Case law

People v. Harrod

140 Ill. App. 3d 96 · Appellate Court of Illinois · Jan 13, 1986

And, although Beaston does not provide a criterion for the degree of corroborative proof necessary to support a perjury conviction, it clearly does not suggest the stringent standard advanced by defendant. … In order for testimony to qualify as an exception to the hearsay rule as a spontaneous declaration, three elements must be present.

Cutler v. Northwest Suburban Community Hospital, Inc.

405 Ill. App. 3d 1052 · Appellate Court of Illinois · Nov 29, 2010

Taylor was qualified to author the report. … Taylor was qualified to author the physician’s report.

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.”

Feinglass v. Reinecke

48 F. Supp. 438 · District Court, N.D. Illinois · Nov 23, 1942

State at large the petition shall be signed by not less than 25,000 voters, included in the aggregate of which must be the signatures of 200 qualified voters from each at least 50 counties within the State. … uncertainty as to the meaning of Communist principles. 1 If the term Communist is to be taken to mean simply a belief in a system in which goods and the instruments of production held in common by the people then the statute is clearly

Kessler v. Continental Casualty Co.

132 Ill. App. 3d 540 · Appellate Court of Illinois · Apr 2, 1985

Such an order is clearly mandatory in nature. Mandatory preliminary injunctions are not favored, and the only justification for such an order is the maintenance of the status quo to avoid irreparable injury. … In order to establish irreparable injury, the plaintiff must show that his legal remedy is inadequate in that money damages will not be adequate compensation or the damages escape pecuniary valuation.

Grennan v. Sheldon

401 Ill. 351 · Illinois Supreme Court · Sep 24, 1948

order, on motions previously filed by original petitioners, finding (1) that all petitions other than those of the original petitioners were not filed in apt time, (2) that none of them contained the required number of qualified … Clearly the act could not stand in the absence of those two paragraphs, which prescribe requirements for the establishment of organized hospital authorities.

People v. Mercado

333 Ill. App. 3d 994 · Appellate Court of Illinois · Sep 25, 2002

FACTS The State’s evidence established defendant and codefendant Audrey Ann Klimawicze lived in the third-floor apartment directly above the apartment where codefendant’s mother, Audrey Virginia Klimawicze, lived. … However, the first sentence of the instruction as well as all of the applicable cases clearly state that all five factors are to be considered and are not mutually exclusive. People v. Gonzalez, 326 Ill.

The People v. Peplos

340 Ill. 27 · Illinois Supreme Court · Jun 20, 1930

If the evidence offered established such defense, refusal to admit it was reversible error. Hankins v. People , 106 Ill. 628 . … Perez, supra , and other cases, and saying: "Those cases clearly establish the law of this court that courts of justice are invested with the authority to discharge a jury from giving any verdict whenever in their opinion

Matuszak v. Cerniak

346 Ill. App. 3d 766 · 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

Rowry v. Litigation Solutions, Inc.

82 F. Supp. 2d 928 · District Court, N.D. Illinois · Feb 8, 2000

Rowry was clearly capable of devoting his energies to a business venture and he was not suffering from any disability at the time of his discharge. Rowry was unhappy with his working situation at LSI. … Rather, the record clearly established that Plaintiff was terminated because he was not meeting his employer’s expectations as a salesman.

Wilbon v. D. F. Bast Co.

48 Ill. App. 3d 98 · Appellate Court of Illinois · Apr 14, 1977

It has long been established in this state that a minor is a ward of the court and it is the duty of the court to protect all the interests of any minors within its jurisdiction. In 1846 in Cowles v. … These two minor children, aged five months and two years at the time of their father’s death, have been deprived of this support through the death of their father and clearly should be considered as wards of the court in

Sundene v. Koppenhoefer

343 Ill. App. 164 · Appellate Court of Illinois · May 7, 1951

Justice Wilson, said: “In order that a court may take judicial notice of any fact it must appear that it is a matter of common and general knowledge and that it must be well established and known within the limits of the … The testimony given by him as to findings in the x-rays taken by him was clearly competent. The judgment of the Superior Court is reversed and the cause remanded for a new trial. Reversed and remanded. Niemeyer, P.

Castel Properties, Ltd. v. City of Marion

259 Ill. App. 3d 432 · Appellate Court of Illinois · Mar 30, 1994

The city held a public hearing on the issue on November 16, 1989, and the city council unanimously voted to establish the Illinois Centre TIF. … The trial court found that the area was clearly blighted and that the redevelopment plans were in conformity with the city’s comprehensive plan. There is no serious dispute about either of these propositions.

Minkus v. Pond

326 Ill. 467 · Illinois Supreme Court · Jun 22, 1927

we have indicated as pertinent to the inquiry, at least the reasons are sufficiently cogent to preclude us from saying, as it must be said before the ordinance can be declared unconstitutional, that such provisions are clearly … There would be no object in creating a residential district unless there were to be secured to those dwelling therein the advantages and that immunity from risks and danger which would ordinarily be considered the main benefits

Moorhead v. Lane

125 F.R.D. 680 · District Court, C.D. Illinois · Apr 29, 1989

The court went on to hold that this policy supported a “qualified privilege subject to necessity____” Id. at 739 , 112 Ill.Dec. 802 , 514 N.E.2d 465 . … The court’s research has not found a Seventh Circuit precedent that establishes an executive predecisional deliberative process privilege for state agencies.

People v. Johnson

389 Ill. App. 3d 618 · Appellate Court of Illinois · Mar 30, 2009

However, the objections raised below were clearly based on theories different than those defendant presents here. … The analyst was qualified, without objection, as an expert in forensic DNA analysis.

LUCIE B. v. Department of Human Services

359 Ill. Dec. 317 · Appellate Court of Illinois · Mar 1, 2012

"An administrative decision is clearly erroneous when the reviewing court is left with the definite and firm conviction that a mistake has been committed." Id. … The documentation that plaintiff submitted with her application clearly demonstrated that S.B. was hospitalized multiple times as a result of her mental health issues.

Canfield v. Spear

99 Ill. App. 2d 107 · Appellate Court of Illinois · Sep 23, 1968

Spear on his own initiative decided to establish a practice in Rockford. They have not, as the trial court found, lost a dermatologist, for they are free to bring in another dermatologist as an associate or partner. … Spear, as the trial court found, as these were earnings from the practice of a specialty that none of them are qualified to engage in.

Jones Truck Lines, Inc. v. Republic Tobacco, Inc.

178 B.R. 999 · United States Bankruptcy Court, N.D. Illinois · Mar 2, 1995

The ICC subsequently established a procedural schedule in the proceeding to determine rate reasonableness. … However, the legislative history clearly reveals the opposite conclusion.

Groeller v. The Evergreen Healthcare Center LLC

2015 IL App (1st) 140932 · Appellate Court of Illinois · Jun 9, 2015

. ¶ 35 We find Ellig distinguishable because in this case, the jury was more clearly informed about which standard applied to which theory of recovery. … “Each party has the right to have the jury clearly and fairly instructed upon each theory that was supported by the evidence. [Citation.]