first element test (Idaho) · Go Syfert
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first element test in Idaho

6 Idaho opinions name it 2 courts 1993–2020 0 in the last five years

The cases below were cited by Idaho 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 (4)

CaseFollowedCited
Foster v. City of St. Anthonygreen
idaho · 1992 · cited in 1 Idaho opinions naming this issue, 2020–2020
2 sentences

2020Anthony, 122 Idaho 883, 888 , 841 P.2d 413, 418 (1992)).

2020Anthony, 122 Idaho 883, 888 , 841 P.2d 413, 418 (1992)).

11
Dunham v. Hackney Airpark, Inc.green
idahoctapp · 1999 · cited in 1 Idaho opinions naming this issue, 2006–2006
2 sentences

2006As to the first element of this test, [t]he offer to dedicate may be made in a number of ways, including the act of recording or filing a subdivision plat depicting the specific areas subject to dedication, so long as there is a clear and unequivocal indication the owner intends to dedicate the land as depicted____ In determining whether the owner intended to offer the land for dedication, the court must examine the plat, as well as “the surrounding circumstances and conditions of the development and sale of lots.” Sun Valley Land & Minerals, Inc., 138 Idaho at 548 , 66 P.3d at 803 (quoting Du

2006As to the first element of this test, [t]he offer to dedicate may be made in a number of ways, including the act of recording or filing a subdivision plat depicting the specific areas subject to dedication, so long as there is a clear and unequivocal indication the owner intends to dedicate the land as depicted____ In determining whether the owner intended to offer the land for dedication, the court must examine the plat, as well as “the surrounding circumstances and conditions of the development and sale of lots.” Sun Valley Land & Minerals, Inc., 138 Idaho at 548 , 66 P.3d at 803 (quoting Du

11
State v. Buzzardgreen
idahoctapp · 1986 · cited in 1 Idaho opinions naming this issue, 1993–1993
2 sentences

1993State v. Buzzard, 110 Idaho 800, 802, 718 P.2d 1238, 1240 (Ct.App.1986). *655 We exercise free review of the trial court’s decision on the first element of the test — the determination of the testimony’s relevance — because relevancy is not a factual issue nor a matter of judicial discretion.

1993State v. Buzzard, 110 Idaho 800, 802, 718 P.2d 1238, 1240 (Ct.App.1986). *655 We exercise free review of the trial court’s decision on the first element of the test — the determination of the testimony’s relevance — because relevancy is not a factual issue nor a matter of judicial discretion.

11
State v. Maylettgreen
idahoctapp · 1985 · cited in 1 Idaho opinions naming this issue, 1993–1993
2 sentences

1993State v. Raudebaugh, 124 Idaho 758 , 864 P.2d 596 (1993), petition for review pending-, State v. Maylett, 108 Idaho 671, 674 , 701 P.2d 291, 294 (Ct.App.1985) (Burnett, J., concurring).

1993State v. Raudebaugh, 124 Idaho 758 , 864 P.2d 596 (1993), petition for review pending-, State v. Maylett, 108 Idaho 671, 674 , 701 P.2d 291, 294 (Ct.App.1985) (Burnett, J., concurring).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Ticor Title Co. v. Stanion green
idaho · 2007
2 sentences

2020Ticor, 144 Idaho at 124 .

2020Because Gateway was not a party to the first suit, we examine whether Gateway was in privity with Neptune or Neptune Industries to satisfy the first element of claim preclusion. 8 “To be privies, a person not a party to the former action must ‘derive[] his interest from one who was a party to it, that is, . . . he [must be] in privity with a party to that judgment.’ ” Id. (quoting Foster v. Cty. of St.

22020–2020
Jones v. Healthsouth Treasure Valley Hospital green
idaho · 2009
2 sentences

2016On the morning of the surgery, Mr. Wainio signed a fourth form titled “Syringa Surgery Center Consent for Operation, Anesthesia or Other Procedures.” It included a statement, “I am awai'e of my physicians’ [sic] ownership in the surgery center and am aware that I may have surgery or treatment performed at any other facility where my surgeon has privileges.” The first element of the doctrine of apparent authority is “conduct by the principal that would lead a person to reasonably believe that another person acts on the principal’s behalf.” Jones, 147 Idaho at 116 , 206 P.3d at 480 .

2016On the morning of the surgery, Mr. Wainio signed a fourth form titled “Syringa Surgery Center Consent for Operation, Anesthesia or Other Procedures.” It included a statement, “I am awai'e of my physicians’ [sic] ownership in the surgery center and am aware that I may have surgery or treatment performed at any other facility where my surgeon has privileges.” The first element of the doctrine of apparent authority is “conduct by the principal that would lead a person to reasonably believe that another person acts on the principal’s behalf.” Jones, 147 Idaho at 116 , 206 P.3d at 480 .

22016–2016
SUN VALLEY LAND AND MINERALS v. Hawkes green
idaho · 2003
2 sentences

2006As to the first element of this test, [t]he offer to dedicate may be made in a number of ways, including the act of recording or filing a subdivision plat depicting the specific areas subject to dedication, so long as there is a clear and unequivocal indication the owner intends to dedicate the land as depicted____ In determining whether the owner intended to offer the land for dedication, the court must examine the plat, as well as “the surrounding circumstances and conditions of the development and sale of lots.” Sun Valley Land & Minerals, Inc., 138 Idaho at 548 , 66 P.3d at 803 (quoting Du

2006As to the first element of this test, [t]he offer to dedicate may be made in a number of ways, including the act of recording or filing a subdivision plat depicting the specific areas subject to dedication, so long as there is a clear and unequivocal indication the owner intends to dedicate the land as depicted____ In determining whether the owner intended to offer the land for dedication, the court must examine the plat, as well as “the surrounding circumstances and conditions of the development and sale of lots.” Sun Valley Land & Minerals, Inc., 138 Idaho at 548 , 66 P.3d at 803 (quoting Du

12006–2006
State v. Raudebaugh green
idaho · 1993
2 sentences

1993State v. Raudebaugh, 124 Idaho 758 , 864 P.2d 596 (1993), petition for review pending-, State v. Maylett, 108 Idaho 671, 674 , 701 P.2d 291, 294 (Ct.App.1985) (Burnett, J., concurring).

1993State v. Raudebaugh, 124 Idaho 758 , 864 P.2d 596 (1993), petition for review pending-, State v. Maylett, 108 Idaho 671, 674 , 701 P.2d 291, 294 (Ct.App.1985) (Burnett, J., concurring).

11993–1993

Where else courts name it

TX 56 (1990–2025) CA 23 (1956–2025) IL 19 (1987–2025) OH 18 (2002–2025) TN 16 (1998–2019) MI 15 (2015–2025) MO 14 (1983–2024) WA 14 (1970–2019) WI 13 (1980–2025) NC 13 (1990–2025) PA 12 (1990–2026) UT 11 (1986–2026) NJ 10 (1993–2026) DE 9 (1987–2023) KS 9 (2019–2025) NY 8 (1990–2025) CO 8 (1983–2026) SD 7 (1978–2026) IA 7 (1984–2024) MA 7 (1992–2020) FL 7 (1988–2026) CT 7 (1991–2025) GA 6 (2002–2019) NM 6 (2013–2022) MN 6 (1987–2018) RI 6 (1980–2021) IN 6 (1982–2005) ID 6 (1993–2020) NE 5 (1959–2025) WV 5 (1988–2017) AR 4 (2002–2020) MT 4 (1994–2025) MS 4 (1994–2002) KY 4 (2013–2024) DC 4 (1986–2025) LA 3 (2001–2015) MD 3 (2002–2017) AL 3 (1995–2009) WY 3 (2003–2016) SC 3 (2003–2018) HI 3 (1978–2016) ME 3 (2001–2019) ND 2 (1982–2025) AZ 2 (1976–2006) OK 2 (1985–1993)

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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