enumerated factors (North Dakota) · Go Syfert
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enumerated factors in North Dakota

6 North Dakota opinions name it 1 courts 1981–2014 0 in the last five years

The cases below were cited by North Dakota 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 (3)

CaseFollowedCited
Kennedy v. Mendoza-Martinezgreen
scotus · 1963 · cited in 2 North Dakota opinions naming this issue, 1999–1999
2 sentences

1999Id. at 168-69 , 83 S.Ct. 554 (footnotes omitted) (brackets added).

1999Id. at 168-69 , 83 S.Ct. 554 (footnotes omitted) (brackets added).

12
Grinaker v. Grinakergreen
nd · 1996 · cited in 1 North Dakota opinions naming this issue, 2014–2014
2 sentences

2014And I feel at this time I have heard more than enough to factor that small piece of the pie into the equation. [¶ 14] “An abuse of discretion is never assumed; the burden is upon the party seeking relief to affirmatively establish it.... [A] trial court abuses its discretion only when it acts in an arbitrary, unconscionable, or unreasonable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination.” Grinaker v. Grinaker, 553 N.W.2d 204, 207 (N.D.1996). [¶ 15] We conclude the court’s decision to not allow the child to testify a second time

2014And I feel at this time I have heard more than enough to factor that small piece of the pie into the equation. [¶14] “An abuse of discretion is never assumed; the burden is upon the party seeking relief to affirmatively establish it. . . . [A] trial court abuses its discretion only when it acts in an arbitrary, unconscionable, or unreasonable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination.” Grinaker v. Grinaker , 553 N.W.2d 204, 207 (N.D. 1996). [¶15] We conclude the court’s decision to not allow the child to testify a second ti

11
Hegge v. Heggegreen
nd · 1975 · cited in 1 North Dakota opinions naming this issue, 1981–1981
1 sentence

1981The findings of fact are not “grossly inadequate.” See Hegge v. Hegge, 236 N.W.2d 910, 914 (N.D.1975).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Venn v. Howell's Auto Repair Center, Inc. (In Re Howell) green
flnb · 1993
1 sentence

1995In re All American Manufacturing Corp., supra; In re Howell, supra. The trial court considered numerous factors in concluding that the agreement here created a security interest rather than a true lease, including: Heritage was to insure, maintain, and repair the property; Heritage was to pay taxes on the property; and, Heritage bore the risk of loss or damage to the property.

11995–1995
Mertz v. Mertz green
nd · 1989
1 sentence

1990Id. at 128 ; Mertz, 439 N.W.2d at 96 .

11990–1990
Lapp v. Lapp green
nd · 1980
1 sentence

1990Id. at 128 ; Mertz, 439 N.W.2d at 96 .

11990–1990
Ellendale Farmers Union Cooperative Ass'n v. Davis green
nd · 1974
1 sentence

1981The Court further finds, that the other enumerated factors outlined in § 14r-09-06.2 are equal between both of the parties.” Although we think that more artfully drafted findings of fact would more clearly provide the explicit basis for the trial court’s determination, Ellendale Farmers Union Cooperative Ass’n v. Davis, 219 N.W.2d 829 (N.D.1974), we believe that we understand what the trial court intended with respect to each of the 10 factors listed in § 14-09-06.2.

11981–1981

Statutes the citing opinions construe

ND § N.D. Cent. Code § 27-05-06 (3) ND § N.D. Cent. Code § 28-27-01 (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

PA 308 (1980–2026) GA 201 (1966–2026) OH 170 (1991–2026) NY 87 (1965–2026) CA 69 (1980–2026) TN 59 (1994–2026) TX 45 (1978–2025) IL 41 (1985–2026) NJ 31 (1990–2025) MI 30 (1980–2026) NH 29 (1980–2025) IN 27 (1978–2025) IA 25 (1985–2026) VA 20 (1992–2024) LA 19 (1980–2014) FL 19 (1972–2025) CO 18 (1978–2026) MD 17 (1984–2025) NC 16 (1972–2026) AZ 16 (1966–2025) MO 15 (1984–2025) WA 14 (1993–2026) NV 13 (1994–2022) OR 12 (1984–2022) WI 11 (1964–2026) MS 9 (1990–2010) MA 8 (1982–2025) NM 8 (1986–2024) CT 7 (2000–2025) KS 6 (1983–2021) DC 6 (1985–2025) UT 6 (1988–2023) ND 6 (1981–2014) AK 6 (2013–2025) AR 6 (2004–2017) ID 5 (1983–2025) MT 5 (1986–2020) HI 5 (1982–2022) KY 4 (1981–2022) WV 4 (1998–2013) VT 3 (2009–2023) AL 3 (1968–1979) ME 3 (1986–2004) RI 2 (1985–2017) MN 2 (2002–2007) SD 2 (1999–2023)

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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