Case law

Zollman v. Jackson Trust & Savings Bank

141 Ill. App. 265 · Appellate Court of Illinois · May 19, 1908

maturity for a valuable consideration without knowledge of any defects and in good faith will be protected against the defenses of the maker, and the only thing which will defeat his title is bad faith on his part; and to establish … There are no such qualifying recitals in the case at bar.

Granite City Division of National Steel Co. v. Pollution Control Board

221 Ill. App. 3d 68 · Appellate Court of Illinois · Oct 15, 1991

The criteria established by the narrative standard have no fixed values. … Because administrative agencies are inherently more qualified to decide technical problems, this court may not invalidate an administrative rule or regulation unless it is clearly arbitrary, unreasonable, or capricious. (

Druck v. Illinois State Board of Elections

387 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 26, 2008

law and fact (1) where the historical facts are admitted, (2) where the rule of law is undisputed, and (3) where the only remaining issue is whether the facts satisfy a statutory standard, will not be disturbed unless clearly … Illinois courts are guided by established rules of statutory construction.

People v. Brown

467 Ill. Dec. 319 · Appellate Court of Illinois · Mar 13, 2023

A defendant’s failure to establish either deficient performance or prejudice is fatal to his claim. Id. … The supreme court did not limit or qualify its explicit holding in any way.

Levine v. UL LLC

2023 IL App (1st) 221845 · Appellate Court of Illinois · Jun 20, 2023

To qualify as a “clearly mandated public policy” for purposes of the tort of retaliatory discharge, the alleged policy must not be limited to a restriction on government power but must, collectively not individually, “strike … See Turner, 233 Ill. 2d at 505-06 (“We do not read section 3 of the Medical Patients Rights Act to establish a clearly mandated public policy of patient safety that was violated by plaintiff’s discharge. *** It is apparent

Lancaster Development, Ltd. v. Village of River Forest

84 Ill. App. 2d 395 · Appellate Court of Illinois · Jun 16, 1967

Testimony in favor of the proposal [that the “B” zoning be changed] was largely in the form of opinions unsupported by sufficient qualified expert testimony. … the amendatory zoning ordinance towards only one of the several blocks north of Augusta Boulevard — and in fact towards the first block, which borders the heavily travelled Augusta Boulevard — the Village of River Forest clearly

People ex rel. Phillips v. Board of Education

83 Ill. App. 2d 154 · Appellate Court of Illinois · May 17, 1967

County Board of School Trustees, 31 Ill 2d 121, 198 NE2d 848 , it held that school districts established under enabling legislation are subject entirely to the will of the legislature, and may, even without notice, be contracted … Clearly then, all of the relators herein qualified by the terms of said statute to attack the annexation of which they complain, and in fact several of the relators were parties to one or more of the petitions that were filed

Goodman v. Ward

397 Ill. App. 3d 875 · Appellate Court of Illinois · Jan 14, 2010

However, the court went on to say: "it would seem logical that under section 11, if the unit that selects the judge is the circuit, then any person otherwise qualified who lives anywhere in the circuit is qualified. … Consequently, Section 11 does not expressly answer the question whether residency in the selection district must be established at the time petitions are filed.

People v. Garcia

52 Ill. App. 2d 481 · Appellate Court of Illinois · Oct 22, 1964

Charles Vondrak were called to testify, he would testify that he is a qualified chemist employed by the Chicago Police Department Crime Detection Laboratory. … These admissions, added to the testimony regarding the results of the field test were clearly sufficient to enable the jury to find that the substance confiscated was in fact a narcotic drug.

Lacey v. Perrin

53 N.E.3d 90 · Appellate Court of Illinois · Dec 24, 2015

He clearly was being called upon to execute or enforce a law. … To establish that the jury’s verdict is against the manifest weight of the evidence, the plaintiff must show that the opposite conclusion is clearly evident or that the findings of the jury are unreasonable, arbitrary,

Mooney v. Etheridge

65 Ill. App. 3d 847 · Appellate Court of Illinois · Nov 8, 1978

It is well established in Illinois that “ ‘the violation of a statute or ordinance designed for the protection of human life or property is prima facie evidence of negligence.’ ” (Davis v. … We believe that the policy consideration clearly remains the same both before and after the client testifies.

Morgan v. CUNA Mut. Ins. Soc.

242 Ill. App. 3d 1027 · Appellate Court of Illinois · Apr 2, 1993

It clearly states that an insured must suffer a total and permanent disability prior to age 60 in order to be entitled to benefits. … The policy definition of total and permanent disability is an illness or injury which prevents the insured from working at his job or any job for which he is qualified.

People v. Chatman

2016 IL App (1st) 152395 · Appellate Court of Illinois · Jan 13, 2017

In response, the trial court observed in its written order: “First, how is it established that one is, or is not, a ‘victim’? … To qualify under the above subsection, petitioner must show that she “may be bound by an order *** in the action.”

Nourse v. The City of Chicago

75 N.E.3d 397 · Appellate Court of Illinois · Mar 24, 2017

Sections 2-105 and 2-207 would thus appear to clearly protect the City from suit for Mr. Carter’s conduct during the inspection of the elevators. … The City thus met its initial burden of establishing that the immunity provisions of section 2-105 and 2-207 applied. ¶ 33 In response, plaintiffs presented no evidentiary support to refute a conclusion that Mr.

In re J.Y.

962 N.E.2d 1 · Appellate Court of Illinois · Nov 30, 2011

She complains that the letter was prepared in anticipation of litigation, that it does not qualify as a medical or business record, and that it is inadmissible. ¶ 13 The Juvenile Act specifically provides … On appeal, a trial judge’s ruling of neglect will not be reversed unless it is against the manifest weight of the evidence, that is, only if the opposite conclusion is clearly evident.

In re Marriage of Lavelle

206 Ill. App. 3d 607 · Appellate Court of Illinois · Dec 21, 1990

Petitioner argues that respondent should have attempted to get a job in the electronics field for which he was qualified and which would have provided a regular income, unlike his new career, which was based solely upon commissions … The ex-husband had never clearly established his debt, was still a practicing physician with an estimated income of $120,000 per year, and was no longer required to pay child support obligations or to make monthly mortgage

Walker v. Barron

2021 IL App (1st) 210080 · Appellate Court of Illinois · Apr 22, 2021

ANALYSIS ¶ 10 On appeal, petitioners contend that Agpawa is not a duly qualified candidate for the office of Mayor of the City of Markham. … And while the constitution clearly states that the legislature may regulate the process for applying for a pardon, this provision “does not in any way restrict the Governor’s power to act.” Id. at 467.

People v. Coulter

321 Ill. App. 3d 644 · Appellate Court of Illinois · Mar 30, 2001

The majority notes that this was “not the primary consideration” at the third stage of the Batson procedure, but the Seventh Circuit’s opinion clearly establishes that it was to be a consideration. … After all, a prosecutor’s discriminatory act is not “ ‘immunized by the absence of such discrimination in the making of other comparable decisions.’ ” Batson, 476 U.S. at 95, 90 L. Ed. 2d at 87, 106 S.

People v. Adams

404 Ill. App. 3d 405 · Appellate Court of Illinois · Sep 17, 2010

Additionally, he claimed he was previously qualified as an expert in gunshot residue analysis in approximately a half-dozen Illinois counties. … Insofar as firearms were concerned, Hood possessed no certifications, but was qualified as an expert approximately 30 to 40 times.

People v. Townsell

336 Ill. App. 3d 340 · Appellate Court of Illinois · Jan 8, 2003

Those cases are clearly distinguishable, however, because they involved extended sentences authorized by elements that were proved beyond a reasonable doubt. … Since subsection 5 — 5—3.2(b)(2) is valid under at least one circumstance (see Ford, 198 Ill. 2d 68 ), the “void ab initio” doctrine does not qualify as a waiver exception. Jackson, 199 Ill. 2d at 300-01 .