Riney v. Doll’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The courts now generally recognize that this definition is inaccurate, for at least two specific reasons, viz.: First, experience has furnished no yardstick by which the firmness of the human will can be measured, and second, even though that could be done, one having a weak will is as much entitled to the protection of the law as though his will were of ordinary firmness or of extraordinary firmness. When one uses the bludgeon of duress to break the will of his adversary and thereby gains a wrongful or unconscionable advantage, a court will relieve the victim of the consequences of the act he was thus forced to perform, whether his will be weak, requiring but one blow to shatter it, or whether it be of ordinary firmness requiring several, or whether it be as adamant, requiring many. “The courts now quite generally recognize the inaccuracy of defining duress by applying it to a person of ordinary firmness.” (p. 30.) (See earlier cases and authorities there cited.)”

   1 later decision quote this exact passage · from the majority
   e.g. Ogle v. Freeman