168 N.C. App. 671 - Becker v. Pierce’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here 'it is unlikely there would have been a criminal prosecution of [a] plaintiff' except for the efforts of a defendant, this Court has held a genuine issue of fact existed and the jury should consider the facts comprising the first element of malicious prosecution.”

   2 later decisions quote this exact passage
   e.g. 251 N.C. App. 161 - Lopp v. Anderson · 188 N.C. App. 782 - Kirschbaum v. McLaurin Parking Co.

2. “'Malice' in a malicious prosecution claim may be shown by offering evidence that defendant 'was motivated by personal spite and a desire for revenge' or that defendant acted with 'reckless and wanton disregard' for plaintiffs' rights.”

   2 later decisions quote this exact passage
   e.g. 251 N.C. App. 161 - Lopp v. Anderson · 188 N.C. App. 782 - Kirschbaum v. McLaurin Parking Co.

3. “Our Supreme Court has defined probable cause with respect to malicious prosecution as: "the existence of such facts and circumstances, known to [the defendant] at the time, as would induce a reasonable man to commence a prosecution." Whether probable cause exists is a mixed question of law and fact, but where the facts are admitted or established, the existence of probable cause is a question of law for the court. The test for determining probable cause is " 'whether a man of ordinary prudence and intelligence under the circumstances would have known that the charge had no reasonable foundation.' "”

   1 later decision quote this exact passage · from the majority
   e.g. 251 N.C. App. 161 - Lopp v. Anderson