mode analysis in Oregon

6 Oregon opinions name it 1 courts 2005–2024 2 in the last five years

The cases below were cited by Oregon 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 (2)

Case	Followed	Cited
Portland General Electric Co. v. Bureau of Labor & Industriesgreen or · 1993 · cited in 3 Oregon opinions naming this issue, 2005–2024 2 sentences 2024Because the legislature had not provided definitions for those terms, this court looked to “common meanings” of the text, id. (citing PGE, 317 Or at 611 ), which included the following: • “ ‘Incapable’ means ‘lacking capacity, ability, * * * qual- ification for the purpose or end in view[;] * * * lacking legal qualification or power esp. because of some fun- damental legal disqualification[;] lacking the personal ability, * * * or understanding required in some legal matter[.]’ ” Cite as 373 Or 122 (2024) 135 • “ ‘Appraise’ means ‘to judge and analyze the worth, sig- nificance or status of[.]’ 2024Because the legislature had not provided definitions for those terms, this court looked to “common meanings” of the text, id. (citing PGE, 317 Or at 611 ), which included the following: • “ ‘Incapable’ means ‘lacking capacity, ability, * * * qual- ification for the purpose or end in view[;] * * * lacking legal qualification or power esp. because of some fun- damental legal disqualification[;] lacking the personal ability, * * * or understanding required in some legal matter[.]’ ” Cite as 373 Or 122 (2024) 135 • “ ‘Appraise’ means ‘to judge and analyze the worth, sig- nificance or status of[.]’	1	3
Robert B. Reich, U.S. Secretary of Labor v. Hoy Shoe Company, Inc.green ca8 · 1994 · cited in 1 Oregon opinions naming this issue, 2019–2019 1 sentence 2019See, e.g. , Reich v. Hoy Shoe Co., Inc. , 32 F.3d 361 , 365 (8th Cir. 1994).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
State v. Reed green or · 2005 2 sentences 2024Because the legislature had not provided definitions for those terms, this court looked to “common meanings” of the text, id. (citing PGE, 317 Or at 611 ), which included the following: • “ ‘Incapable’ means ‘lacking capacity, ability, * * * qual- ification for the purpose or end in view[;] * * * lacking legal qualification or power esp. because of some fun- damental legal disqualification[;] lacking the personal ability, * * * or understanding required in some legal matter[.]’ ” Cite as 373 Or 122 (2024) 135 • “ ‘Appraise’ means ‘to judge and analyze the worth, sig- nificance or status of[.]’ 2024Because the legislature had not provided definitions for those terms, this court looked to “common meanings” of the text, id. (citing PGE, 317 Or at 611 ), which included the following: • “ ‘Incapable’ means ‘lacking capacity, ability, * * * qual- ification for the purpose or end in view[;] * * * lacking legal qualification or power esp. because of some fun- damental legal disqualification[;] lacking the personal ability, * * * or understanding required in some legal matter[.]’ ” Cite as 373 Or 122 (2024) 135 • “ ‘Appraise’ means ‘to judge and analyze the worth, sig- nificance or status of[.]’	2	2024–2024
State v. Wallace green or · 2024 2 sentences 2024Because the legislature had not provided definitions for those terms, this court looked to “common meanings” of the text, id. (citing PGE, 317 Or at 611 ), which included the following: • “ ‘Incapable’ means ‘lacking capacity, ability, * * * qual- ification for the purpose or end in view[;] * * * lacking legal qualification or power esp. because of some fun- damental legal disqualification[;] lacking the personal ability, * * * or understanding required in some legal matter[.]’ ” Cite as 373 Or 122 (2024) 135 • “ ‘Appraise’ means ‘to judge and analyze the worth, sig- nificance or status of[.]’ 2024Because the legislature had not provided definitions for those terms, this court looked to “common meanings” of the text, id. (citing PGE, 317 Or at 611 ), which included the following: • “ ‘Incapable’ means ‘lacking capacity, ability, * * * qual- ification for the purpose or end in view[;] * * * lacking legal qualification or power esp. because of some fun- damental legal disqualification[;] lacking the personal ability, * * * or understanding required in some legal matter[.]’ ” Cite as 373 Or 122 (2024) 135 • “ ‘Appraise’ means ‘to judge and analyze the worth, sig- nificance or status of[.]’	2	2024–2024
Dairy Queen, Inc. v. Wood green scotus · 1962 2 sentences 2012The United States Supreme Court settled on a mode of analysis for use in the federal courts in Dairy Queen v. Wood, 369 US 469 , 82 S Ct 894 , 8 L Ed 2d 44 (1962). 2012The United States Supreme Court settled on a mode of analysis for use in the federal courts in Dairy Queen v. Wood, 369 US 469 , 82 S Ct 894 , 8 L Ed 2d 44 (1962).	1	2012–2012
State v. Holmes green or · 1991 2 sentences 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that. 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that.	1	2010–2010
State v. Juarez-Godinez green or · 1997 2 sentences 2010The analysis that the court announced in State v. Holmes, 311 Or. 400, 409-10 , 813 P.2d 28 (1991), and applied in State v. Toevs, 327 Or. 525, 535 , 964 P.2d 1007 (1998), State v. Juarez-Godinez, 326 Or. 1, 6 , 942 P.2d 772 (1997), State v. Dahl, 323 Or. 199, 207-08 , 915 P.2d 979 (1996), and State v. Ehly, 317 Or. 66, 78-79 , 854 P.2d 421 (1993), was designed to do just that. 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that.	1	2010–2010
State v. Toevs green or · 1998 2 sentences 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that. 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that.	1	2010–2010
State v. Ehly green or · 1993 2 sentences 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that. 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that.	1	2010–2010
State v. Dahl green or · 1996 2 sentences 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that. 2010The analysis that the court announced in State v. Holmes, 311 Or 400, 409-10 , 813 P2d 28 (1991), and applied in State v. Toevs, 327 Or 525, 535 , 964 P2d 1007 (1998), State v. Juarez-Godinez, 326 Or 1, 6, 942 , P2d 772 (1997), State v. Dahl, 323 Or 199, 207-08 , 915 P2d 979 (1996), and State v. Ehly, 317 Or 66, 78-79 , 854 P2d 421 (1993), was designed to do just that.	1	2010–2010

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 163.305 (3) OR § Or. Rev. Stat. § 163.315 (3) OR § Or. Rev. Stat. § 163.375 (3) OR § Or. Rev. Stat. § 163.427 (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 98 (1899–2026) TX 26 (1949–2023) IL 14 (1900–2026) MO 12 (1878–2020) NC 10 (1980–2016) PA 10 (1891–2020) IN 10 (1882–2019) MI 10 (1984–2026) MD 9 (1975–2018) MA 9 (1979–2018) NY 9 (1866–2026) DC 7 (1976–2025) VA 7 (1876–2011) AL 7 (1885–2015) CO 7 (1983–1995) OR 6 (2005–2024) OK 6 (1911–2020) FL 6 (1931–1989) HI 5 (1999–2024) NJ 5 (1955–2021) MT 5 (1928–2024) OH 5 (1993–2017) IA 5 (1977–2026) WV 5 (1939–1975) UT 4 (1991–2020) ID 4 (1922–2023) DE 4 (2001–2023) WA 4 (2007–2025) LA 4 (1982–1991) CT 3 (1834–2015) NM 3 (1999–2021) NE 3 (1950–2021) GA 3 (1888–2008) KS 3 (1985–2019) AK 3 (1971–1981) WI 3 (2001–2019) AZ 3 (1976–2008) TN 2 (1923–2014) WY 2 (1991–1991) RI 2 (2007–2007) MN 2 (1977–2005)

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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