Archives: Areas of the Law

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How Many Criminal Procedure Cases Does the Court Decide a Year?

Yesterday, we began our analysis of the Court’s procedural cases with a review of the year-by-year data on the Court’s civil procedure cases.  Today, we’re looking at the Court’s criminal procedure cases.  For the entire period 1990-2017, the Court has decided a total of 307 cases whose primary issue involved criminal procedure. The Court decided … Continue Reading

How Many Civil Procedure Cases Does the Court Decide a Year?

For the past two weeks, we’ve been taking a detailed look at the Court’s constitutional law decisions, both on the civil and criminal sides of the docket.  This week and next, we’ll be looking at the Court’s procedure cases – decisions that turn on civil and criminal procedure issues.  So first – how many civil … Continue Reading

What Kind of Constitutional Law Case is the Court Most Likely to Hear in the Criminal Docket?

This week, we’re continuing our review of the Court’s constitutional law docket by asking (1) how much of the Court’s docket consists of cases won below by one side or the other; (2) whether the Court has a significantly higher (or lower) reversal rate depending on who won below; and (3) whether the Court tends … Continue Reading

What Kind of Constitutional Law Case is the Court Most Likely to Hear in the Civil Docket?

Last week, we tracked the number of constitutional law cases on the civil side of the Court’s docket, year by year since 1990.  This week, we’re looking deeper at the data.  What kind of constitutional law cases has the Court tended to take, and has the Court tended to reverse more regularly, depending on who … Continue Reading

Constitutional Law at the Court, Part 2 – How Many Criminal Con Law Cases Does the Court Decide a Year?

Yesterday, we began our detailed look at the most common area of law on the Court’s civil and criminal dockets (and the area of law most frequently identified with courts of law resort) – constitutional law.  Today, we’re beginning our review of the Court’s constitutional law cases on the criminal docket side. In 1990, the … Continue Reading

Constitutional Law at the Court, Part 1 – How Many Civil Con Law Cases Does the Court Decide a Year?

This week, we’re beginning an intensive look at the Court’s cases, divided by subject matter.  Many people – especially non-lawyers – think of courts of last resort primarily in terms of constitutional law decisions.  So let’s start there – the Illinois Supreme Court’s past twenty-seven years with constitutional law in both civil and criminal law. … Continue Reading

How Often Do Governmental Entities Win Their Civil Appeals (Part 4)?

For the past two weeks, we’ve been reviewing the government’s winning percentage as the appellant in civil cases at the Illinois Supreme Court.  Today, we finish our review with the years 2011 through 2016. In 2011, the government won its only domestic relations case as an appellant.  Governmental entities won two of three cases in … Continue Reading

How Often Do Government Entities Win Their Civil Appeals (Part 3)?

Last week, we began reviewing the government’s winning percentage in civil appeals.  We began by reviewing the data for the years 1990-2003.  This week, we address the more recent years, beginning with the period 2004-2010. For the beginning of this period, the government fared somewhat worse in both constitutional law and government and administrative law … Continue Reading

How Often Do Governmental Entities Win Their Civil Appeals (Part 2)?

Yesterday, we began looking at governmental entities’ won-loss record in civil cases by area of law. Interestingly, governmental entities had significantly more trouble in government and administrative law cases than they did in the previous seven years. In 1997, governmental entities win two thirds of their tort cases and two thirds of their constitutional law … Continue Reading

How Often Do Governmental Entities Win Their Civil Appeals (Part 1)?

For the past few weeks, we’ve been studying appeals brought to the Illinois Supreme Court by governmental entities – specifically, which areas do governmental entities tend to most often appeal in civil cases? This week, we begin our look at the natural follow-up question: how often do governmental entities win those appeals? We begin with … Continue Reading

What Areas of Law Does the Government Appeal in Civil Cases (Part 4)?

Yesterday, we continued tracking the areas of law, year by year, in which governmental entities appealed in civil cases. Today, we’re completing our review with the years 2011 through 2016. Once again, the leading areas for governmental entities appeals were government and administrative law with 21 and constitutional law with 10. The court decided five … Continue Reading

What Areas of Law Does the Government Appeal in Civil Cases (Part 3)?

Last week, we began reviewing the subject matter areas in which governmental entities appealed to the Illinois Supreme Court between 1990 and 2003.  This week, we’ll turn our attention to the years 2004 through 2016. For the years 2004 through 2010, governmental and administrative law was the most common source of appeals by government entities … Continue Reading

Reversal Rates by Area of Law for the Criminal Docket, 2010-2015 (Part II)

Yesterday, we began the final segment of our analysis of the Court’s reversal rates by area of law and prevailing party below with a look at the criminal docket between 2010 and 2015.  Today, we complete our analysis by addressing the Court’s reversal rates, divided by area of law and whether the defendant or the … Continue Reading

Reversal Rates by Area of Law for the Illinois Supreme Court’s Civil Docket, 2010-2015 (Part II)

For the past few weeks, we’ve been taking a close look at the reversal rates before the Illinois Supreme Court, dividing the data by areas of law and whether the defendant or plaintiff prevailed in the lower court.  Today, we conclude our review of the civil docket by asking how reversal rates have differed, area … Continue Reading

Reversal Rates by Area of Law for the Illinois Supreme Court’s Civil Docket, 2010-2015 (Part I)

For the past several weeks, we’ve been taking a close look at reversal rates at the Illinois Supreme Court, analyzing two questions: (1) has the Court reviewed more defendant wins or plaintiff wins from the Appellate Court in each area of law; and (2) do the Court’s reversal rates differ significantly depending on the area … Continue Reading

Reversal Rates by Area of the Law for the Criminal Docket, 2005-2009 (Part II)

Yesterday, we took a look at the criminal docket at the Illinois Supreme Court between 2005 and 2009 – specifically, the fraction of the Court’s caseload, one area of the law at a time, which consisted of defendants prevailing below, versus government wins which the Court decided to review.  Today, we address the follow-up question … Continue Reading

Reversal Rates by Area of Law for the Criminal Docket, 2005-2009 (Part I)

Last week, we continued our close look at the Illinois Supreme Court’s reversal rates, divided by the area of law and the prevailing party below, with a look at the civil docket between 2005 and 2009.  Today, we continue our analysis of that period with a look at the criminal, quasi-criminal, juvenile and disciplinary docket. … Continue Reading

Reversal Rates by Area of the Law for the Civil Docket, 2005-2009 (Part II)

Yesterday, we began our analysis of the Illinois Supreme Court’s civil docket during the second five years of our period of study, 2005-2009.  Today, we continue that study by addressing whether the Court tended to reverse either pro-defendant or pro-plaintiff decisions at a higher rate in any particular area of the law during those years. … Continue Reading

Reversal Rates by Area of Law for the Civil Docket, 2005-2009 (Part I)

Over the past two weeks, we’ve been taking a close look at reversal rates on the Illinois Supreme Court’s civil and criminal dockets, divided by area of the law.  Today, we begin looking at the years 2005-2009. Tort was slightly down during these years, comprising 22.62% of the civil docket.  Civil procedure was still in … Continue Reading

Is Publication Below a Good Predictor of Dissents at the Illinois Supreme Court (Part II)?

Yesterday, we began our discussion of the impact of publication at the Appellate Court on the Illinois Supreme Court’s civil and criminal dockets. We analyzed whether decisions which were published below – presumably, the decisions more open to disagreement – were more likely to lead to dissenting opinions before the Court. Today, we address the … Continue Reading

Is Publication Below a Good Predictor of Dissents at the Illinois Supreme Court (Part I)?

Last week, we began our analysis of the impact of publication at the Appellate Court level on the Illinois Supreme Court’s civil and criminal dockets. Today, we look at a related question – are published Appellate Court decisions a good predictor that the Illinois Supreme Court’s decision on the case will be divided? One would … Continue Reading

How Often Does the Illinois Supreme Court Review Unpublished Decisions?

Last week we concluded our examination of the question of how much of the Illinois Supreme Court’s civil and criminal dockets comes from cases which sparked a dissent at the Appellate Court.  Today, we turn to a similar question: how much of the Court’s docket involves review of unpublished (and non-precedential ) Rule 23 orders? … Continue Reading

What Areas of the Law Does the Illinois Supreme Court Draw Its Docket From (2013-2015)?

Today, we conclude our trip through the areas of law from which the Illinois Supreme Court has drawn its civil and criminal dockets over the past sixteen years with our review of the years 2013-2015. As you can see from the Table below, the striking thing about the Court’s civil docket in 2013 was its … Continue Reading
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