Case law

Roberts Park Fire Protection District v. Village of Bridgeview

61 Ill. 2d 429 · Illinois Supreme Court · Sep 26, 1975

When asked whether the disconnection would impair the District’s ability to render fully adequate fire protection, Benjamin responded that he was not qualified to answer. … We merely hold that under the circumstances present in this case the District has failed to establish that this loss will result in a material impairment.

People v. Perry

224 Ill. 2d 312 · Illinois Supreme Court · Feb 16, 2007

The principles guiding our analysis are well established. … The trial court heard the lengthy testimony of defense counsel at the posttrial hearing and clearly found his testimony to be credible.

Livingston v. Meyers

6 Ill. 2d 325 · Illinois Supreme Court · Sep 23, 1955

The clearly expressed intent of the legislature in adopting section 11(b) was to remedy the condition of the law as it existed with reference to mortgage and trust deed liens and to bar the enforcement of such liens except … On practical consideration, no reason offers itself why the Federal act should qualify the terms of section 11(b) since only a simple affidavit is required to be filed by the mortgage holder or his agent.

Hewitt v. Long

76 Ill. 399 · Illinois Supreme Court · Jan 15, 1875

Kent says: “In consequence of the obligation of the father to provide for the maintenance, and, in some qualified degree, for the education of his infant children, he is entitled to the custody of their persons and to the … The modification of the decree is clearly unjust toward the mother. As these parties stand before the court, the father is the guilty, the mother the unoffending, party.

Piccioli v. Board of Trustees of the Teachers' Retirement System

2019 IL 122905 · Illinois Supreme Court · Apr 4, 2019

Advancement of the State’s economic goals clearly is a legitimate rationale for legislation. … qualifying ‘at a subsequent time.’ ” Id.

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.”

Henrys v. Raboin

395 Ill. 118 · Illinois Supreme Court · Sep 18, 1946

It is firmly established that banks organized pursuant to acts of Congress are under the exclusive jurisdiction of the Federal government and any State law which undertakes to limit or control such banks is void. … In Cooley’s Constitutional Limitations (6th Edition, p. 214,) it is said: “A legislative act may be entirely valid as to some classes of cases, and clearly void as to others. * * * If there are any exceptions to this rule

Newkirk v. Chapron

17 Ill. 344 · Illinois Supreme Court · Jun 15, 1856

The first section of the repealing act, repealed so much of the original act “ as establishes a municipal court, in the said city of Chicago, and all matters connected therewith,” absolutely and unqualifiedly. … These may occur, where there is no provision in law, for the officer to hold over, until a successor is qualified. And this would not meet the exigency of a death, removal, or resignation.

Field v. People

3 Ill. 79 · Illinois Supreme Court · Dec 15, 1839

The Governor shall nominate, and, by and with the advice and consent of the Senate, appoint, all officers whose offices are established by this Constitution, or shall be established by law, and whose appointments are not … The section is as follows : “ ‘ The Governor shall nominate, and, by and with- the advice and consent of the Senate, appoint all officers, whose offices are established by this Constitution, or shall be established by law

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.

Wright v. Upson

303 Ill. 120 · Illinois Supreme Court · Apr 19, 1922

Thirty-six of those witnesses expressed the opinion that she was of sound mind and memory at or near those times, after properly qualifying themselves to express an opinion. … The testimony of the experts also clearly showed that their opinions were based, in part, upon such irrelevant and improper testimony.

City of Chicago v. Holland

206 Ill. 2d 480 · Illinois Supreme Court · Jun 19, 2003

Chicago airports; and (3) that if the 1995 amendment to the Auditing Act were interpreted to require a general audit of the use of funds in connection with the operation of Chicago’s airports, including funds that do not qualify … A party challenging a statute has the burden of rebutting that presumption and clearly establishing a constitutional violation. Flynn v. Ryan, 199 Ill. 2d 430, 436 (2002).

People ex rel. Hillel Lodge No. 72 v. Rose

207 Ill. 352 · Illinois Supreme Court · Feb 17, 1904

That amendment, by its terms, refers to future and not past action, as clearly appears from the words “every incorporated company, * * * shall annually * * * report to the Secretary of State,” etc. … The meaning is that every citizen shall hold his life, liberty, property, and immunities, under the protection of the general rules which govern society.

People v. Robinson

167 Ill. 2d 397 · Illinois Supreme Court · Oct 26, 1995

The first two elements were established at trial and are not the subject of dispute in this appeal. … The case at bar does not pose the “lesser included offense” exception to the general rule that a chemist need test only random samples of a substance to be qualified to render an opinion as to the entire amount seized.

Bajwa v. Metropolitan Life Insurance Co.

Illinois Supreme Court · Jan 23, 2004

Cheema’s income, according to Met Life’s guidelines, did not qualify him for that large of a policy amount. … The court found that a duty existed, but the evidence was insufficient to establish a breach of duty.

Charles v. Seigfried

165 Ill. 2d 482 · Illinois Supreme Court · Mar 30, 1995

It is illogical to construe a statute so that it says something about a topic on which the statute is clearly silent. The majority’s analysis of its own precedent is equally ill-advised. … Information cited by MADD established the extent to which adolescents are unable to appreciate the consequences of drinking.

People v. Taylor

468 Ill. Dec. 255 · Illinois Supreme Court · May 18, 2023

Witherspoon did not limit or qualify his opinion in any way. The trial court also noted that he had seen Dr. … intended such a penalty and has clearly expressed that intention in the statute.

Grobark v. Addo MacHine Co., Inc.

16 Ill. 2d 426 · Illinois Supreme Court · Mar 20, 1959

195-198,) specifically rejects the notion of a parallel between forum non conveniens and the appropriate forum under the due process clause: "Those restrictions [on in personam jurisdiction] are more than a guarantee of immunity … Rather, it is the business relationship between the plaintiffs and Addo which constitutes the qualifying contact with the forum.

People v. Haynes

2024 IL 129795 · Illinois Supreme Court · Nov 21, 2024

“Serious provocation is conduct sufficient to excite an intense passion in a reasonable person provided, however, that an action that does not otherwise constitute serious provocation cannot qualify … Taylor, 2016 IL App (1st) 141251, ¶ 22, where the appellate court came to the opposite conclusion that “the statutory language clearly addresses two separate scenarios.

Schaffenacker v. Beil

320 Ill. 31 · Illinois Supreme Court · Dec 16, 1925

By the fifth clause he nominated William Schaffenaclcer, his brother, to be executor of his will and to act without bond, who duly qualified as such executor. The will was admitted to probate on April 9, 1921. … The burden of proof that the widow accepted the rents under the provisions of the will is upon appellants, and they have failed by their proof to establish that fact.