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← 188 Cal. 118 - Burke v. Watts

Burke v. Watts’s Empirical Analysis

1922

Citation profile

65
cited by 65 later decisions
3
states following
December 1974
most recently cited

2 federal appellate · 61 state decisions

How this case has been cited

Cited by 65 later decisions — most recently December 1974 · most notably 13 Cal. 3d 43 - Bertero v. National General Corp. (1974), 18 Cal. 2d 146 - Jaffe v. Stone (1941)

2 federal appellate · 61 state decisions

170192219301940195019601970decided

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 People v. Devine · Dawson v. Schloss · Runo v. Williams · Potter v. Seale · Harkrader v. Moore

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

  1. ““Malice in fact is really the foundation of the action and is usually the pivotal point upon which the action turns. It is always a fact directly in issue. Its existence may be inferred by the jury from want of probable cause for the prosecution, or from acts or declarations of the defendant expressing or indicating prejudice, ill will, or malicious motive in the matter of the prosecution. The want of probable cause does not raise a legal presumption of malice; the law presumes nothing on that issue any more than it does on any other issue of fact in a civil action. The jury may, however, if they find that there was no probable cause for the prosecution, infer malice therefrom, although malice is not a necessary inference to be deduced therefrom.””
    1 later decision quote this exact passage
    e.g. Graham v. Griffin

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.