Case law

Rotary International v. Paschen

14 Ill. 2d 480 · Illinois Supreme Court · Sep 18, 1958

These payments are the established obligation of each club and are neither gratuities nor gifts. … In order to qualify property for exemption from taxation, the benefits must accrue to mankind directly and it is not enough that incidental benefits may come to the public as a result of its use.

Kuns v. Robertson

154 Ill. 394 · Illinois Supreme Court · Jan 15, 1895

Any other rule would be productive of the greatest inconvenience, and ought not to be adopted unless the legislative will to that effect is clearly expressed.” … In all such cases, however, “the trust and abuse of it must be clearly established, in accordance with the rules by which courts are governed in administering justice.” (Happy v. Morton, 33 Ill. 398 .)

People v. Harper

91 Ill. 357 · Illinois Supreme Court · Sep 15, 1878

We can not say we are clearly satisfied the constitution has been thereby violated. … The term of office of the chief inspector is limited to two years, not until his successor shall be elected and qualified.

In re N.G.

2018 IL 121939 · Illinois Supreme Court · Feb 5, 2019

Accordingly, the appellate court held that the action qualified as a collateral attack and was a permissible vehicle for challenging the validity of Floyd F.’s 2008 criminal conviction. … The underlying conduct was constitutionally immune from punishment. United States v. United States Coin & Currency, 401 U.S. 715, 724 (1971).

People v. Hanson

212 Ill. 2d 212 · Illinois Supreme Court · Sep 23, 2004

Defendant argues that the State’s interpretation of Cleer as establishing a per se rule is too broad and fails to consider the underlying facts. … The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

People v. Wilson

1 Ill. 2d 178 · Illinois Supreme Court · Sep 24, 1953

Roberson testified on behalf of the defendant and qualified as a specialist in the genitourinary and gynecology field of medicine. … The first ground for reversal asserted by defendant is that the evidence does not establish his guilt beyond a reasonable doubt.

People v. Hill

443 Ill. Dec. 626 · Illinois Supreme Court · Mar 19, 2020

The United States Supreme Court, however, has clearly recognized a few exceptions to the warrant requirement. Jones, 215 Ill. 2d at 269. ¶ 21 One exception was recognized in Carroll v. … The Act permits possession of a determinative amount of cannabis for registered, qualifying patients. 410 ILCS 130/25(a) (West 2016).

Coleman v. East Joliet Fire Protection District

46 N.E.3d 741 · Illinois Supreme Court · Jan 22, 2016

Accordingly, no tort action could be maintained against units of local government that were established by the State. … Whether a plaintiff can establish that a local public entity owed a duty is a separate and distinct inquiry from the issue of whether defendants can claim a statutory immunity is available as a defense.

Garrett Biblical Institute v. Elmhurst State Bank

331 Ill. 308 · Illinois Supreme Court · Jun 23, 1928

Said trustees shall, however, respectively, hold their office until their successors are elected and qualified. … The whole charter indicates clearly that it was its object to enable the trustees to establish an institution of learning. No one is required to attend the school who does not wish to do so.

Conlon Bros. Mfg. Co. v. Annunzio

409 Ill. 277 · Illinois Supreme Court · May 24, 1951

In other words, to qualify for a variable rate, the employer must have incurred liability under the act for five years before the rate is imposed. … As pointed out by the State, the self-evident and unquestioned basis of the classification established by this section is that some employers have little or no past experience with the unemployment risk and consequently,

Krasinski v. United Parcel Service, Inc.

124 Ill. 2d 483 · Illinois Supreme Court · Oct 20, 1988

The trial court denied the defendants’ motion, finding that, though the defendants had a qualified privilege in making the statements, an issue of material fact existed as to whether the statements were made with actual malice … If the defamation claim arises out of an employer-employee relationship, the plaintiff may be confronted with a qualified privilege.

People v. Burns

Illinois Supreme Court · Apr 15, 2004

Carich had been found qualified to render opinions for purposes of recovery applications in other appellate cases. 337 Ill. App. 3d at 229 . One justice dissented from the finding that Dr. Carich was qualified. 337 Ill. … Carich clearly is qualified to submit socio-psychiatric reports and to testify in discharge proceedings under section 9 of the SDPA.

The People v. Dennis

47 Ill. 2d 120 · Illinois Supreme Court · Oct 7, 1970

The defendant, in conjunction with the remand, was to receive a new trial only if the witness’s statement was found in the police department files and was otherwise qualified for impeachment purposes. … It was clearly incumbent upon defendant to present any further mitigating circumstances (People v.

Braye v. Archer-Daniels-Midland Co.

175 Ill. 2d 201 · Illinois Supreme Court · Feb 6, 1997

As such, an employer’s potential for tort liability exists unless and until the defense of the Workers’ Compensation Act is established. Doyle, 101 Ill. 2d at 10-11 . … ADM argues that its third-party complaint clearly states that it is seeking contribution consistent with the Contribution Act.

Doe v. Dilling

Illinois Supreme Court · Apr 3, 2008

Kirk denied that he knew by 1997 that it was used to treat the immune system. … One treatment that Kirk felt “qualified” to recommend to Albert was chelation therapy.10 Kirk and Betty had paid thousands of dollars for Albert’s medical treatment.

Ashby v. McKinlock

271 Ill. 254 · Illinois Supreme Court · Dec 22, 1915

Upon reading the entire will, and particularly the first seven clauses thereof, it clearly, appears it was the testator’s intention to convey to appellee a fee simple estate. … In the construction of wills, courts search for the testator’s intention, and that being once ascertained, effect is given to it if not contrary to; established rules of law.. (Bennett v.

Retail Liquor Dealers Protective Ass'n v. Fleck

408 Ill. 219 · Illinois Supreme Court · Jan 18, 1951

commission pass upon the qualifications of an applicant for State liquor retailer’s license, (other than manufacturers, distributors or importing distributors, nonbeverage users, railroads and boats for which authority is clearly … Section 7a of article VII is authority for the establishing of a license appeal commission for each city, village or incorporated town having a population of over 200,000, and the next section provides for an appeal by any

People v. Deleon

450 Ill. Dec. 172 · Illinois Supreme Court · Sep 24, 2020

To overcome that presumption, the party challenging the statute must clearly establish a constitutional violation. People ex rel. Birkett v. Konetski, 233 Ill. 2d 185, 200 (2009). … ¶ 46 Under the Civil No Contact Order Act, it is generally the petitioner’s burden to establish qualifying acts by the respondent that justify the issuance of an order of protection through testimony

State Security Insurance v. Burgos

145 Ill. 2d 423 · Illinois Supreme Court · Nov 21, 1991

With no policy provision defining the term, the insured is left to determine for himself who or what entity qualifies as an “authorized agent.” … To the contrary, this provision only adds to the insured’s confusion as it indicates that either an “agent” or a “broker” could qualify as plaintiff’s “representative.”

Norton Co. v. Department of Revenue

405 Ill. 314 · Illinois Supreme Court · Jan 18, 1950

Montgomery Ward & Co. 312 U.S. 373 , it was even declared permissible to require the retailer to act as collector of the tax within the State, and the court in those cases indicated that immunity to taxes by an interstate … The journey involved was clearly interstate, yet the court held that the State did have a right to tax that exact percentage portion of the commerce with which it was intimately connected, i.e., the mileage traversed within