State v. Marcus’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘In so far as the provisions of a special statute are inconsistent with those of a general statute on the same subject, the special statute will control, Knape v. Brown, 86 Ariz. 158 , 342 P.2d 195 (1959); Whitfield Trans. Inc. v. Brooks, 81 Ariz. 136 , 302 P.2d 526 (1956).’ ” State v. Marcus, 104 Ariz. 231, 234 , 450 P.2d 689, 692 (1969), quoting from Desert Waters, Inc. v. Superior Court, 91 Ariz. 163 , 370 P.2d 652 (1962).”

   1 later decision quote this exact passage
   e.g. Arizona State Tax Commission v. Phelps Dodge Corp.

2. ““. . . while it is a general principle that the most recent Act controls over the earlier Act, such is not invariably binding. Gustafson v. Rajkovich, 76 Ariz. 280 , 263 P.2d 540 , 40 A.L.R.2d 520 . The controlling principle is that where a special provision of a statute deals with the same subject as a general statute, the special provision prevails. (Cases cited.)” 104 Ariz. at 234, 450 P.2d at 692 .”

   1 later decision quote this exact passage
   e.g. State v. Rice