State v. Fox’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. ““For the reason that individuals or the public should not be made to suffer for the dereliction of public officers, provisions regulating the duties of public officers and specifying the time for their performance are in that regard generally directory.””

   3 later decisions quote this exact passage
   e.g. Texas Department of Public Safety v. Dawson · Texas Department of Public Safety v. Dear

2. ““There is no absolute test by which it may be determined whether a statutory ‘provision is mandatory or directory. The fundamental rule is to ascertain and give effect to the legislative intent. Although the word ‘shall’ is ■generally construed to be mandatory, it may be and frequently is held to be ■merely directory. In determining -whether the Legislature intended the particular provision to be mandatory or merely directory, consideration should be given to the entire act, its nature and object, and the consequences that would follow from each construction. Provisions which are not of the essence of the thing to be done, but which are included for the purpose of promoting the proper, orderly and prompt conduct of business, are not generally regarded as mandatory. If ■ the statute directs, authorizes or commands an act to be done within a certain time, the absence of words restraining the doing thereof after-wards or stating the consequences of failure to act within the time specified, may be considered as a circumstance tending to support a directory construction.””

   2 later decisions quote this exact passage
   e.g. Texas Department of Public Safety v. Dear · McKee v. State