18 Cal. 2d 146 - Jaffe v. Stone’s Empirical Analysis
1941
Citation profile
13 federal appellate · 2 district · 241 state decisions
How this case has been cited
Cited by 288 later decisions — most recently September 2022 · most notably DeLaurentis v. City of New Haven (1991), 13 Cal. 3d 43 - Bertero v. National General Corp. (1974)
13 federal appellate · 2 district · 241 state decisions — followed in 16 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Terry Trading Corp. v. Barsky · Halberstadt v. . New York Life Ins. Co. · Burke v. Watts · Robbins v. . Robbins · Mix v. Yoakum
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 288 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]s of such a nature as to indicate the innocence of the accused, [then] it is a favorable termination sufficient to satisfy the requirement. If, however, the dismissal is on technical grounds, for procedural reasons, or for any other reason not inconsistent with his guilt, it does not constitute a favorable termination. (Emphasis added.)”
9 later decisions quote this exact passage“action as to defeat the established rights of the plaintiff by indirection; for example, by inventing new limitations on the substantive right, which are without support in principle or authority....'”
3 later decisions quote this exact passage““The explanation for these holdings lies in a curious misconception of the notion of ‘finality’. Mistaken emphasis is placed upon the idea of ‘final’ rather than ‘favorable’ termination; and the offense is confused with the proceeding. >}i >}« ij; ij; “The correct rule is set forth in the Restatement of Torts, sec. 659, Comment a, as follows: ‘In order that there may be> a sufficient termination in favor of the accused it is not necessary that the proceedings should have gone so far as to preclude further prosecution on the ground of double jeopardy. Hence, although the quashing of an indictment does not preclude the initiation of new proceedings for the same offense or for other charges growing out of the same misconduct on the part of the accused, it constitutes a termination of the original proceedings in favor of the accused unless such new proceedings have been initiated before the 'trial of the civil action. * * * ’ ” “In the same section, Comment b, it is said: ‘One against whom criminal proceedings have been instituted may be discharged by a magistrate at a preliminary hearing because the evidence produced against him is not such as to warrant his being held for further proceedings to determine his guilt or innocence. In such a case, the discharge is a final termination of the proceedings in favor of the accused, unless it appears that further proceedings growing out of the same misconduct on his part have been instituted.’ In other words, whether the proceed”
2 later decisions quote this exact passage
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.