Case law

Dickey v. Reed

78 Ill. 261 · Illinois Supreme Court · Sep 15, 1875

or control the other, and it is for the political power of the State, within the limits of the constitution, to provide the manner in which elections shall be held, and the manner in which officers thus elected shall be qualified … We think clearly not, because no state of facts, however stated, could confer power to adjudicate in that class of cases.

In Re Vitale

71 Ill. 2d 229 · Illinois Supreme Court · Apr 3, 1978

Clearly, proof that one failed to reduce the speed of his vehicle to avoid a collision (the traffic offense) does not prove manslaughter, for the traffic offense need not involve death; equally clear is the fact that commission … Thus, a verdict of guilty on either charge would not establish the legal prerequisites for the other.” 558 F.2d 691, 696 . Similarly, in United States v.

The People v. Smith

318 Ill. 114 · Illinois Supreme Court · Jun 18, 1925

The statute establishing the rule applies to the trial of criminal cases. (People v. Clark, 301 Ill. 428 .) … Those cases, as well as the language of the act, clearly show the purpose of it was to permit writings not properly in the files or records of the case, admitted or proved to be genuine, to be admitted as standards of comparison

People v. McCarty

Illinois Supreme Court · Oct 19, 2006

The byproduct of the methamphetamine manufacturing process clearly qualifies as material from which methamphetamine is made and to which methamphetamine owes its characteristic qualities. … App. 3d 263, 268 (2005) (AIntent to manufacture is clearly a substitute for actual manufacture@).

Nyhammer v. Basta

465 Ill. Dec. 730 · Illinois Supreme Court · Nov 28, 2022

Thus, if the Department’s funding and service provider designation decisions concerning NIAAA’s status as an AAA and RAA qualify as a “contested case” within the meaning of the Procedure Act, then NIAAA may … or, in the event the AAA in that planning and service area is “deemed by the Department to be unwilling or unable to provide those functions, the Department may serve as the [RAA] or designate another qualified

Motorola v. ILL. FAIR EMPLOYMENT COM.

34 Ill. 2d 266 · Illinois Supreme Court · Mar 24, 1966

The statute thus clearly provides that no decision of a hearing examiner or a commissioner is to become the decision of the Commission unless it has been found by the Commission to be supported by substantial evidence. … Conversely, if Myart failed the test, the record would not establish an unfair employment practice with respect to him.

The People v. McGinley

329 Ill. 173 · Illinois Supreme Court · Feb 24, 1928

A study of the Medical Practice act and the Administrative Code clearly shows the legislative intention for a fair administration and application of the law pertaining to those persons contemplating treating human ailments … Witte, supra. ) The legislature may make such requirements as will qualify all classes of persons treating human ailments to thoroughly understand their profession and protect the public against those who are inefficient

The People v. Davies

354 Ill. 168 · Illinois Supreme Court · Oct 21, 1933

The guaranty made by the constitution of this State that all persons shall be safe in their homes and not subject to unreasonable search and seizure does not grant immunity from a search and seizure upon a lawful arrest. … It will only do so when it clearly appears from the evidence that the guilt of the defendant is not established beyond a reasonable doubt. (People v. Stilson, 342 Ill. 158 ; People v. Thompson, 321 id. 594; People v.

Continental Illinois National Bank & Trust Co. v. Illinois State Toll Highway Commission

42 Ill. 2d 385 · Illinois Supreme Court · Mar 27, 1969

Where the spirit and the intent of the General Assembly in adopting an act are clearly expressed and its objects and purposes are clearly set forth, courts are not bound by the literal language of a particular clause which … “[Wjhile courts are and should be cautious about adding'words, as such, to a statute generally, they will not hesitate to read into the sense of some section or provision a qualifying or expanding expression plainly implied

People v. Haensel

293 Ill. 33 · Illinois Supreme Court · Apr 21, 1920

He testified that a disease of the brain known as paresis sometimes results from syphilis, but that he was not qualified to give the-symptoms of paresis and was not prepared to say that the plaintiff in error had that disease … An examination of the evidence in this record so clearly and conclusively establishes the guilt of the accused that the jury could not reasonably have arrived at any other verdict than one of guilty.

People v. Botruff Corrected 9/28/04

Illinois Supreme Court · Sep 23, 2004

In assessing these arguments, we must be ever mindful of the well- established principles that: (1) all statutes carry a strong presumption of constitutionality ( People v. … Maness , 191 Ill. 2d 478, 483 (2000)); and (2) the party challenging a statute bears the burden of clearly establishing the constitutional infirmity ( People v. Jeffries , 164 Ill. 2d 104, 111 (1995)).

People v. Cardinelli

297 Ill. 116 · Illinois Supreme Court · Feb 15, 1921

Later he qualified this denial by saying that he knew them; that they had been in his poolroom a few times; that he knew they were bad boys and had ordered them to stay away from his place. … An examination of the evidence so clearly and conclusively establishes the guilt of the accused that the jury could not reasonably have arrived at any other verdict than one of guilty.

Tuite v. Corbitt

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

Thus, the existence of qualified privileges does not support a decision to abandon the rule now. … Clearly, the court must interpret the statement, inferring its meaning from the context in which it was made.

Galena & Chicago Union Railroad v. Jacobs

20 Ill. 478 · Illinois Supreme Court · Apr 15, 1858

The first instruction asked by the plaintiff below, was clearly objectionable, as it makes no reference to the evidence ; as modified by the court it does, but in other respects is not essentially different, but still remains … Railroads may not omit all care, prudence or skill, and ground themselves upon an immunity from all responsibility because they are lawfully pursuing their own business upon their own land.

E.W. v. The Board of Education of East St. Louis School District No.189

2026 IL 131757 · Illinois Supreme Court · Jun 25, 2026

Clearly, it is no benefit at all. … Thus, the legislature has clearly acquiesced to this court’s ruling in Bakalis.

Miller v. Rosenberg

196 Ill. 2d 50 · Illinois Supreme Court · Apr 19, 2001

All statutes are presumed to be constitutional, and the burden of rebutting this presumption is on the party challenging the validity of the statute to clearly establish a constitutional violation. Arangold Corp. v. … We hold that Rosenberg has failed to clearly establish that the provisions of section 2 — 109 violate the proscription against special legislation.

Chapman v. County of Will

55 Ill. 2d 524 · Illinois Supreme Court · Nov 20, 1973

Should any of these protests be disallowed then the requisite twenty percent within this class would not be established. … Where a meaning is attributed to a word and it again appears in the same statute, it should be given consistent meaning unless a contrary legislative intent is clearly expressed. (Moran v.

People v. Phelps

211 Ill. 2d 1 · Illinois Supreme Court · Jan 23, 2004

Consequently, where the legislature clearly intends to enhance the penalty based upon some aspect of the crime, and such an intention is clearly expressed, there is no prohibition. Rissley, 165 Ill. 2d at 390 . … Again, where the legislature clearly intends to enhance the penalty based upon some aspect of the crime, and such an intention is clearly expressed, there is no prohibition. Rissley, 165 Ill. 2d at 390 .

Keen v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

392 Ill. 362 · Illinois Supreme Court · Nov 21, 1945

The language used in the deed involved in that case, as indicating the conveyance of an estate less than fee-simple title, is clearly distinguishable from the language in the deed here involved. … It was further provided in that section that where lands were condemned, “the final decision or award shall vest the company hereby created, with all the rights, privileges, powers, franchises and immunities in said act contemplated

Cwik v. Giannoulias

Illinois Supreme Court · May 20, 2010

Thus, the Act clearly divests the property owner of any right to interest earned on property held by the state pursuant to the authority of the Act. … While the circumstances here might not qualify as “abandonment” under a common law definition, there appears to be no question, under Texaco, that the state could enact statutory provisions mandating the status of abandonment