Supreme Court enunciated rule (Illinois) · Go Syfert
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Supreme Court enunciated rule in Illinois

5 Illinois opinions name it 1 courts 1973–2005 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 (2)

CaseFollowedCited
Pike v. Bruce Church, Inc.green
scotus · 1970 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005In Pike v. Bruce Church, Inc., 397 U.S. 137, 142 , 90 S.Ct. 844, 847 , 25 L.Ed.2d 174, 178 (1970), the Supreme Court enunciated the standard for determining the validity of a state statute challenged under the commerce clause as follows: "* * * Where the statute regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits. [Citation.] If a legitimate local purpose is found, then the question becomes

2005Ed. 2d 174, 178 , 90 S. Ct. 844, 847 (1970), the Supreme Court enunciated the standard for determining the validity of a state statute challenged under the commerce clause as follows: “Where the statute regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits. [Citation.] If a legitimate local purpose is found, then the question becomes one of degree.

22
Fayhee v. State Board of Electionsgreen
illappct · 1998 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999In Fayhee v. State Board of Elections, 295 Ill.

1999In Fayhee v. State Board of Elections , 295 Ill.

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 (2)

CaseCitedYears
First of America Trust Co. v. Armstead green
ill · 1996
2 sentences

1999The supreme court enunciated the rule to be utilized in such cases: “[T]he better approach is to apply the law that applies by its terms at the time of the appeal, unless doing so would interfere with a vested right. *** [W]here an amendment does not reach back and interfere with vested rights, there is no truly retroactive impact.” Armstead, 171 Ill. 2d at 289 .

1999The supreme court enunciated the rule to be utilized in such cases: "[T]he better approach is to apply the law that applies by its terms at the time of the appeal, unless doing so would interfere with a vested right. *** [W]here an amendment does not reach back and interfere with vested rights, there is no truly retroactive impact." Armstead , 171 Ill. 2d at 289 .

21999–1999
Terry v. Ohio green
scotus · 1968
2 sentences

1973Respondent maintains that the standard to be applied in determining the propriety of the search is: “Would the facts available to the officers at the moment of the seizure or the search warrant a man of reasonable caution in the belief that the action taken was appropriate?” In Terry v. Ohio, 392 U.S. 1 , 20 L.Ed.2d 889 , 88 S.Ct. 1868 , the Supreme Court enunciated the rule that if a police officer has reasonable grounds to believe an individual is armed and dangerous, it is permissible for him to conduct a limited search for weapons if that action would help to protect the officer and others

1973Respondent maintains that the standard to be applied in determining the propriety of the search is: “Would the facts available to the officers at the moment of the seizure or the search warrant a man of reasonable caution in the belief that the action taken was appropriate?” In Terry v. Ohio, 392 U.S. 1 , 20 L.Ed.2d 889 , 88 S.Ct. 1868 , the Supreme Court enunciated the rule that if a police officer has reasonable grounds to believe an individual is armed and dangerous, it is permissible for him to conduct a limited search for weapons if that action would help to protect the officer and others

11973–1973

Where else courts name it

FL 7 (1963–2012) LA 6 (1952–2016) IL 5 (1973–2005) NJ 4 (1971–2010) PA 4 (1978–1982) DC 4 (1977–1983) IN 4 (1962–1977) VA 4 (1997–2004) CA 4 (1986–2013) OK 3 (1982–1994) MO 3 (1976–2004) NC 2 (1975–1983) CT 2 (1994–1994) KY 2 (1977–1988) WA 2 (1958–1977) AL 2 (1948–1972) HI 2 (1981–1991) TX 2 (1993–1998) OR 2 (1979–1994) MI 2 (1973–1981)

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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