Case law

People v. Phelps

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 .

Wolczek v. Public Service Co.

342 Ill. 482 · Illinois Supreme Court · Dec 18, 1930

The rule established in this State has likewise been applied in numerous other jurisdictions. (McCoy v. Texas Power and Light Co. 239 S. W. (Tex.) 1105; Znidersich v. … As to the objection that the answer amounted to no more than a speculation, it is sufficient to say that the answer was the opinion of the witness, who had been qualified as an expert and was based on evidence in the record

People v. Waid

Illinois Supreme Court · Jun 2, 2006

In McClanahan, the evidence in question was admitted in a criminal prosecution, a proceeding to which the confrontation clause clearly applies. … However, he qualifies this contention by noting that this right is tolled by a defendant=s unfitness.

People Ex Rel. Compagnie Nationale Air France v. Giliberto

74 Ill. 2d 90 · Illinois Supreme Court · Dec 4, 1978

They say that the domicile of a corporation as that term is used in article 28(1) includes any country where the airline carries on its business on “a regular and substantial basis,” and that the United States qualifies under … Sanitary District (1904), 210 Ill. 171 , this court held that the State’s sovereign immunity under the 1870 Constitution could not be waived by the Attorney General’s entry of an appearance for the State as a defendant.

City of Waukegan v. Pollution Control Board

57 Ill. 2d 170 · Illinois Supreme Court · Mar 29, 1974

This is a declaration of a fundamental principle; and, although one of vital importance, it is to be understood in a limited and qualified sense. … This court has also considered cases in which there were delegations of what clearly were set out as powers to impose penalties. In Cleveland, Cincinnati, Chicago and St. Louis Ry. Co. v. People ex rel.

Union Trust Co. v. Board of Education

348 Ill. 256 · Illinois Supreme Court · Apr 23, 1932

The appellants fail to show any prejudice or injury to them because three qualified donees of the power to appoint agreed upon one individual as appraiser. … This is a suit in equity, and it would be inequitable that in such circumstances the appellee should be deprived of all opportunity to establish the true cash value of the lands in 1925.

Illinois Commerce Commission Ex Rel. East St. Louis, Columbia & Waterloo Railway v. East St. Louis & Carondelet Railway Co.

361 Ill. 606 · Illinois Supreme Court · Oct 14, 1935

The Illinois Central by its answer also set up that the commission has no jurisdiction of the subject matter and is without jurisdiction .to modify the contract or to grant the relief prayed; that to so abrogate, qualify … This section, as its language clearly indicates, has to do with additions, improvements, repairs or new structures and provides an opportunity to the utilities to agree upon the apportionment of the cost.

Sigcho-Lopez v. Illinois State Board of Elections

460 Ill. Dec. 604 · Illinois Supreme Court · Mar 24, 2022

Before addressing the Board’s application of the relevant statutory provisions to the established facts, we must interpret the relevant statutory provisions. Id. ¶ 51. … City of Danville, 174 Ill. 2d 391, 406 (1996) (“[a] conviction for corrupt practices establishes that a public official exploited his fiduciary position for his personal benefit”).

People v. Smith

Illinois Supreme Court · Mar 20, 1997

Thus, on remand, defendant clearly had a right to both stages of the hearing. … In the case at bar, the record clearly indicates that the trial court relied on only proper evidence in sentencing defendant.

People v. Palkes

52 Ill. 2d 472 · Illinois Supreme Court · Oct 2, 1972

This court will nullify such a classification only when it can be said that the same is "clearly unreasonable or palpably arbitrary." Du Bois v. Gibbons, 2 Ill.2d 392 , 399 ; People ex rel. Conservation Dist. v. … Retirement Board (1964), 31 Ill.2d 252, 255 . ) "Where that part of an act which is unconstitutional so limits and qualifies the remaining portion that the latter, when stripped of the *485 unconstitutional provision, is

Fifer v. Allen

228 Ill. 507 · Illinois Supreme Court · Oct 23, 1907

The court said: “The testator in the will before us limits the property to one son upon the death of the other without issue, and with no other qualifying restriction. … The will could only be executed by determining at the testator’s death whether the housekeeper should have $1000 or $3000, and the testator clearly fixed the period of survivorship at his own death, when the legacy to the

People v. Davis

177 Ill. 2d 495 · Illinois Supreme Court · Oct 17, 1997

For this reason, the party challenging a statute bears the burden of clearly establishing the alleged constitutional violation. Johns, 153 Ill. 2d at 442 . … The registration requirement is part of a prophylactic administrative scheme designed "to provide a system of identifying persons who are not qualified to acquire or possess firearms.” 430 ILCS 65/1 (West 1994).

The People v. Speck

41 Ill. 2d 177 · Illinois Supreme Court · Nov 22, 1968

The defendant first contends that the two witnesses were not qualified to testify as experts. … The photographs also helped to establish the degree of force used by the killer.

FOLLETT'S BOOK & SUPPLY STORE v. Isaacs

27 Ill. 2d 600 · Illinois Supreme Court · Mar 25, 1963

An actual controversy exists and the plaintiffs allege sufficient facts to establish their interest in the controversy, thus coming within the requirements of the Declaratory Judgments Act. Ill. Rev. … Also at note 2, p. 451, "When the term `and' is used, it is presumed to be used in the conjunctive *608 sense, unless the legislative intent is clearly contrary."

People v. Davis

97 Ill. 2d 1 · Illinois Supreme Court · Jun 17, 1983

Here, a question of credibility was clearly involved, and the trial judge was not required to believe defendant’s version of events. … If a juror was uncertain as to whether defendant was qualified for the death sentence, the knowledge that 12 other people determined he was could have swayed the juror's verdict in favor of death.

Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit Fund

2018 IL 122793 · Illinois Supreme Court · Jun 27, 2019

Under this language, if something qualifies as a benefit of the enforceable contractual relationship resulting from membership in one of the pension or retirement systems of any unit of local government or school … Plaintiffs concede that the phrase “receive credit in any pension plan” clearly applies to a defined benefit plan established by a local labor organization, but they contend that the phrase was not intended

Illinois Central Railroad v. Smith

208 Ill. 608 · Illinois Supreme Court · Apr 20, 1904

We think the record shows that the witnesses for the appellee were as well qualified to speak upon the subject as those called by the appellant. … The court, on page 277, said: “The question was clearly improper and invaded the province of the jury.

Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board

410 Ill. Dec. 264 · Illinois Supreme Court · Dec 17, 2015

The CBA established a grievance procedure that culminated in final and binding arbitration. ¶5 In June 2010, the Board notified the Union of a new policy. … In resolving a mixed question of law and fact, a reviewing court must determine whether established facts satisfy applicable legal rules.

Board of Education of City of Chicago v. Chicago Teachers Union

88 Ill. 2d 63 · Illinois Supreme Court · Dec 18, 1981

The Board met the minimum time requirements for keeping schools open as established by sections 10-19 and 34-18(1). … qualified.

ESG Watts, Inc. v. Pollution Control Board

191 Ill. 2d 26 · Illinois Supreme Court · Mar 23, 2000

Watts’ argument is flawed in that it ignores the qualifying phrase “insofar as appropriate” in Rule 335(i)(l). … Bulk Terminals is clearly distinguishable from the instant case. Bulk Terminals involved double jeopardy and res judicata, not administrative review.