black letter principle (Connecticut) · Go Syfert
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black letter principle in Connecticut

6 Connecticut opinions name it 2 courts 1985–2025 3 in the last five years

The cases below were cited by Connecticut 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
Roach v. T.L. Cannon Corp.green
ca2 · 2015 · cited in 1 Connecticut opinions naming this issue, 2024–2024
1 sentence

2024Cannon Corp., 778 F.3d 401, 408 (2d Cir. 2015) (‘‘it remains the black letter rule that a class may obtain certification under [r]ule 23 (b) (3) [of the Federal Rules of Civil Procedure] when liability questions common to the class predominate over damages questions unique to class members’’ (internal quotation marks omitted)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Connecticut v. Whelan green
scotus · 1986
2 sentences

2025This approach departs from the black letter principle that ‘‘[i]nconsistencies may be shown not only by contradictory statements but also by omissions.’’ State v. Whelan, 200 Conn. 743 , 748 n.4, 513 A.2d 86, 91 , cert. denied, 479 U.S. 994 , 107 S. Ct. 597 , 93 L. Ed. 2d 598 (1986). ‘‘Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness’ prior statement . . . .

2025This approach departs from the black letter principle that ‘‘[i]nconsistencies may be shown not only by contradictory statements but also by omissions.’’ State v. Whelan, 200 Conn. 743 , 748 n.4, 513 A.2d 86, 91 , cert. denied, 479 U.S. 994 , 107 S. Ct. 597 , 93 L. Ed. 2d 598 (1986). ‘‘Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness’ prior statement . . . .

12025–2025
State v. Whelan green
conn · 1986
2 sentences

2025This approach departs from the black letter principle that ‘‘[i]nconsistencies may be shown not only by contradictory statements but also by omissions.’’ State v. Whelan, 200 Conn. 743 , 748 n.4, 513 A.2d 86, 91 , cert. denied, 479 U.S. 994 , 107 S. Ct. 597 , 93 L. Ed. 2d 598 (1986). ‘‘Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness’ prior statement . . . .

2025This approach departs from the black letter principle that ‘‘[i]nconsistencies may be shown not only by contradictory statements but also by omissions.’’ State v. Whelan, 200 Conn. 743 , 748 n.4, 513 A.2d 86, 91 , cert. denied, 479 U.S. 994 , 107 S. Ct. 597 , 93 L. Ed. 2d 598 (1986). ‘‘Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness’ prior statement . . . .

12025–2025
Asherman v. Connecticut green
scotus · 1985
2 sentences

2021It also found no prejudice under the particular facts of this case because ‘‘utilization of [the] dictionary definition [of manslaughter] would be inconsistent with the actual verdict reached,’’ given the difference between that definition and the statutory definition that the jury applied.16 In considering the second and third Johnson inquiries, the court also relied on the black letter principle that, ‘‘[i]n the absence of a clear indication to the contrary, [the court] must presume that the jury followed [the court’s] instruction.’’ State v. Asherman, 193 Conn. 695 , 737-38, 478 A.2d 227 (1

2021It also found no prejudice under the particular facts of this case because ‘‘utilization of [the] dictionary definition [of manslaughter] would be inconsistent with the actual verdict reached,’’ given the difference between that definition and the statutory definition that the jury applied.16 In considering the second and third Johnson inquiries, the court also relied on the black letter principle that, ‘‘[i]n the absence of a clear indication to the contrary, [the court] must presume that the jury followed [the court’s] instruction.’’ State v. Asherman, 193 Conn. 695 , 737-38, 478 A.2d 227 (1

12021–2021
State v. Asherman green
conn · 1984
2 sentences

2021It also found no prejudice under the particular facts of this case because ‘‘utilization of [the] dictionary definition [of manslaughter] would be inconsistent with the actual verdict reached,’’ given the difference between that definition and the statutory definition that the jury applied.16 In considering the second and third Johnson inquiries, the court also relied on the black letter principle that, ‘‘[i]n the absence of a clear indication to the contrary, [the court] must presume that the jury followed [the court’s] instruction.’’ State v. Asherman, 193 Conn. 695 , 737-38, 478 A.2d 227 (1

2021It also found no prejudice under the particular facts of this case because ‘‘utilization of [the] dictionary definition [of manslaughter] would be inconsistent with the actual verdict reached,’’ given the difference between that definition and the statutory definition that the jury applied.16 In considering the second and third Johnson inquiries, the court also relied on the black letter principle that, ‘‘[i]n the absence of a clear indication to the contrary, [the court] must presume that the jury followed [the court’s] instruction.’’ State v. Asherman, 193 Conn. 695 , 737-38, 478 A.2d 227 (1

12021–2021
Leo Foundation, Inc. v. Kiernan neutral
connappct · 1967
1 sentence

2020Leo Foundation, Inc. v. Kiernan, 5 Conn. Cir. 11, 15-16, 240 A.2d 218 (1967).’’ (Citation omitted; internal quotation marks omitted.) The trial court noted that ‘‘[t]his observation comports well with the black letter rule that ‘a contract is considered as a whole so as to give effect to all its provisions without narrowly concentrating [on] some clause or language taken out of context.’ Gold v. Rowland, 325 Conn. 146, 160 , 156 A.3d 477 (2017).’’ Thereafter, the court analyzed the various characteristics of the east branch to determine whether, as required by the separation agreement, a simil

12020–2020
Gold v. Rowland green
conn · 2017
2 sentences

2020Leo Foundation, Inc. v. Kiernan, 5 Conn. Cir. 11, 15-16, 240 A.2d 218 (1967).’’ (Citation omitted; internal quotation marks omitted.) The trial court noted that ‘‘[t]his observation comports well with the black letter rule that ‘a contract is considered as a whole so as to give effect to all its provisions without narrowly concentrating [on] some clause or language taken out of context.’ Gold v. Rowland, 325 Conn. 146, 160 , 156 A.3d 477 (2017).’’ Thereafter, the court analyzed the various characteristics of the east branch to determine whether, as required by the separation agreement, a simil

2020Leo Foundation, Inc. v. Kiernan, 5 Conn. Cir. 11, 15-16, 240 A.2d 218 (1967).’’ (Citation omitted; internal quotation marks omitted.) The trial court noted that ‘‘[t]his observation comports well with the black letter rule that ‘a contract is considered as a whole so as to give effect to all its provisions without narrowly concentrating [on] some clause or language taken out of context.’ Gold v. Rowland, 325 Conn. 146, 160 , 156 A.3d 477 (2017).’’ Thereafter, the court analyzed the various characteristics of the east branch to determine whether, as required by the separation agreement, a simil

12020–2020
State v. Ortiz green
conn · 2006
2 sentences

2020It ‘‘is well settled that prosecutorial disobedience of a trial court order, even one the prosecutor considers legally incorrect, constitutes improper conduct.’’ State v. Ortiz, 280 Conn. 686, 704 , 911 A.2d 1055 (2006). ‘‘In many cases, however, this black letter principle is easier stated than applied.

2020It ‘‘is well settled that prosecutorial disobedience of a trial court order, even one the prosecutor considers legally incorrect, constitutes improper conduct.’’ State v. Ortiz, 280 Conn. 686, 704 , 911 A.2d 1055 (2006). ‘‘In many cases, however, this black letter principle is easier stated than applied.

12020–2020
Gladstone, Realtors v. Village of Bellwood green
scotus · 1979
2 sentences

1985Jur. 2d, Administrative Law § 241 (1962); have used such terms as “considerable deference”; Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 107 , 99 S. Ct. 1601 , 60 L.

1985Jur. 2d, Administrative Law § 241 (1962); have used such terms as “considerable deference”; Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 107 , 99 S. Ct. 1601 , 60 L.

11985–1985

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (3)

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.

Where else courts name it

CA 18 (1972–2021) WI 9 (1990–2007) WV 8 (2001–2026) PA 8 (1972–2023) NY 7 (1976–2009) IA 7 (1984–2026) MA 6 (1982–2025) CT 6 (1985–2025) UT 5 (2010–2026) TX 5 (1983–2015) WA 5 (1993–2024) IL 4 (1990–2024) MO 4 (1971–2017) CO 4 (2002–2021) NV 3 (2018–2018) AR 3 (1992–2017) DE 2 (1975–2018) MI 2 (1982–2019) ID 2 (1981–1983) OK 2 (2011–2018) TN 2 (1991–2000) MN 2 (2016–2016) FL 2 (1985–2003) OH 2 (2010–2020) OR 2 (1994–2006) AZ 2 (1970–1989)

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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