relatively deferential standard (Illinois) · Go Syfert
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relatively deferential standard in Illinois

5 Illinois opinions name it 1 courts 1986–2011 0 in the last five years

The cases below were cited by Illinois 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
In Re Marriage of Baumgartnergreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011This is a relatively deferential standard of review that "is grounded in the reality that the circuit court is in a superior position to observe the demeanor of the witnesses, determine and weigh their credibility, and resolve conflicts in their testimony." In re Marriage of Baumgartner, 237 Ill.2d 468, 486-87 , 341 Ill.Dec. 510 , 930 N.E.2d 1024 (2010).

2011This is a relatively deferential standard of review that "is grounded in the reality that the circuit court is in a superior position to observe the demeanor of the witnesses, determine and weigh their credibility, and resolve conflicts in their testimony." In re Marriage of Baumgartner, 237 Ill.2d 468, 486-87 , 341 Ill.Dec. 510 , 930 N.E.2d 1024 (2010).

12
Snelson v. Kammgreen
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011Under this relatively deferential standard of review, "`a reviewing court may not simply reweigh the evidence and substitute its judgment for that of the jury.'" Studt v. Sherman Health Systems, 2011 IL 108182, ¶ 50 , 351 Ill.Dec. 467 , 951 N.E.2d 1131 (quoting Snelson v. Kamm, 204 Ill.2d 1, 35 , 272 Ill.Dec. 610 , 787 N.E.2d 796 (2003)). ¶ 21 Reweighing the evidence is precisely what defendant asks us to do on appeal.

2011Under this relatively deferential standard of review, "`a reviewing court may not simply reweigh the evidence and substitute its judgment for that of the jury.'" Studt v. Sherman Health Systems, 2011 IL 108182, ¶ 50 , 351 Ill.Dec. 467 , 951 N.E.2d 1131 (quoting Snelson v. Kamm, 204 Ill.2d 1, 35 , 272 Ill.Dec. 610 , 787 N.E.2d 796 (2003)). ¶ 21 Reweighing the evidence is precisely what defendant asks us to do on appeal.

12
Studt v. Sherman Health Systemsgreen
ill · 2011 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011Under this relatively deferential standard of review, "`a reviewing court may not simply reweigh the evidence and substitute its judgment for that of the jury.'" Studt v. Sherman Health Systems, 2011 IL 108182, ¶ 50 , 351 Ill.Dec. 467 , 951 N.E.2d 1131 (quoting Snelson v. Kamm, 204 Ill.2d 1, 35 , 272 Ill.Dec. 610 , 787 N.E.2d 796 (2003)). ¶ 21 Reweighing the evidence is precisely what defendant asks us to do on appeal.

2011Under this relatively deferential standard of review, "`a reviewing court may not simply reweigh the evidence and substitute its judgment for that of the jury.'" Studt v. Sherman Health Systems, 2011 IL 108182, ¶ 50 , 351 Ill.Dec. 467 , 951 N.E.2d 1131 (quoting Snelson v. Kamm, 204 Ill.2d 1, 35 , 272 Ill.Dec. 610 , 787 N.E.2d 796 (2003)). ¶ 21 Reweighing the evidence is precisely what defendant asks us to do on appeal.

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
In Re Christopher S. green
illappct · 2006
2 sentences

2011In order to reverse the circuit court's finding under this standard of review, the opposite conclusion must be "clearly evident from the record." In re Christopher S., 364 Ill.App.3d at 86 , 300 Ill.Dec. 941 , 845 N.E.2d 830 . ¶ 32 There is evidence in the record that Diamond was physically aggressive and that respondent feared for her safety, which respondent argues supports a finding of dependency.

2011In order to reverse the circuit court's finding under this standard of review, the opposite conclusion must be "clearly evident from the record." In re Christopher S., 364 Ill.App.3d at 86 , 300 Ill.Dec. 941 , 845 N.E.2d 830 . ¶ 32 There is evidence in the record that Diamond was physically aggressive and that respondent feared for her safety, which respondent argues supports a finding of dependency.

22011–2011
Claude Wardle, Sr. v. Central States, Southeast and Southwest Areas Pension Fund green
ca7 · 1980
1 sentence

1986(Wardle v. Central Southeast & Southwest Areas Pension Fund (7th Cir. 1980), 627 F.2d 820, 824 .) This standard of review is applied in order to avoid excessive judicial intervention in, and interference with, the administration of ERISA plans.

11986–1986
James J. Reiherzer v. Daniel J. Shannon, and Central States, Southeast and Southwest Areas Pension Fund green
ca7 · 1978
1 sentence

1986(Reiherzer v. Shannon (7th Cir. 1978), 581 F.2d 1266, 1271 .) In analyzing the administration of ERISA plans, a relatively deferential standard of review was adopted: the findings of the plan’s administrators are to be upheld by the court unless they re found to be either (1) arbitrary and capricious; (2) not supported by substantial evidence; or (3) erroneous on a question of law.

11986–1986

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