Case law

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  • Jones v. Board of Education of the City of Chicago

    996 N.E.2d 1093 · Appellate Court of Illinois · Jul 30, 2013

    Under the deferential review standard, the Board’s final decision must be affirmed unless it is clearly erroneous. ¶ 27 The Board has the power to both establish and enforce standards that protect the Chicago … Clearly, those charges did not arise out of her performance of her teaching assignments.

    Cited 13 timesPublished
  • People v. Harvey

    9 Ill. App. 3d 944 · Appellate Court of Illinois · Jan 18, 1973

    In view of defendant’s mother’s testimony as to the defendant’s exact date of birth in the instant case, these two cases are clearly distinguishable. … His argument, in effect, is that the defendant, by virtue of his age, good background, etc., could or did qualify for probation.

    Cited 1 timesPublished
  • Matuszak v. Cerniak

    Appellate Court of Illinois · Feb 25, 2004

    So he might have a problem with his immune system. *** Q. … ANALYSIS Generally, expert testimony is admissible if the proffered expert is qualified as an expert by knowledge, skill, experience, training, or education and the testimony will assist the trier of fact in understanding

    Cited 0 timesPublished
  • Stanila v. Joe

    2020 IL App (1st) 191890 · Appellate Court of Illinois · Dec 22, 2020

    Therefore, defendant argues that “the motion for reconsideration, which was filed on August 16, 2019, was clearly timely filed and preserved [d]efendant’s right to appeal.” … CONCLUSION ¶ 29 In sum, the record before us does not establish this court’s jurisdiction to consider defendant’s appeal and we must, therefore, dismiss it. ¶ 30 Appeal dismissed.

    Cited 1 timesPublished
  • Same Condition, LLC v. Codal, Inc.

    453 Ill. Dec. 409 · Appellate Court of Illinois · Jun 21, 2021

    The court’s order clearly intended to regulate the content of Same Condition and Kumar’s speech, namely any online speech involving Codal. … “Ordinarily, the State’s constitutionally permissible interests are adequately served by criminal penalties imposed after freedom to speak has been so grossly abused that its immunity is 3

    Cited 7 timesPublished
  • People v. Craig

    334 Ill. App. 3d 426 · Appellate Court of Illinois · Sep 12, 2002

    Orange, 121 Ill. 2d 364 (1988), our supreme court held that section 115 — 10.1 is constitutional: “[T]he statute [i]s clearly within the legislature’s authority. (See People v. … In Shockey, when the witness (the defendant’s brother) invoked his fifth amendment rights, the State granted him immunity. The appellate court held: “The defendant claims the immunity order was not proper.

    Cited 43 timesPublished
  • Brenczewski v. Forest Preserve District of Will County

    2023 IL App (3d) 230061-U · Appellate Court of Illinois · Nov 20, 2023

    (745 ILCS 10/2-109, 2-201 (West 2020)), Brenczewski contends that it did not offer sufficient evidence to establish immunity. … Without any evidence in the trial record to satisfy the District’s burden of proving that it qualified for absolute tort immunity, the trial court erred in finding that the District was immunized under section

    Cited 0 timesUnpublished
  • People v. Mancilla

    2024 IL App (2d) 230505 · Appellate Court of Illinois · Feb 14, 2024

    Here, defendant was charged with qualifying offenses. See id. § 110- 6.1(a)(6)(D), (O) (listing as qualifying offenses armed habitual criminal and the unlawful use or possession of weapons by felons). … Clearly, the court did not err in finding defendant to pose a real and present threat to the safety of the victims and the community.

    Cited 31 timesPublished
  • Johnson v. City of Evanston

    39 Ill. App. 3d 419 · Appellate Court of Illinois · May 28, 1976

    may and do occur subsequent to adoption of the combined annual budget and appropriation ordinance for Evanston Township by the city council which affect the amount of monies available for payment of general assistance to qualified … Where the intent of the legislature is expressed clearly in the language of the statute, there is no room for judicial interpretation. (Department of Public Works and Buildings v.

    Cited 29 timesPublished
  • People v. Wade

    51 Ill. App. 3d 721 · Appellate Court of Illinois · Jul 25, 1977

    In the opinion of Cedric Taylor, this area was well lighted since light from these establishments combined with the illumination provided by street lights in the vicinity. … The trial judge is afforded a wide latitude of discretion in determining the admissibility of expert testimony and his decision will not be overturned on review unless clearly and prejudicially erroneous. People v.

    Cited 62 timesPublished
  • State Farm Mutual Automobile Insurance v. Short

    125 Ill. App. 2d 97 · Appellate Court of Illinois · Jun 22, 1970

    However, it is well-established that when it is not practicable to place before the jury all the primary facts in such a way as to enable the jury to form an intelligent conclusion, witnesses who have had means of personal … Clearly these affidavits are admissible to impeach Loren’s testimony and the question of Loren’s credibility is raised. Under these circumstances summary judgment is inappropriate. Cross v.

    Cited 25 timesPublished
  • In Re Marriage of Talty

    252 Ill. App. 3d 80 · Appellate Court of Illinois · Nov 22, 1993

    Zells quite clearly refers to professional businesses and distinguishes them from other businesses. Zells, 143 Ill. 2d at 255-56 , quoting In re Marriage of Courtright (1987), 155 Ill. … It is well established that the proper date of valuation of a party’s business for purposes of distribution of marital assets is the date of dissolution. (In re Marriage of Morrical (1991), 216 Ill.

    Reversed on other grounds by In Re Marriage of Talty, 166 Ill. 2d 232 (1995)Cited 4 timesPublished
  • Vischer v. Dow Jones & Co.

    325 Ill. App. 104 · Appellate Court of Illinois · Feb 13, 1945

    They are made, not on isolated occasions, but as part of an established course of business. … Its secretary and treasurer filed an affidavit in support of its motion which states that no officer or shareholder of the corporation resides in Illinois; that the corporation has never qualified to do business in this State

    Cited 5 timesPublished
  • People v. Lawson

    2015 IL App (1st) 120751 · Appellate Court of Illinois · May 8, 2015

    App. 3d 26, 31 (2000). ¶ 33 The circumstances of this case establish that the investigative stop was warranted. … Although defendant asserts the unique shirt he was wearing when he was stopped clearly does not fit the description of the offender, the police knew that the offender had been hiding for a few hours and, like

    Cited 19 timesPublished
  • Broussard v. Huffman Manufacturing Co.

    108 Ill. App. 3d 356 · Appellate Court of Illinois · Sep 9, 1982

    The reviewing court found no error and stated: “The knowledge required to qualify one as an expert may be obtained from study or experience, or a combination of both [citation], and whether a witness qualifies as an expert … Defendants insist that the uncontroverted evidence established that a spark from friction could not have been the source of ignition.

    Cited 23 timesPublished
  • Illinois Central Railroad v. Michigan Central Railroad

    18 Ill. App. 2d 462 · Appellate Court of Illinois · Jun 30, 1958

    Immediately following that statement we said that this was qualified to some extent in that there may be a reservation of a right to possession by the landlord for purposes not inconsistent with the privileges granted to … He considered that the peace and security of human society depended upon them and that there was no “possibility of establishing a good correspondence among men, where these are neglected.”

    Cited 1 timesPublished
  • People v. Landes

    151 Ill. App. 181 · Appellate Court of Illinois · Oct 25, 1909

    There was evidence introduced by the People tending to establish each and every material allegation of the indictment. … The portion of the judgment which orders both defendants committed to jail until the fine and costs of each of them is paid, is clearly erroneous.

    Cited 0 timesPublished
  • Woolums v. Huss

    Appellate Court of Illinois · Jun 28, 2001

    Schurman is not qualified to and does not make assertions that the CT plates showed osteomyelitis and that Dr. … Schurman's affidavit was stricken and, without it, no causation could be established against Dr. Cross. As to Dr. Huss, once Dr.

    Cited 0 timesPublished
  • Doria v. Costello

    22 Ill. App. 3d 505 · Appellate Court of Illinois · Sep 3, 1974

    In light of the above-quoted authority, Kalivoda was qualified to offer his opinion as to plaintiff’s sobriety or lack of it. … Each party established the facts necessary to support his theory of the case by means of direct evidence.

    Cited 11 timesPublished
  • In Re NW

    293 Ill. App. 3d 794 · Appellate Court of Illinois · Dec 12, 1997

    Instead, respondent objected solely on the grounds that the State failed to establish an adequate foundation supporting the reliability of the records. … Smith to establish the necessary indication of trustworthiness and reliability necessary to satisfy the underlying purpose of the business records exception. Based upon People v.

    Cited 3 timesPublished

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