159 Or. App. 383 - Barnes v. Thompson’s Empirical Analysis

Citation profile

6 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Determining mootness is one part of the broader question of whether a justiciable controversy exists. A justiciable controversy must exist, for appellate courts may not `decide abstract, hypothetical or contingent questions.' "A preliminary question related to whether a justiciable controversy exists is whether the interests of the parties to the action are adverse. * * * "A second requirement for a justiciable controversy is that the court's decision * * * will have some practical effect on the rights of the parties to the controversy. "Cases that are otherwise justiciable, but in which a court's decision no longer will have a practical effect on or concerning the rights of the parties, will be dismissed as moot."”

   2 later decisions quote this exact passage
   e.g. 176 Or. App. 524 - Utsey v. Coos County · 293 Or. App. 314 - State v. Stroud

2. “Even if the main issue in a controversy has been resolved, collateral consequences may prevent the controversy from being moot under some circumstances.”

   2 later decisions quote this exact passage
   e.g. 180 Or. App. 279 - State Ex Rel. Juvenile Department v. Garcia · 293 Or. App. 314 - State v. Stroud

3. “that the state would seek to recoup the costs of the petitioner's care did not prevent the case from becoming moot on his release. Id. at 407 , 848 P.2d 1194 . In Barnes, we explained the rationale underlying Brumnett's holding. See 159 Or. App. at 387 , 977 P.2d 431 . We observed that”

   1 later decision quote this exact passage
   e.g. 180 Or. App. 279 - State Ex Rel. Juvenile Department v. Garcia