sense standard (Hawaii) · Go Syfert
← Hawaii issues

sense standard in Hawaii

5 Hawaii opinions name it 1 courts 1970–2012 0 in the last five years

The cases below were cited by Hawaii 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
Coates v. City of Cincinnatigreen
scotus · 1971 · cited in 2 Hawaii opinions naming this issue, 1972–2010
2 sentences

2010The Court explained that "the ordinance [was] vague, not in the sense that it require[d] a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct [was] specified at all" inasmuch as "[c]onduct that annoys some people does not annoy others." Id.

2010The Court explained that “the ordinance [was] vague, not in the sense that it require[d] a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct [was] specified at all” inasmuch as “[c]onduct that annoys some people does not annoy others.” Id.

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Claim of Kurash v. Franklin Stores Corp. neutral
nyappdiv · 1961
2 sentences

1970In Kurash v. Franklin Stores Corporation, 12 A.D. 2d 368 , 211 N.Y.S. 2d 838 , lv. to app. den., 174 N.E. 2d 925 (1961), the court stated that “where there seems a reasonable basis for a difference in medical opinion on the cause of death, * * * there has been a tendency to sustain the presumption * * * where the medical record would be open to a finding either way,” and held: “Here we have a medical record which is sufficient to re-enforce the presumption of accident; and the Board was not bound to hold that the medical opinion the other way must be treated as ‘substantial evidence to the con

1970In Kurash v. Franklin Stores Corporation, 12 A.D. 2d 368 , 211 N.Y.S. 2d 838 , lv. to app. den., 174 N.E. 2d 925 (1961), the court stated that “where there seems a reasonable basis for a difference in medical opinion on the cause of death, * * * there has been a tendency to sustain the presumption * * * where the medical record would be open to a finding either way,” and held: “Here we have a medical record which is sufficient to re-enforce the presumption of accident; and the Board was not bound to hold that the medical opinion the other way must be treated as ‘substantial evidence to the con

21970–1970
Claim of Weisel v. National Transportation Co. neutral
nyappdiv · 1961
2 sentences

1970In Kurash v. Franklin Stores Corporation, 12 A.D. 2d 368 , 211 N.Y.S. 2d 838 , lv. to app. den., 174 N.E. 2d 925 (1961), the court stated that “where there seems a reasonable basis for a difference in medical opinion on the cause of death, * * * there has been a tendency to sustain the presumption * * * where the medical record would be open to a finding either way,” and held: “Here we have a medical record which is sufficient to re-enforce the presumption of accident; and the Board was not bound to hold that the medical opinion the other way must be treated as ‘substantial evidence to the con

1970In Kurash v. Franklin Stores Corporation, 12 A.D. 2d 368 , 211 N.Y.S. 2d 838 , lv. to app. den., 174 N.E. 2d 925 (1961), the court stated that “where there seems a reasonable basis for a difference in medical opinion on the cause of death, * * * there has been a tendency to sustain the presumption * * * where the medical record would be open to a finding either way,” and held: “Here we have a medical record which is sufficient to re-enforce the presumption of accident; and the Board was not bound to hold that the medical opinion the other way must be treated as ‘substantial evidence to the con

21970–1970
Del Rio Ex Rel. Del Rio v. Crake green
haw · 1998
2 sentences

2012As noted supra, "the question as to the constitutionality of a statute is not for legislative determination, but is vested in the judiciary, and a statute cannot survive constitutional challenge based on legislative declaration alone.” Del Rio, 87 Hawai'i at 304 , 955 P.2d at 97 .

2012As noted, "Administrative agencies may hear and determine, or ascertain facts and decide by the application of rules of law to the ascertained facts, and even determine the facts upon which their jurisdiction depends, and the power exercised by them is not judicial in the sense of a violation of the principle of separation of powers, but is administrative or quasi-judicial." Id. [34] As noted supra, "the question as to the constitutionality of a statute is not for legislative determination, but is vested in the judiciary, and a statute cannot survive constitutional challenge based on legislati

12012–2012
Connally v. General Construction Co. green
scotus · 1926
2 sentences

1972As a result, `men of common intelligence must necessarily guess at its meaning.' Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 *368 L.Ed. 322." Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).

1972As a result, ‘men of common intelligence must necessarily guess at its meaning.’ Connally v. General Construction Co., 269 U.S. 385, 391 .” Coates v. City of Cincinnati, 402 U.S. 611, 614 (1971).

11972–1972

Where else courts name it

OH 74 (1969–2026) WI 53 (1982–2026) NY 49 (1863–2023) IL 46 (1842–2026) CA 45 (1867–2024) TX 40 (1866–2025) PA 39 (1921–2026) FL 25 (1907–2019) LA 24 (1912–2023) CO 22 (1970–2025) NJ 22 (1951–2019) OR 20 (1946–2016) IA 19 (1889–2020) MS 19 (1873–2006) CT 18 (1913–2022) TN 17 (1882–2009) MI 17 (1890–2022) WA 17 (1894–2023) MO 15 (1896–1997) AR 15 (1912–2025) AL 14 (1859–2025) NM 13 (1893–2024) MD 13 (1964–2016) GA 12 (1915–2002) MA 11 (1977–2016) DE 11 (1924–2024) VA 11 (1902–2019) SC 10 (1882–2019) DC 10 (1970–2012) OK 10 (1917–2009) WV 9 (1893–2026) MT 9 (1935–2009) NC 9 (1901–1998) KS 9 (1914–2015) IN 8 (1894–2014) KY 8 (1936–2023) MN 7 (1971–2017) ME 7 (1935–2014) NE 5 (1912–1985) HI 5 (1970–2012) WY 4 (1988–2018) AZ 4 (1966–2014) NV 4 (2010–2020) ND 4 (1925–2011) VT 3 (1916–2022) UT 3 (1883–2007) RI 2 (1901–2011) SD 2 (1897–1951) AK 2 (1992–1992) PR 2 (1951–1972) NH 2 (1993–2014)

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.

← Caselaw search · G Cite Topics · Brief Check