156 Or. App. 566 - State v. Doern’s Empirical Analysis
1998
Citation profile
4
cited by 4 later decisions
1
states following
July 2000
most recently cited
4 state decisions
Relationships
Relies on Ailes v. Portland Meadows, Inc. · State v. Hansen · State v. Hitz · Zockert v. Fanning · State v. Rogoway
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"First, the requirement that an issue be presented to the lower tribunal in order for it to be raised on appeal serves to prevent error. If the first tribunal is given the opportunity to make a ruling, its ruling may well be correct. Relatedly, it would be a disservice to the economy of the process to require the lower tribunal to conduct further proceedings in order to rectify an error that it was never given the initial opportunity to avoid. "The second reason is that requiring a party to present its issues at each adjudicative level is essential to a fair process for the other parties and participants. Generally, the opportunity to respond at the appellate level does not cure the denial of that opportunity in trial court and agency proceedings, where all of the factual and much of the legal development of cases must occur." J. Arlie Bryant, Inc. v. Columbia River Gorge Comm., 132 Or.App. 565, 568 , 889 P.2d 383 , rev. den. 321 Or. 47 , 892 P.2d 1024 (1995).”
1 later decision quote this exact passage · from the dissent“the positions of the parties are presented clearly to the initial tribunal and that parties are not taken by surprise, misled, or denied opportunities to meet an argument”
1 later decision quote this exact passage“Did the trial court have a realistic opportunity to make the right call?”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.