Case law

Liquid Carbonic Co. v. Industrial Commission

352 Ill. 405 · Illinois Supreme Court · Apr 22, 1933

It is held that the burden of proof is always on the applicant for compensation to prove by legally competent evidence the facts which establish his claim, and the proof, whether by direct and positive or circumstantial evidence … Reinhardt for the specific purpose of showing that he made the examination of the body and the report he made to the coroner, and did not qualify him as an expert or vouch for either his veracity or his professional knowledge

Donaldson v. Central Illinois Public Service Co.

199 Ill. 2d 63 · Illinois Supreme Court · Feb 22, 2002

App. 3d 944, 957-58 (1966); see also Ferebee, 736 F.2d at 1535-36 (“[A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such … Clearly, where the same set of facts shows one party liable and the other not liable, they are not legally inconsistent verdicts.

Baddeley v. Watkins

293 Ill. 394 · Illinois Supreme Court · Jun 16, 1920

It was clearly error to permit the witnesses to express an opinion in answer to the third question of the series. … It seems too clear for argument that this witness was not only not qualified to give any opinion on the mental capacity of testatrix, but particularly to give an opinion of the mental condition of testatrix on a day more

People v. Owens

102 Ill. 2d 88 · Illinois Supreme Court · Apr 4, 1984

In the first or qualifying phase, which is concerned with determining whether the case is one which contains a section 9 — 1(b) aggravating factor, the court found that defendant had attained the age of 18 years at the time … Furthermore, the record clearly establishes defendant’s knowledge that the death penalty would be sought. (Cf. People v. Gaines (1981), 88 Ill. 2d 342, 369 .)

Oswald v. Hamer

425 Ill. Dec. 626 · Illinois Supreme Court · Sep 20, 2018

The partial dissent concluded that Provena did not qualify for the charitable exemption based on the actual ownership of the property. Id. at 411-12. … The party challenging the validity of a statute has the burden of clearly establishing the alleged constitutional infirmity. Napleton v.

Canel v. Topinka

212 Ill. 2d 311 · Illinois Supreme Court · Oct 7, 2004

Section 15, however, clearly contains an exception that provides that claimants may in fact be entitled to dividends on unliquidated stock. … Clearly, property that is presumptively abandoned under the Act is not necessarily abandoned at common law.

International Ass'n of Fire Fighters, Local 50 v. City of Peoria

2022 IL 127040 · Illinois Supreme Court · Jan 21, 2022

, admissions and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly … ¶ 34 Also, the ordinance’s definition runs afoul of what would qualify as a line-of- duty disability.

Kreitz v. Behrensmeyer

125 Ill. 141 · Illinois Supreme Court · May 9, 1888

The court clearly erred in this ruling. . … This was clearly error.

Watseka First National Bank v. Ruda

135 Ill. 2d 140 · Illinois Supreme Court · Feb 16, 1990

After discussing the matter with a representative of another bank, according to Watseka Bank’s internal memoranda, it found that Frank Ruda did not qualify as a cosigner and that his character was “very questionable.” … An obligation to act in a commercially reasonable manner, however, is clearly not a part of section 1 — 208.

City of Evanston v. Ridgeview House, Inc.

64 Ill. 2d 40 · Illinois Supreme Court · May 28, 1976

The plaintiff introduced no evidence suggesting that a larger or more qualified staff was necessary to operate the sheltered care facility. … The application for a special use permit clearly stated that the Ridgeview House was to be a sheltered care home.

People v. Garcia

241 Ill. 2d 416 · Illinois Supreme Court · Jan 21, 2011

In Harden, the statutory language clearly applied to prior Illinois convictions but did not reference federal convictions. … Here, the statutory language clearly excludes time spent in custody from the 10-year limit, but does not reference exclusion of time spent as a result of a defendant’s wrongful delay.

The People v. Wallage

353 Ill. 95 · Illinois Supreme Court · Jun 22, 1933

We have examined all the instructions given, and as a whole they fairly and clearly announced the law applicable to the crime of involuntary manslaughter. … If the subject of testimony is one requiring an expert witness, the same special experience which qualifies the witness is deemed also to supply as a basis for inferences some data not possessed by the jurors as persons of

Prazen v. Shoop

998 N.E.2d 1 · Illinois Supreme Court · Oct 18, 2013

(3) Units of local government must depend on additional sources of revenue and, when those sources are not forthcoming, must establish cost-saving programs. … In addition, plaintiff clearly “did not enter into a personal services contract with the City.”

Preston v. Spaulding

120 Ill. 208 · Illinois Supreme Court · Mar 22, 1887

As was said by the Appellate Court in this case: “The jurisdiction of courts of equity to decree rescission of contracts for fraud, and to administer those remedies which are dependent upon such rescission, is well established … Before the assignee had qualified, or could have qualified, these assets were seized under legal process issued out of courts of competent jurisdiction, and were in the hands of the law.

Rowe v. Raoul

223 N.E.3d 1010 · Illinois Supreme Court · Jul 18, 2023

A party challenging the constitutionality of a statute bears the heavy burden of clearly establishing a constitutional violation. People v. Johnson, 225 Ill. 2d 573, 584 (2007). … that Illinois’s approach to pretrial release had evolved since the State was established and clearly understood that 2 That provision was approved by this court in Ingram, 34 Ill. 2d at 626

Bowman v. American River Transportation Co.

217 Ill. 2d 75 · Illinois Supreme Court · Oct 20, 2005

Therefore, the rules of statutory construction clearly establish that the “election” referred to in the Jones Act is not the seaman’s election of a trial by jury, but his election to proceed “at law” rather than in admiralty … Based upon these federal court decisions, the Fifth District in Allen and its above-stated progeny established the same precedent in Illinois.

People v. Colon

Illinois Supreme Court · Mar 22, 2007

We note that defendant’s challenge to the sufficiency of the evidence assumes that, as a matter of law, blank ammunition does not qualify as “firearm ammunition” for purposes of section 1.1 of the FOID Act. … In the instant case, Sergeant Glynn’s testimony established that he was an 18-year veteran of the Chicago police department, that he clearly observed defendant in possession of a black, semiautomatic pistol, and that he recovered

Chief Judge of the Circuit Court v. American Federation of State, County & Municipal Employees, Council 31, AFL-CIO

153 Ill. 2d 508 · Illinois Supreme Court · Dec 4, 1992

The hearing officer further found that there was a shortage of qualified candidates to accept these entry-level jobs and, therefore, anyone who passes the typing test and does not have a criminal record is hired. … The record clearly establishes that the probation people use independent judgment in directing their subordinates.

In re Christopher K.

Illinois Supreme Court · Dec 15, 2005

Thus, section 5–810 reflects the legislature’s intent to show minors who qualify for the application of the statute greater leniency than minor’s who qualify for discretionary transfer, while still providing them with a tangible … The initial factors that qualify a minor’s case for discretionary transfer and an EJJ designation are essentially the same.

Illinois Department of Healthcare and Family Services v. Warner

Illinois Supreme Court · Jan 25, 2008

We are qualifying the reach of the “sought to be adopted” language, not eliminating it from the statute altogether. … According to the dissent, this provision of the Juvenile Court Act “is clearly relevant to construction of section 17 of the Adoption Act.”