Case law

Bartlow v. Costigan

2014 IL 115152 · Illinois Supreme Court · Aug 25, 2014

If the plain language of the statute sets forth clearly perceived -8-  boundaries, the vagueness challenge fails, and our inquiry ends. … As our appellate court has repeatedly recognized, a reviewing court is “entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented.”

Garcia v. Tully

72 Ill. 2d 1 · Illinois Supreme Court · May 26, 1978

104 of the Revenue Act unconstitutional the circuit court erred; that the publication and printing of tax-assessment notices is a proper subject of regulation by the State; and that the Suburban Trib is not a newspaper qualified … We need not and do not decide the correctness of the opinion of the Attorney General, which is based upon a factual situation clearly distinguishable from that presented here.

DeLuna v. Burciaga

223 Ill. 2d 49 · Illinois Supreme Court · Oct 5, 2006

Clearly, section 13 — 214.3 addresses “an action” to which section 13 — 215 applies. … of action”; however, there is “a widely recognized exception to this general rule in those instances when the existence of a fiduciary relationship is clearly established”).

The People v. Kurtz

37 Ill. 2d 103 · Illinois Supreme Court · Mar 29, 1967

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity and scarcely any of those best qualified to serve as jurors will … Rose, 19 Ill.2d 292 , we held that in order to establish a felony the statutory value must be proved (over $150 under the present statute, Ill. Rev.

Ittersagen v. Advocate Health and Hospitals Corp.

452 Ill. Dec. 654 · Illinois Supreme Court · Nov 18, 2021

The trial judge “closely scrutinized” juror Glascott’s demeanor and found him “clearly credible when he responded that he would be truthful, fair and unbiased.” … In such a case it is not necessary to establish that bias or partiality actually exists.” ¶ 43 1.

Gilliland v. Board of Education

67 Ill. 2d 143 · Illinois Supreme Court · Apr 5, 1977

Some thought that she did not clearly explain assignments or give adequate instructions. … The board’s findings are not, of course, immune from judicial review. The court function, however, is limited, and does not permit substitution of the court’s judgment for that of the board.

Wirtz v. Quinn

953 N.E.2d 899 · Illinois Supreme Court · Jul 11, 2011

Reedy, 186 Ill. 2d 1, 9 (1999)), and a party challenging the constitutionality of a statute bears the burden of clearly establishing a constitutional violation (People v. … In doing so, we find that the substantive provisions in Public Act 96–34 clearly are connected to capital projects in that they establish increased revenue sources to be deposited into the Capital Projects Fund

Armstrong v. Barber

239 Ill. 389 · Illinois Supreme Court · Apr 23, 1909

The probate or letters testamentary, when granted, relate back to the date of a testator’s death and validate acts done by an executor before he qualified. … The contention of appellee that the vesting of the equitable interests is postponed until ten years after the probate is certainly not clearly expressed in the will.

Tuite v. Corbitt

224 Ill. 2d 490 · Illinois Supreme Court · Dec 21, 2006

Notably, the rule has been retained despite those difficulties and is now well established, with a long history in this state. … Thus, the existence of qualified privileges does not support a decision to abandon the rule now.

People v. White

2011 IL 109616 · Illinois Supreme Court · Jun 16, 2011

She would be qualified to testify in the area of ballistics, and she would testify that the weapon that was recovered from the defendant did match the one fired bullet that was recovered from … United States, 397 U.S. 742, 751-52 (1970). ¶ 37 Clearly, sentencing is the driving force behind the plea bargaining process.

Lippincott v. Town of Pana

92 Ill. 24 · Illinois Supreme Court · Jan 15, 1879

Moreover, the sum here claimed as donated is $100,000, whereas the act expressly limited the amount, and required it should not exceed $30,000; and it clearly appears the directors of the company did not make a proposition … authorized consolidation, and the general law of the State then in force provided for consolidation of railroad companies, and enacted that “said companies, when so consolidated, shall have all the powers, franchises and immunities

Campbell v. Campbell

6 L.R.A. 167 · Illinois Supreme Court · Oct 31, 1889

If Enos had qualified as executor, he would have been a necessary party to the bill. His refusal to qualify, and the appointment of an administrator, removed his interest as executor. … The fact, if conceded, that they were heirs-at-law of the testator, would not, of itself, establish their incom-petency, or show that they would take a greater share as heirs than as devisees.

People Ex Rel. Sears v. Romiti

50 Ill. 2d 51 · Illinois Supreme Court · Dec 17, 1971

To permit such an attack upon an indictment would tend to immunize persons involved in events upon which the news media concentrated their attention. … Clearly, the motion for leave to file the petition was improvidently allowed and the petition should be denied.

People v. Richardson

123 Ill. 2d 322 · Illinois Supreme Court · Mar 23, 1988

Ernest Warner is a firearms examiner for the City of Chicago police department and was qualified by the court as an expert witness. … The identifications were admissible because the totality of circumstances clearly and convincingly establishes that those identifications had an independent origin in the witnesses’ memories of events at the time of the crime

Ryan v. Beshk

339 Ill. 45 · Illinois Supreme Court · Feb 21, 1930

That this is the law in Illinois is established by many decisions. Department of Public Works v. Porter , 327 Ill. 28 ; Biwer v. Martin , 294 id. 488; Kamerer v. Kamerer , 281 id. 587; Blakeley v. … The language employed in paragraph 4 clearly purports to set up for certain individuals certain remainders.

People v. Hammond

355 Ill. Dec. 1 · Illinois Supreme Court · Dec 1, 2011

R. 210 (Aug. 1, 2006)), that established a procedural preference for sanctions over revocation proceedings where qualifying violations are concerned. ¶ 6 BACKGROUND ¶ 7 (Issue No. 1) ¶ 8 The case presenting the first issue … Under those circumstances, the department must be able to verify and document risk factors surrounding the violation, which clearly establish that administrative sanctioning is inappropriate and that a petition to revoke

Poindexter v. State

229 Ill. 2d 194 · Illinois Supreme Court · Apr 3, 2008

Since the MCCA clearly indicates that it is intended to apply to determinations of eligibility, the clause plaintiffs rely on, “no income of the community,” is clearly only in relation to determinations of eligibility. 372 … In general, such income is also disregarded in calculating the amount Medicaid will pay for the institutionalized spouse’s care after eligibility is established.” Blumer, 534 U.S. at 480-81 , 151 L.

Estate of Johnson v. Condell Memorial Hospital

119 Ill. 2d 496 · Illinois Supreme Court · Feb 11, 1988

For the plaintiff to state a cause of action against Condell for negligence, he must set out facts establishing the existence of a duty owed by the defendant to the plaintiff, that the duty was breached and that, as a proximate … The Code also sets forth numerous sections intended to “provide extensive safeguards clearly intended to minimize the possibility of confinement of persons for whose protection, or the protection of others, confinement is

Johnson v. Halpin

413 Ill. 257 · Illinois Supreme Court · Sep 17, 1952

In Arkansas there had been a vague doctrine of tax immunity of natural or common rights. ( 2 Ark. L. Rev. 411 .) However, in McGriff v. … Classifications by the legislature will not be invalidated unless it clearly appears that they are arbitrary and unreasonable. In People v.

Von Kettler v. Johnson

57 Ill. 109 · Illinois Supreme Court · Sep 15, 1870

D. 1866, and duly qualified as such; and afterward, on the 3d day of June, A. D. 1868, she intermarried with one John H. Von Kettler; and afterward, to wit: on the 5th day of March, A. D. 1870, one Julius K. … This is a jurisdictional fact, and should be clearly and distinctly set forth. This the defendant has not done in either of his pleas.