Ex Parte Dolan’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We attach no importance to the adjective 1 exclusive’ preceding the word 1 jurisdiction ’ found in the charter provision. The constitutional provision furnishes the measure of the power given to the framers of the charter, and unless authority is granted by that instrument to declare that exclusive jurisdiction in the class of cases here involved may be given to police courts, the word has no place in the charter. We must take the constitutional provision as it stands, and by that provision it is only said the jurisdiction of the police court may be fixed by charter. Under the power given by the constitutional provision, the charter may fix the jurisdiction of the police courts, but no authority is conferred upon the charter by the constitutional provision whereby it may oust any other court of jurisdiction it already had. It may be stated that in criminal cases the jurisdiction of justices’ courts is not fixed by the Constitution, but is a matter left solely to the legislature. We then have a direct grant of jurisdiction to justices’ courts by the legislature in eases of simple misdemeanor such as that here involved. We also have, by virtue of the constitutional provision heretofore quoted, a direct grant through the medium of the Freeholders’ Charter to police courts of the same character of criminal jurisdiction as that granted by the legislature to justices’ courts. In other words, we have the same character of criminal jurisdiction vested in a police court and a justice”

   1 later decision quote this exact passage
   e.g. 45 Cal. App. 2d 359 - In Re Guzman