Tamez’s Empirical Analysis

Citation profile

1 district · 2 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Ministerial acts are those ‘[w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment ... but where the act to be done involves the exercise of discretion or judgment, it is not to be deemed merely ministerial.’ ... If an action involves personal deliberation, decision and judgment, it is discretionary; actions which require obedience to orders or the performance of a duty to which the actor has no choice, are ministerial.”

   1 later decision quote this exact passage · from the majority
   e.g. 41 F. Supp. 2d 678 - Holland Ex Rel. Holland v. City of Houston

2. “(1) we concluded that allowing the motion would satisfy the purposes (if not the letter) of Rule 50; (2) the trial court had reserved, not denied, a motion for [judgment as a matter of law] at the close of the plaintiffs case; (3) the defendant called no more than two witnesses before closing; (4) only a few minutes elapsed between the motion for [judgment as a matter of law] and the conclusion of all the evidence; and (5) the plaintiff introduced no rebuttal evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. 36 F. Supp. 2d 360 - Taylor Publishing Co. v. Jostens, Inc.

3. “An official acts within his discretionary authority when he performs nonministerial acts within the boundaries of his official capacity.”

   1 later decision quote this exact passage · from the majority
   e.g. 722 So. 2d 530 - Gulf Coast Research Lab. v. Amaraneni