Case law

Chatham Foot Specialists, P.C. v. Health Care Service Corp.

216 Ill. 2d 366 · Illinois Supreme Court · Sep 22, 2005

Clearly, a health-care provider who does not have a license to practice cannot enter into a valid fee agreement with patients. … Clearly, the intent of the legislature here is not to advance the public welfare but to allow professionals to incorporate in order to enjoy certain tax benefits and to reduce their potential civil liability” Riggs, 351 Ill

Cooke v. People

231 Ill. 9 · Illinois Supreme Court · Oct 23, 1907

From the time plaintiff in error qualified as circuit clerk, down to June 30, 1904, John E. Seinwerth had not entered into said conspiracy. … It is next urged that the evidence does not establish the guilt of the plaintiff in error beyond a reasonable doubt.

People v. Noel

6 Ill. 2d 391 · Illinois Supreme Court · Sep 23, 1955

The codefendants were later arrested, after it was established that they had been with the defendant at a tavern in Peoria earlier that night. … Clearly, such decisions are not helpful here, for in this case the jury was composed of twelve duly selected and sworn jurors.

People v. Watts

181 Ill. 2d 133 · Illinois Supreme Court · Feb 20, 1998

The State acknowledges that the first sentence of subsection (c) creates a mandatory, rebuttable presumption of intent once the predicate facts are established. … The presumption’s mandatory nature is clearly demonstrated by its mandate that “it shall be a rebuttable presumption.” (Emphasis added.) 815 ILCS 515/3(c) (West 1994).

People v. Foster

168 Ill. 2d 465 · Illinois Supreme Court · Jan 29, 1996

The evidence clearly established that the defendant severely beat Simmons with a baseball bat for more than an hour. … Defendant contends that absent the claimed errors, the trier of fact would have entertained reasonable doubt as to the sexual assault and defendant would not have qualified for the death penalty.

International Harvester Co. v. Industrial Commission

410 Ill. 543 · Illinois Supreme Court · Nov 27, 1951

Claimant contends he was not able to read and write and therefore should not be held to the statements and recitals clearly appearing on the checks. … Not only do the payments fail to qualify as compensation but they were not even made by the employer.

Winter v. Dibble

251 Ill. 200 · Illinois Supreme Court · Jun 20, 1911

We are satisfied with the conclusion of the chancellor that the instrument of November 20, 1880, was not established by the evidence. … Words added cannot be said to qualify an expression if the expression means the same thing with the words added as without. In Fowler v.

Home Star Bank and Financial Services, etc. v. Emergency Care and Health Organization, Ltd.

6 N.E.3d 128 · Illinois Supreme Court · Mar 20, 2014

The term is clearly capable of being understood by reasonable persons in more than one way. … Here, those considerations clearly support a broad, flexible reading of the word “fee.”

The PEOPLE v. Fiorito

19 Ill. 2d 246 · Illinois Supreme Court · Mar 31, 1960

The prohibition is only against unreasonable searches and does not extend to immunity from search upon a lawful arrest. (Harris v. United States, 331 U.S. 145, 150 , 91 L. ed. 1399; People v. … The evidence clearly indicates that defendant was not arrested at the hotel.

Chicago City Railway Co. v. Leach

208 Ill. 198 · Illinois Supreme Court · Feb 17, 1904

The question whether the qualifying words with respect to the exercise of influence modify both branches of the rule is of no importance. … The addition of qualifying words is wholly unnecessary, and if there is direct co-operation, nothing further is required to bring them within the relation.

Merchants' Loan & Trust Co. v. Egan

222 Ill. 494 · Illinois Supreme Court · Oct 23, 1906

The defendants then offered in evidence other portions of their testimony in the probate court for the purpose of establishing a gift of the property taken from the box by the deceased to the defendant Jane H. Millard. … Ordinarily an admission is to be taken as an entirety, and when a part of a statement is introduced as an admission against a party, he is entitled to introduce any other part relevant to the matter in issue which will explain, qualify

People v. Polenik

407 Ill. 337 · Illinois Supreme Court · Nov 27, 1950

Under such circumstances the court was clearly correct, and defendant has shown no cause for complaint in this regard. … Statements suggesting or inducing it to do so are clearly improper and prejudicial. People v. Black, 317 Ill. 603 .

People v. Davis

145 Ill. 2d 240 · Illinois Supreme Court · Oct 31, 1991

Further, the burden is on the defendant to establish that the circumstances existing at the time of the plea, judged by objective standards, justified the mistaken impression. People v. … Stat. 1989, ch. 111½, par. 6360—1) clearly indicates that, with defendant’s criminal record, he did not qualify for TASC.

Kane v. City of Chicago

392 Ill. 172 · Illinois Supreme Court · Nov 21, 1945

Clearly, under the well-established rule that the damage to property not taken is the difference in the fair market value of the property as a whole, before and after the improvement, benefits may always be set off against … The evidence was clearly incompetent. It was merely hearsay and should have been stricken.

Elliott v. University of Illinois

365 Ill. 338 · Illinois Supreme Court · Dec 16, 1936

People, 121 Ill. 84 : “This proviso does not confer upon the ten years’ practitioners any special privilege, immunity or franchise. It does not confer upon them anything — it leaves them as they are.” … We also held it clearly indicates that an office established by the constitution, with a different manner of filling such office than by the Governor’s appointment, is not subject to the portion of the section which provides

Fonda v. Miller

411 Ill. 74 · Illinois Supreme Court · Nov 27, 1951

The question of delivery is one of fact and must be gathered from all , the surrounding circumstances established by the evidence. … The fact of acceptance may be established by circumstances as well as by direct proof.

McCartney v. Osburn

118 Ill. 403 · Illinois Supreme Court · Nov 22, 1886

His children, both living and dead, were clearly in his mind when drawing his will. Their issue equally occupied his attention. … This view seems to be strongly confirmed by the use of the qualifying expression, “living at the time of said division,” in connection with the words, “heirs of Henrietta.”

General Motors Corporation v. State of Illinois Motor Vehicle Review Board

Illinois Supreme Court · Jan 8, 2007

If a protest is filed, the manufacturer has the burden of proof to establish that “good cause” exists to allow the grant or establishment of the additional franchise. 815 ILCS 710/4(e)(8) (West 2004). … Whether the Board’s Decision Was Clearly Erroneous GMC next argues that the Board’s decision was either clearly erroneous or against the manifest weight of the evidence.

Spidle v. Steward

79 Ill. 2d 1 · Illinois Supreme Court · Feb 22, 1980

Yellow Cab Co. (1975), 61 Ill. 2d 416, 421 , for example, this court held the doctrine inapplicable as a matter of law because the evidence introduced by the plaintiff clearly established that the defendant did not have control … 1971) relevant to the causes of action based upon negligence: “In treating and operating upon a patient, a doctor must possess and apply the knowledge and use the skill and care that is ordinarily used by reasonably well-qualified

People v. Jackson

118 Ill. 2d 179 · Illinois Supreme Court · Oct 5, 1987

Clearly, the defendant had been put in jeopardy as to the DUI and illegal transportation of alcohol offenses. … The conviction does not establish an essential element of reckless homicide, that is, a reckless act.