical’ reopening is sought, as here, the applicant has the burden of establishing the existence of a new, additional, or previously undiscovered (physical) condition and that said condition is causally related to the subject episode and said burden is not met merely by producing ‘new evidence’; [Citations omitted] that this princi

1975That it is fundamental the applicant has the burden of proof in establishing the essential elements of his claim and *392 his entitlement to further benefits; In Re Estate of Bedwell, 104 Ariz. 443 , 454 P.2d 985 (1969) ; that it is further fundamental that when a ‘medical’ reopening is sought, as here, the applicant has the burden of establishing the existence of a new, additional, or previously undiscovered (physical) condition and that said condition is causally related to the subject episode and said burden is not met merely by producing ‘new evidence’; [Citations omitted] that this princi

11975–1975
Arizona Title Guarantee & Trust, Co. v. Modern Homes, Inc. green
ariz · 1958
2 sentences

1973This question was resolved by the Supreme Court in the case of Arizona Title Guarantee & Trust Co. v. Modern Homes, Inc., 84 Ariz. 399 , 330 P.2d 113 (1958), as follows: “One of the essential elements of waiver is intention to waive the right involved and where not expressed, one’s conduct must be such as to warrant the inference of such intention.

1973This question was resolved by the Supreme Court in the case of Arizona Title Guarantee & Trust Co. v. Modern Homes, Inc., 84 Ariz. 399 , 330 P.2d 113 (1958), as follows: “One of the essential elements of waiver is intention to waive the right involved and where not expressed, one’s conduct must be such as to warrant the inference of such intention.

11973–1973
Davis v. Standard Accident Insurance green
ariz · 1929
2 sentences

1936Co., 35 Ariz. 392 , 278 Pac. 384, 386 .

1936Co., 35 Ariz. 392 , 278 Pac. 384, 386 .

11936–1936

Where else courts name it

OH 192 (1978–2025) TX 143 (1937–2024) TN 107 (1976–2024) WA 101 (1961–2026) ID 70 (1955–2026) LA 53 (1938–2022) GA 50 (1935–2024) NC 48 (1978–2025) WY 44 (1979–2020) NY 42 (1894–2025) CA 42 (1920–2026) NM 31 (1971–2025) IL 31 (1971–2026) FL 30 (1942–2026) CT 28 (1963–2019) MO 26 (1957–2016) IN 25 (1972–2026) MS 24 (1995–2025) MA 23 (1991–2025) HI 20 (1995–2026) OR 19 (1984–2025) AL 18 (1923–2024) PA 17 (1926–2024) OK 16 (1911–2021) WV 14 (1987–2025) KY 13 (1949–2026) KS 12 (1953–2021) VA 12 (1988–2025) IA 11 (1935–2026) ME 10 (2011–2023) MI 10 (2014–2026) MD 9 (1923–2010) VT 8 (2003–2026) NJ 8 (1979–2025) ND 6 (1978–1996) DC 6 (1979–2003) AZ 6 (1936–1983) MN 5 (1972–2016) UT 5 (1994–2023) RI 5 (1987–2006) SC 4 (1932–2000) MT 4 (1989–2022) CO 3 (1988–2025) SD 3 (1992–2002) AK 3 (1991–2014) AR 3 (1998–2010)

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.

← Caselaw search · G Cite Topics · Brief Check