examination factors in Pennsylvania

49 Pennsylvania opinions name it 6 courts 1834–2026 4 in the last five years

The cases below were cited by Pennsylvania 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 (20)

Case	Followed	Cited
JFC Temps, Inc. v. Workmen's Compensation Appeal Boardgreen pa · 1996 · cited in 13 Pennsylvania opinions naming this issue, 1996–2026 2 sentences 2020While “the examination of these factors guides the determination, each case must be decided on its own facts.” Id. 2015Although the examination of these factors guides the determination, each case must be decided on its own facts. -3- J-S56003-15 Mullins v. Sun Co., Inc., 763 A.2d 398, 400 (Pa. Super. 2000) (citing JFC Temps, Inc. v. Workers’ Compensation Appeal Board, 680 A.2d 862, 864 (Pa. 1996)) (emphasis added).	9	13
Gardner, E. v. MIA Products Companygreen pasuperct · 2018 · cited in 3 Pennsylvania opinions naming this issue, 2019–2021 2 sentences 2021Gardner v. MIA Products Co., 189 A.3d 441, 444 (Pa. Super. 2018) (quoting JFC Temps, Inc. v. WCAB (Lindsay), 680 A.2d 862, 864 (Pa. 1996)). 2019JFC Temps, Inc., 680 A.2d at 864 (citations omitted) (emphasis added); see also Gardner, 189 A.3d at 444 ; Mullins, 763 A.2d at 400 .	3	3
Commonwealth v. Beckergreen pa · 1937 · cited in 4 Pennsylvania opinions naming this issue, 1941–2016 2 sentences 1948“A distinction is drawn between cases where it is sought to prove particular acts of misconduct and those where the purpose of the examination is to test the accuracy of the testimony by showing either that the witness is not familiar with the reputation concerning which he has testified or. that his standard of- what constitutes good repute is unsound”: Commonwealth v. Becker, 326 Pa. 105, 114 , 191 A. 351 . 1948“A distinction is drawn between cases where it is sought to prove particular acts of misconduct and those where the purpose of the examination is to test the accuracy of the testimony by showing either that the witness is not familiar with the reputation concerning which he has testified or. that his standard of- what constitutes good repute is unsound”: Commonwealth v. Becker, 326 Pa. 105, 114 , 191 A. 351 .	2	4
United States v. Morton Salt Co.green scotus · 1950 · cited in 2 Pennsylvania opinions naming this issue, 1986–1986 2 sentences 1986United States v. Morton Salt Co., 338 U.S. 632, 652 , 70 S.Ct. 357, 369 , 94 L.Ed. 401, 416 (1950); Annenberg v. Roberts, 333 Pa. 203 , 2 A.2d 612 (1938). 1986United States v. Morton Salt Co., 338 U.S. 632, 652 , 70 S.Ct. 357, 369 , 94 L.Ed. 401, 416 (1950); Annenberg v. Roberts, 333 Pa. 203 , 2 A.2d 612 (1938).	2	2
Mullins v. Sun Co., Inc.green pasuperct · 2000 · cited in 3 Pennsylvania opinions naming this issue, 2015–2019 2 sentences 2019JFC Temps, Inc., 680 A.2d at 864 (citations omitted) (emphasis added); see also Gardner, 189 A.3d at 444 ; Mullins, 763 A.2d at 400 . 2015Although the examination of these factors guides the determination, each case must be decided on its own facts. -3- J-S56003-15 Mullins v. Sun Co., Inc., 763 A.2d 398, 400 (Pa. Super. 2000) (citing JFC Temps, Inc. v. Workers’ Compensation Appeal Board, 680 A.2d 862, 864 (Pa. 1996)) (emphasis added).	1	3
Commonwealth v. Ohlegreen pa · 1983 · cited in 2 Pennsylvania opinions naming this issue, 1987–2006 2 sentences 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986). 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986).	1	2
McMullan v. WOHLGEMUTHgreen pa · 1971 · cited in 2 Pennsylvania opinions naming this issue, 1977–1979 2 sentences 1979“A prehminary injunction is generally simply preventive, maintaining the status quo until the rights of the parties are determined after a full examination and hearing.” McMullan v. Wohlgemuth, 444 Pa. 563, 573 , 281 A. 2d 836 (1971). 1979“A prehminary injunction is generally simply preventive, maintaining the status quo until the rights of the parties are determined after a full examination and hearing.” McMullan v. Wohlgemuth, 444 Pa. 563, 573 , 281 A. 2d 836 (1971).	1	2
Commonwealth v. Carsongreen pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019 1 sentence 2019“A trial court is not required to use any particular jury instructions, or particular forms of expression, so long as those instructions clearly and accurately characterize relevant law.” Commonwealth v. Carson, 913 A.2d 220, 255 (Pa. 2006) (citation omitted).	1	1
Commonwealth v. Jonesgreen pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019 1 sentence 2019“Appellate review of a charge must be based on an examination of the instruction in its entirety to determine whether it was fair or prejudicial.” Commonwealth v. Jones, 912 A.2d 268, 281 (Pa. 2006) (citation omitted). “[U]nless a particular instruction is fundamentally erroneous … no relief is due.” Commonwealth v. Simpson, 66 A.3d 253, 268 (Pa. 2013) (citation omitted).	1	1
Commonwealth v. Simpsongreen pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019 1 sentence 2019“Appellate review of a charge must be based on an examination of the instruction in its entirety to determine whether it was fair or prejudicial.” Commonwealth v. Jones, 912 A.2d 268, 281 (Pa. 2006) (citation omitted). “[U]nless a particular instruction is fundamentally erroneous … no relief is due.” Commonwealth v. Simpson, 66 A.3d 253, 268 (Pa. 2013) (citation omitted).	1	1
McGrath v. Bureau of Prof'l & Occupational Affairsgreen pacommwct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018 1 sentence 2018See McGrath, 146 A.3d at 313 . 7 ambiguous, and because the Law was penal in nature, we construed it strictly and in favor of the individual.	1	1
Commonwealth v. Kennedygreen pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018 2 sentences 2018See Commonwealth v. Kennedy , 583 Pa. 208 , 876 A.2d 939 , 946-47 (2005). 2018See Commonwealth v. Kennedy , 583 Pa. 208 , 876 A.2d 939 , 946-47 (2005).	1	1
Commonwealth v. Adamsgreen pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 1 sentence 2015Pa.R.E. 608, Comment; see also Commonwealth v. Adams, 626 A.2d 1231, 1233 (Pa.Super. 1993) (where the purpose of the examination is to test the accuracy of the testimony by showing either that the witness is not familiar with the reputation concerning which he has testified or that his standard of what constitutes good repute is unsound, the evidence is admissible provided the actual purpose of the cross-examination is not to show commission by the defendant of a specific crime of which he or she is not now accused, but to test only the credibility of the character witness), appeal denied, 636	1	1
Commonwealth v. Brysongreen pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006 1 sentence 2006Commonwealth v. Bryson, 860 A.2d 1101, 1104-1105 (Pa.Super.2004). *971 ¶ 31 Herein, an examination of the instruction the trial court provided to the jury as a whole reveals that the omission of a prompt complaint instruction did not amount to fundamental error, nor did the absence of that charge prejudice Appellant.	1	1
Commonwealth v. Ricegreen pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004 2 sentences 2004Commonwealth v. Rice, 568 Pa. 182 , 795 A.2d 340, 352 (2002) ("Appellate review of a charge must be based on an examination of the instruction as a whole to determine whether it was fair or prejudicial.") (citation omitted); see 18 Pa.C.S. § 306 (defining accomplice liability). 2004Commonwealth v. Rice, 568 Pa. 182 , 795 A.2d 340, 352 (2002) ("Appellate review of a charge must be based on an examination of the instruction as a whole to determine whether it was fair or prejudicial.") (citation omitted); see 18 Pa.C.S. § 306 (defining accomplice liability).	1	1
DiLucido v. Terminix International, Inc.green pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001 2 sentences 2001The purpose behind allowing class action suits is “to provide a means by which the claims of many individuals could be resolved at one time, thereby eliminating the possibility of repetitious litigation and providing small claimants with a method to seek compensation for claims that would otherwise be too small to litigate.” DiLucido v. Terminix International Inc., 450 Pa. Super. 393, 397 , 676 A.2d 1237, 1239 (1996) (citing Bell v. Beneficial Consumer Discount Co., 465 Pa. 225, 231 , 348 A.2d 734, 737 (1975)). 2001The purpose behind allowing class action suits is “to provide a means by which the claims of many individuals could be resolved at one time, thereby eliminating the possibility of repetitious litigation and providing small claimants with a method to seek compensation for claims that would otherwise be too small to litigate.” DiLucido v. Terminix International Inc., 450 Pa. Super. 393, 397 , 676 A.2d 1237, 1239 (1996) (citing Bell v. Beneficial Consumer Discount Co., 465 Pa. 225, 231 , 348 A.2d 734, 737 (1975)).	1	1
Bell v. Beneficial Consumer Discount Co.green pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001 2 sentences 2001The purpose behind allowing class action suits is “to provide a means by which the claims of many individuals could be resolved at one time, thereby eliminating the possibility of repetitious litigation and providing small claimants with a method to seek compensation for claims that would otherwise be too small to litigate.” DiLucido v. Terminix International Inc., 450 Pa. Super. 393, 397 , 676 A.2d 1237, 1239 (1996) (citing Bell v. Beneficial Consumer Discount Co., 465 Pa. 225, 231 , 348 A.2d 734, 737 (1975)). 2001The purpose behind allowing class action suits is “to provide a means by which the claims of many individuals could be resolved at one time, thereby eliminating the possibility of repetitious litigation and providing small claimants with a method to seek compensation for claims that would otherwise be too small to litigate.” DiLucido v. Terminix International Inc., 450 Pa. Super. 393, 397 , 676 A.2d 1237, 1239 (1996) (citing Bell v. Beneficial Consumer Discount Co., 465 Pa. 225, 231 , 348 A.2d 734, 737 (1975)).	1	1
D & B Auto Sales v. Commonwealthgreen pacommwct · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994 2 sentences 1994Prior to 1984, when the present statute took effect, new vehicles were defined as: [m]otor vehicles which have never been registered or titled in Pennsylvania or any other state and on which a tax for education . . . has not been paid prior to such sale. 63 Pa.S.A. § 805(2)(xvi) (repealed January 1, 1984), quoted in D & B Auto Sales v. Commonwealth, Dept. of State, 29 Pa.Commw. 113, 116, 370 A.2d 428, 430 (1977). 1994Prior to 1984, when the present statute took effect, new vehicles were defined as: [mjotor vehicles which have never been registered or titled in Pennsylvania or any other state and on which a tax for education ... has not been paid prior to such sale. 63 Pa.S.A. § 805(2)(xvi) (repealed January 1, 1984), quoted in D & B Auto Sales v. Commonwealth, Dept. of State, 29 Pa.Commw. 113, 116, 370 A.2d 428, 430 (1977).	1	1
Barker v. Wingogreen scotus · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977	1	1
Henigin v. Booth & Flinn, Ltd.green pa · 1932 · cited in 1 Pennsylvania opinions naming this issue, 1935–1935	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (24)

Case	Cited	Years
Daily Express, Inc. v. Commonwealth green pacommwct · 1979 2 sentences 2018Daily Express, Inc. v. Workmen's Compensation Appeal Board , 46 Pa. Commw. 434 , 406 A.2d 600 (1979). 2018Daily Express, Inc. v. Workmen's Compensation Appeal Board , 46 Pa. Commw. 434 , 406 A.2d 600 (1979).	4	1996–2018
Audenried v. Philadelphia & Reading Railroad neutral pa · 1871 2 sentences 1972In Audenreid v. Phila. & Reading Railroad Co., 68 Pa. 370 (1871), we said that an interlocutory or preliminary injunction could not be mandatory. 1971The object of the first in general is simply preventative, to maintain things in the condition in which they are at the time until the rights and equities of the parties can be considered and determined after a full examination and hearing: Audenried v. Philadelphia and Reading R.R., 68 Pa. 370 (1870); Emerman et ux. v. Baldwin et al., 186 Pa. Superior Ct. 561 , 142 A. 2d 440 (1958).	4	1971–1972
Basin Electric Power Cooperative v. Midwest Processing Co. green scotus · 1986 2 sentences 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986). 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986).	3	1987–2006
Commonwealth v. Jones green pa · 1924 2 sentences 1941While it is true that questions pertaining to specific offenses cannot be asked character witnesses as “rebuttal” of evidence of good reputation (Com. v. Jones, 280 Pa. 368, 370 ), as was stated in Com. v. Becker, 326 Pa. 105, 114-15 , “A distinction is drawn between cases where it is sought to prove particular acts of misconduct and those where the purpose of the examination is to test the accuracy of the testimony by showing either that the witness is not familiar with the reputation concerning which he has testified or that his standard of what constitutes good repute is unsound. . . . 1939An overwhelming majority of jurisdictions, including our own, recognize such a distinction: Commonwealth v. Thomas, 282 Pa. 20 ; Commonwealth v. Jones, supra; State v. Rowell, 172 Ia. 208 ; Regina v. Wood, 5 Jur. 225; Wigmore on Evidence (2d ed. 1923) section 988; 71 A. L.	3	1937–1941
Basin Electric Power Cooperative v. Midwest Processing Co. green scotus · 1986 2 sentences 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986). 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986).	2	1987–2006
Metropolitan County Board of Education v. Kelley green scotus · 1986 2 sentences 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986). 2006Commonwealth v. Ohle, 503 Pa. 566 , 470 A.2d 61, 70 (1983), cert. denied, Ohle v. Pennsylvania, 474 U.S. 1083 , 106 S.Ct. 854 , 88 L.Ed.2d 894 (1986).	2	1987–2006
Annenberg v. Roberts green pa · 1938 2 sentences 1986United States v. Morton Salt Co., 338 U.S. 632, 652 , 70 S.Ct. 357, 369 , 94 L.Ed. 401, 416 (1950); Annenberg v. Roberts, 333 Pa. 203 , 2 A.2d 612 (1938). 1986United States v. Morton Salt Co., 338 U.S. 632, 652 , 70 S.Ct. 357, 369 , 94 L.Ed. 401, 416 (1950); Annenberg v. Roberts, 333 Pa. 203 , 2 A.2d 612 (1938).	2	1986–1986
Commonwealth v. Thomas green pa · 1924 2 sentences 1939An overwhelming majority of jurisdictions, including our own, recognize such a distinction: Commonwealth v. Thomas, 282 Pa. 20 ; Commonwealth v. Jones, supra; State v. Rowell, 172 Ia. 208 ; Regina v. Wood, 5 Jur. 225; Wigmore on Evidence (2d ed. 1923) section 988; 71 A. L. 1937An overwhelming majority of jurisdictions, including our own, recognize such a distinction : Commonwealth v. Thomas, 282 Pa. 20 ; Commonwealth v. Jones, supra; State v. Rowell, 172 la. 208; Regina v. Wood, 5 Jur. 225; Wigmore on Evidence (2d ed. 1923) section 988; 71 A. L.	2	1937–1939
Burrell, B. v. Streamlight, Inc. green pasuperct · 2019 1 sentence 2023Although the examination of these factors guides the determination, each case must be decided on its own facts. -6- J-S39034-23 Burrell v. Streamlight, Inc., 222 A.3d 1137 , 1139–40 (Pa. Super. 2019) (emphasis in original), citing JFC Temps, Inc. v. W.C.A.B.	1	2023–2023
Red Line Express Co. v. Workmen's Compensation Appeal Board green pacommwct · 1991 1 sentence 2020Although a provision in an agreement providing that the lending entity will pay for WC insurance is an “important factor” that militates against finding that the borrowing entity is a “borrowing employer” for purposes of the Act, Red Line Express Co., 588 A.2d at 96 , “the right to control the performance of the work is the overriding factor,” JFC Temps, Inc., 680 A.2d at 865 .	1	2020–2020
Commonwealth v. Zettlemoyer green pa · 1982 2 sentences 1990Commonwealth v. Zettlemoyer, 500 Pa. 16 , 454 A.2d 937 (1982), cert. denied sub nom. 1990Commonwealth v. Zettlemoyer, 500 Pa. 16 , 454 A.2d 937 (1982), cert. denied sub nom.	1	1990–1990
Commonwealth v. Dorsey green pasuperct · 1979	1	1982–1982
Romberger v. Romberger green pa · 1927 2 sentences 1982Romberger v. Romberger, 290 Pa. 454 , 139 A. 159 (1927) involved a judgment void on its face. 1982Romberger v. Romberger, 290 Pa. 454 , 139 A. 159 (1927) involved a judgment void on its face.	1	1982–1982
Wilkinsburg Boro. v. School District green · 1929	1	1982–1982
Miller v. Pate green scotus · 1967	1	1979–1979
Emerman v. Baldwin green pasuperct · 1958	1	1971–1971
Grove Press Inc. v. City of Philadelphia green ca3 · 1969	1	1971–1971
American Trust Co. v. Kaufman green pa · 1926	1	1951–1951
So. Cent. B. L. Assn. v. Milani green pa · 1930	1	1951–1951
Simon v. Sorrentino green pasuperct · 1941	1	1951–1951
State v. Rowell green · 1915	1	1939–1939
Hommel v. Lewis green · 1883	1	1896–1896
Noar v. Gill neutral pa · 1886	1	1896–1896
Mather v. Ministers of Trinity Church neutral pa · 1817	1	1834–1834

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2502 (3) PA § 42 Pa. Cons. Stat. § 9711 (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

NY 55 (1897–2019) CA 52 (1906–2025) PA 49 (1834–2026) IL 44 (1897–2021) TX 34 (1927–2024) MI 30 (1938–2026) NM 27 (1943–2026) OK 25 (1910–2017) GA 22 (1944–2023) IN 22 (1885–2019) AZ 20 (1966–2024) WI 20 (1978–2024) KS 19 (1890–2020) NE 16 (1889–2022) LA 15 (1965–2022) FL 14 (1966–2013) MO 14 (1914–2018) OR 13 (1900–2023) OH 12 (1948–2007) WY 11 (1974–2009) KY 10 (1938–2024) IA 10 (1938–2017) AR 9 (1918–2006) MN 8 (1870–2009) VA 8 (1915–2020) NV 7 (1940–1988) WA 7 (1911–2001) WV 7 (1953–2003) AL 7 (1989–2025) MD 6 (1967–2021) ME 6 (1971–2023) MA 6 (1967–2018) ND 5 (1968–2017) CO 5 (1939–1997) NJ 5 (1903–2024) TN 5 (1940–2010) SD 5 (1988–2009) CT 5 (1966–2002) SC 4 (1971–2014) ID 4 (1982–2018) NC 4 (1908–2022) MT 4 (1889–2024) AK 3 (1979–1997) DC 3 (1997–2015) UT 2 (1937–1989) VI 2 (2012–2016)

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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