Ustick v. Ustick’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here it is asserted ... that a spouse intended to transmute property or to make a gift, the burden is on the party urging the assertion to prove the intent in question by clear and convincing evidence, [citations omitted]. Concomitantly, because the question of whether a “clear and convincing” burden of proof has been met is a question for the trier of facts to decide in the first instance, the determination of the trial judge — that a claim was not shown by clear and convincing evidence — is entitled to great weight on appeal, [citations omitted].”

   2 later decisions quote this exact passage
   e.g. Barrett v. Barrett · Hoskinson v. Hoskinson

2. “the trial court (magistrate) record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. If those findings are so supported and the conclusions follow therefrom and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure.”

   1 later decision quote this exact passage
   e.g. Gardner v. Gardner

3. “Transmutation is a broad term used to describe arrangements between spouses which change the character of property from separate to community and vice versa.”).”

   1 later decision quote this exact passage
   e.g. Eric Kawamura v. Jessica Kawamura