Case law

Midland Management Co. v. Helgason

158 Ill. 2d 98 · Illinois Supreme Court · Jan 20, 1994

He submitted that the evidence of the expert clearly concluded that the animal in question was a pony and not a bird, but this is not the issue. … This, of course, does not imply that only two-legged animals qualify, for the legislative intent is to make two legs merely the minimum requirement.

Louis v. Barenfanger

39 Ill. 2d 445 · Illinois Supreme Court · Mar 28, 1968

The complaint is clearly based upon the statute and alleges no common-law duties or breaches. … (2) If so, does a permanent, integral part of the building under construction qualify as a "scaffold" within the statutory meaning?

People Ex Rel. Burris v. Ryan

147 Ill. 2d 270 · Illinois Supreme Court · Jan 14, 1992

Too many interests exist in this matter, both represented and unrepresented, to keep clearly in mind. … the [result] would be clearly unconstitutional."

People v. Mitchell

Illinois Supreme Court · Jan 27, 2000

Clearly, defining the test as whether a defendant would have received a fitness hearing cannot be correct. … Clearly, the State confessed error in reliance on our previous psychotropic drug decisions.

Ammons v. Canadian National Ry. Co.

2019 IL 124454 · Illinois Supreme Court · Feb 5, 2021

United States Supreme Court interpretation of federal law is clearly binding on this court. … The court found the critical word in the definition of “device” was “exemption,” as it was only when the contract or device qualified as an exemption from liability that it became void under section 55.

Hofmann v. Hofmann

94 Ill. 2d 205 · Illinois Supreme Court · Feb 18, 1983

The burden of proof rests on those seeking to establish that the transaction was intended as a gift. (In re Marriage of Severns (1981), 93 Ill. App. 3d 122 .) … We believe, however, that even if this statement were not immediately preceded in Kujawinski by the qualifying words “[flor instance” and accurately defined the outer limits of the statutory concept of marital property, as

People v. J.W.

204 Ill. 2d 50 · Illinois Supreme Court · Feb 21, 2003

Reading section 2(A — 5) together with section 2(E) so that no word or paragraph is rendered meaningless, we conclude that J.W. clearly qualifies as a sexual predator under the Registration Act. … Clearly, then, juvenile sex offenders do fall within the purview of section 3 of the Registration Act and are required to register.

Kolegas v. Heftel Broadcasting Corp.

154 Ill. 2d 1 · Illinois Supreme Court · Dec 4, 1992

These statements clearly referred to the festival that Kolegas had paid WLUP to promote. … It is clear that “ ‘mere insults, indignities, threats, annoyances, petty oppressions or other trivialities’ ” do not qualify as outrageous conduct.

People v. Boclair

129 Ill. 2d 458 · Illinois Supreme Court · Sep 20, 1989

Defendant first contends that his conviction should be reversed because the evidence failed to establish his guilt beyond a reasonable doubt. … Although there may have been minor inconsistencies in the testimony, we believe, as did the trial court, that there was sufficient and substantial evidence to establish a prima facie case and establish issues of fact which

People v. Caffey

Illinois Supreme Court · Oct 18, 2001

The second Chambers factor was established. There is evidence to corroborate Iacullo’s statements. The third Chambers factor was not established. … The State in effect made [the witness] unavailable by refusing to grant him immunity.”

In re Kelan W.

465 Ill. Dec. 539 · Illinois Supreme Court · Oct 6, 2022

The principles guiding our analysis are well established. … -9- ¶ 36 The word “State” in section 2-150 is clearly being used in lieu of the word “Illinois.”

People v. Manzo

2018 IL 122761 · Illinois Supreme Court · Sep 4, 2019

The affidavit itself clearly conveys that the third drug transaction occurred on the same day that Harrison texted Casillas. … This certainly qualifies as at least “ ‘some modicum of evidence,’ ” which is sufficient to satisfy the requirements of the good faith exception.

People v. Morger

2019 IL 123643 · Illinois Supreme Court · Nov 21, 2019

The evidence at defendant’s bench trial established that defendant, while in the family residence, touched his sister’s breast and vagina and that he had her touch his penis. … All statutes are presumed constitutional; the party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. Id.

People v. Sequoia Books, Inc.

127 Ill. 2d 271 · Illinois Supreme Court · Mar 22, 1989

were to use a nuisance statute as a pretext for closing down a bookstore because it sold indecent books or because of the perceived secondary effects of having a purveyor of such books in the neighborhood, the case would clearly … abatements directed at sellers of material which is “indecent” — a category broader than the legally obscene — we cannot agree that restrictions upon expressive activity, even upon unprotected expressive activity, are completely immune

People v. Jackson

182 Ill. 2d 30 · Illinois Supreme Court · Jun 3, 1998

The record as a whole clearly supports that conclusion. Therefore, we will not disturb the jury’s verdict on this point. V. … It clearly relates to defendant’s violence and behavior while in prison. Thus the evidence relating to the 1988 incident is relevant.

People v. Staake

102 N.E.3d 217 · Illinois Supreme Court · Nov 30, 2017

Accordingly, defendant cannot establish a claim of ineffective assistance of counsel. ¶ 49 II. … Instead, the trial court clearly ruled that before defendant could ask specific questions on cross-examination or make an argument to the jury, he must first make a proffer to show that there was a factual

Wolfson v. Avery

6 Ill. 2d 78 · Illinois Supreme Court · Apr 15, 1955

Clearly, if section 3 prohibits staggering and requires that every director be elected at the same time, "to be elected" accomplishes nothing. … They are not inconsistent or incompatible, as both may clearly exist at the same time.

International Union of Operating Engineers, Local 148 v. Illinois Department of Employment Security

215 Ill. 2d 37 · Illinois Supreme Court · Mar 24, 2005

“Our precedent makes clear that lack of standing qualifies as ‘affirmative matter’ within the meaning of section 2 — 619(a)(9) and may properly be challenged through a motion to dismiss under that statute.” … Initially the Court observed: “There is no question that an association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself

Kelsay v. Motorola, Inc.

74 Ill. 2d 172 · Illinois Supreme Court · Dec 4, 1978

In adopting the 1975 amendment, it is clear to me that the members of the General Assembly thought they were creating, for the first time, a remedy for retaliatory discharges and established what they considered to be a sufficient … Section 1 stated: “(a) The General Assembly declares that the practice of discriminating in employment against properly qualified persons because of their age is contrary to American principles of liberty and equality of

Alford v. Shelton (In Re Estate of Shelton)

89 N.E.3d 391 · Illinois Supreme Court · May 18, 2017

Thus, section 2-10.3(b) refers exclusively to the liability and duties of an “agent” with no mention of the qualifying word, “successor.” … ¶ 43 We disagree with the appellate court’s statutory analysis as it is contrary to our established canons of statutory construction.