Case law

Franciscan Hospital v. Town of Canoe Creek

79 Ill. App. 3d 490 · Appellate Court of Illinois · Dec 19, 1979

The basic elements of eligibility for AMI are that the individual be a resident of the governmental unit, fail to qualify for other assistance and have nonexempt income and assets, over a three-month period, which are above … The harm to be prevented is clearly set out in article I of the Code which indicates its concern with “the alleviation and prevention of poverty” and promoting “the health and welfare” of the people of Illinois. (Ill.

T.S. v. Joliet Public Schools District 86

2021 IL App (3d) 190076-U · Appellate Court of Illinois · Nov 2, 2021

Generally, unless it is established that a public entity received either actual or constructive notice pursuant to section 3-102(a) of the Tort Immunity Act (745 ILCS 10/3-102(a) (West 2016)), a court need … ¶ 52 As to the issue of tort immunity, defendants were required to establish that the alleged condition and its character of not being reasonably safe would not have been discovered by a reasonably

People v. Wheeler

334 Ill. App. 3d 273 · Appellate Court of Illinois · Sep 27, 2002

The State also granted him immunity from any murder charges stemming from Love’s death. The parties stipulated that Karen Washington would offer the following testimony if called as a witness. … Smith’s testimony made that fact more probable and thus qualifies as relevant. For these reasons, we cannot conclude that the judge abused his discretion in admitting Smith’s testimony as relevant.

United States v. Spain

515 F. Supp. 2d 860 · District Court, N.D. Illinois · Jun 28, 2007

The EPA agents defended on grounds of qualified immunity, placing the Fourth Amendment question squarely before the First Circuit. Id. at 61 . … First, the application for the third warrant clearly established evidence of a federal crime, even by defendants’ own admission.

Blount v. Stroud

232 Ill. 2d 302 · Illinois Supreme Court · Jan 23, 2009

See 720 ILCS 5/32 — 2 (West 2000) (establishing and defining the offense of perjury, a Class 3 felony). … Ct. 1800 (1997) (where the Court distinguished Felder and held that an Idaho appellate rule limiting interlocutory appeals applies to the denial of qualified immunity in a section 1983 claim brought in state court)).

Longstreet v. Cottrell, Inc.

374 Ill. App. 3d 549 · Appellate Court of Illinois · May 17, 2007

Supreme Court Rule 212(a)(5) very clearly, and without qualification, excludes the use of a deceased party’s discovery deposition. … The policy in Illinois, as established by the Illinois Supreme Court, specifically disallows the interpretation advanced by Jean Longstreet.

People v. Botruff

331 Ill. App. 3d 486 · Appellate Court of Illinois · Jun 6, 2002

Such hearings clearly qualify as “any hearing conduced under [the] Act” and thus invoke rights contained in section 25. We also note that subsection 25(e) itself contravenes the State’s asserted limitation. … In Mathews, the United States Supreme Court established three factors to consider when identifying the dictates of due process in a given case.

People v. Heineman

2023 IL 127854 · Illinois Supreme Court · Jan 20, 2023

She smelled alcohol on defendant but described him as awake, alert, cooperative, and speaking clearly. … He notes that the evidence did not clearly establish the exact time defendant and Tanya left the party nor the exact time of the accident.

Monroe v. Pape

221 F. Supp. 635 · District Court, N.D. Illinois · Sep 18, 1963

Insofar as they are material to this case, the rights, privileges and immunities secured by the Constitution and Laws of the United States referred to in the statute above are those rights, privileges and immunities made … Bland, 369 U.S. 663, 666 , 82 S.Ct. 1089 , 8 L.Ed.2d 180 (any state law, however clearly within a state’s acknowledged power, which interferes with federal law, must yield); McKnett v. St.

People v. Continental Beneficial Ass'n

204 Ill. App. 501 · Appellate Court of Illinois · Mar 28, 1917

the only mention of a receiver is made in a proviso to the section; that under an elementary rule of construction, the function of a proviso is not to enlarge the authority granted in the body of the section, but is to qualify … And, the jurisdiction once established to enjoin private wrong, in each case, at the suit of the person wronged, it is almost a logical necessity to admit the other branch of the jurisdiction, to.enjoin, at the suit of the

Goetz v. Wenzel

177 Ill. App. 484 · Appellate Court of Illinois · Feb 19, 1913

the said lot for the term of her natural life with remainder in fee after her death to Ida Louise Wenzel, his daughter by a former wife; that the said daughter was named in said will as executrix and was afterwards duly qualified … It is now here insisted that the weight of the evidence in this record clearly establishes her claim and that the purpose of said attorney and Mrs. Wenzel was, by means of said false promises, to induce Mrs.

Minelli v. Frank B. Hall & Co. of Missouri, Inc.

898 F. Supp. 615 · District Court, N.D. Illinois · Aug 30, 1995

It is the relationship between the parties that establishes this duty. Id. Mere possession of a vessel does not establish such a relationship. An example helps demonstrate the point. … In addition, who qualifies as a master is an issue of admiralty law, not an ambiguity in the contract.

The People v. Fiorita

339 Ill. 78 · Illinois Supreme Court · Feb 21, 1930

It is the well established law of this State that the burden rests upon the People not only to prove the commission of the crime beyond a reasonable doubt but also to prove by the same measure of evidence that it was committed … No witness should be permitted to testify regarding the identification of fire-arms and bullets by the use of this science unless the witness has clearly shown that he is qualified to give such testimony.

People v. Butorac

2013 IL App (2d) 110953 · Appellate Court of Illinois · Feb 19, 2014

procedure, and the roadblock was “clearly a systematic operation.” … If checkpoints were established only at public docks, lakeside residents would be forever immune from compliance with boating regulations.

Estate of Jezewski v. Jaworski

2019 IL App (1st) 170100 · Appellate Court of Illinois · Jun 2, 2020

A lack of standing qualifies as an “affirmative matter” under section 2-619(a)(9). Id. … It is well established that in construing a deed the overriding concern is to ascertain and give effect to the intention of the parties. Urbaitis v. Commonwealth Edison, 143 Ill. 2d 458, 467 (1991).

People v. Sheehan

261 Ill. App. 3d 325 · Appellate Court of Illinois · Apr 26, 1994

The State is clearly correct in noting that by using the word "committed” rather than "convicted” in section 11—501, the legislature evinced a desire to broaden the class of acts which qualify for enhancement. … However, the plea establishes only a prima facie case that the underlying acts took place; it does not establish a conclusive presumption. (Boruschewitz v. Kirts (1990), 197 Ill.

Bennett v. Tucker

720 F. Supp. 1331 · District Court, N.D. Illinois · Sep 6, 1989

New Law Having established that retroactivity analysis applies in this case, the defendant next must establish that Logan “decid[ed] an issue of first impression whose resolution was not clearly foreshadowed.” … Zimmerman, [her] constitutional right to have her claim processed was not clearly established.” 827 F.2d at 69 .

Burns v. Hines

298 Ill. App. 563 · Appellate Court of Illinois · Feb 14, 1939

Clearly the stock that was distributed was removed as an asset of the corporation. The Supreme Court held that the stock so distributed was income, but did not otherwise depart from the doctrine announced in DeKoven v. … invest money in any stock of corporations, unless the same shall be then established as an income producing stock.”

Methodist Medical Center v. Ingram

78 Ill. App. 3d 944 · Appellate Court of Illinois · Dec 7, 1979

Defendant Ingram determined that Hunt was medically indigent and thus qualified for financial assistance under the act, but payment offered to the plaintiff was in the amount of *591, not the applied-for amount of *3,545.80 … Such limited liability for the townships and their taxpayers is clearly the object of the rules and regulations of the Department of Public Aid.

Borden v. Croak

131 Ill. 68 · Illinois Supreme Court · Nov 26, 1889

The burden of proving the facts necessary to the establishment of the lien is clearly upon the petitioner, and in the absence of proof that the intestate was the owner of said property at the time he took the lease, it will … If at that time he had executed an instrument conveying, assigning or mortgaging his “property, ” without qualifying words, no one would for an instant suppose that he was attempting to'dispose of his future acquisitions.