vested right rule (Oklahoma) · Go Syfert
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vested right rule in Oklahoma

6 Oklahoma opinions name it 2 courts 1966–2018 0 in the last five years

The cases below were cited by Oklahoma 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
Polk v. Oklahoma Alcoholic Beverage Control Boardgreen
okla · 1966 · cited in 4 Oklahoma opinions naming this issue, 2016–2018
2 sentences

2018However, the judiciary's constitutional prerogatives concerning fact-finding and adjudication should not be confused with the legislative prerogative to determine the rules of evidence , which this Court has directly recognized: "[a]s to legislative authority to declare rules of evidence, and that same are subject to modification or change is unquestioned, no person having a vested right in a rule of evidence." Polk v. Oklahoma Alcoholic Beverage Control Bd. , 1966 OK 224 , ¶ 18, 420 P.2d 520 .

2018However, the judiciary's constitutional prerogatives concerning fact-finding and adjudication should not be confused with the legislative prerogative to determine the rules of evidence , which this Court has directly recognized: "[a]s to legislative authority to declare rules of evidence, and that same are subject to modification or change is unquestioned, no person having a vested right in a rule of evidence." Polk v. Oklahoma Alcoholic Beverage Control Bd. , 1966 OK 224 , ¶ 18, 420 P.2d 520 .

14

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
LEE v. BUENO green
okla · 2016
2 sentences

2018Lee , 2016 OK 97 at ¶ 41, 381 P.3d 736 (emphasis added). ¶ 29 When considered together, this Court's prior decisions support the following proposition: the Legislature is free to determine what evidence is and is not admissible in specific types of adjudicatory proceedings, but it may not afford elevated probative value to particular evidence nor give determinative effect to specific evidence or compel the conclusions to be drawn from it.

2018Lee , 2016 OK 97 at ¶ 41, 381 P.3d 736 (emphasis added). ¶ 29 When considered together, this Court's prior decisions support the following proposition: the Legislature is free to determine what evidence is and is not admissible in specific types of adjudicatory proceedings, but it may not afford elevated probative value to particular evidence nor give determinative effect to specific evidence or compel the conclusions to be drawn from it.

22018–2018
Loftis v. Multiple Injury Trust Fund green
oklacivapp · 2003
2 sentences

2003Supp.1994 § 172, as applied to PPD actions filed after October 81, 1999, ... where the subsequent injury occurred on or before that date, is an unreasonable exercise of legislative authority affecting a vested right in violation of Art. 5, § 54." 2003 OK CIV APP 30, ¶ 17 , 67 P.3d at 924 .

2003Supp.1994 § 172, as applied to PPD actions filed after October 81, 1999, ... where the subsequent injury occurred on or before that date, is an unreasonable exercise of legislative authority affecting a vested right in violation of Art. 5, § 54." 2003 OK CIV APP 30, ¶ 17 , 67 P.3d at 924 .

12003–2003
State v. Lapointe green
nh · 1924
1 sentence

1966Bekins v. City of Tulsa, Okl., 299 P.2d 792 ; Fry v. Wolfe, 106 Okl. 289 , 234 P. 191 ; Ann. 31 A.L.R. 1212 .

11966–1966
Bekins v. City of Tulsa green
okla · 1956
1 sentence

1966Bekins v. City of Tulsa, Okl., 299 P.2d 792 ; Fry v. Wolfe, 106 Okl. 289 , 234 P. 191 ; Ann. 31 A.L.R. 1212 .

11966–1966
Fry v. Wolfe neutral
okla · 1924
2 sentences

1966Bekins v. City of Tulsa, Okl., 299 P.2d 792 ; Fry v. Wolfe, 106 Okl. 289 , 234 P. 191 ; Ann. 31 A.L.R. 1212 .

1966Bekins v. City of Tulsa, Okl., 299 P.2d 792 ; Fry v. Wolfe, 106 Okl. 289 , 234 P. 191 ; Ann. 31 A.L.R. 1212 .

11966–1966

Where else courts name it

CA 12 (1925–2021) IL 9 (1930–2011) PA 9 (1930–2013) KS 7 (1900–2019) AZ 7 (1970–2016) NJ 6 (1955–1962) OK 6 (1966–2018) TX 6 (1928–1989) WA 6 (1959–2025) NY 6 (1947–1994) MI 5 (1913–2003) WI 5 (1899–2001) NC 5 (1904–2025) CO 4 (1989–2025) WV 4 (1941–1994) MN 4 (1945–1980) FL 3 (1991–2017) CT 3 (2015–2017) LA 3 (1995–2024) KY 3 (1895–2024) OR 3 (1917–2002) AR 3 (1917–2007) IA 2 (1977–2010) NV 2 (1921–2000) AK 2 (2003–2003) OH 2 (2006–2007) TN 2 (1987–2005) NM 2 (2005–2008)

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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