192 N.J. Super. 418 - State v. Duva’s Empirical Analysis
1983
Citation profile
2 district · 22 state decisions
How this case has been cited
Cited by 26 later decisions — most recently September 2017 · most notably 281 N.J. Super. 162 - Beaugard v. Johnson (1995), 260 N.J. Super. 464 - Wildwood Storage v. Mayor & Council (1992)
2 district · 22 state decisions
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 520 F. Supp. 847 - Meltzer v. Zoller · 139 N.J. Super. 226 - Harlan v. Fidelity & Casualty Co. · 33 N.J. Super. 497 - State v. Greene · 104 N.J. Super. 126 - Schmoll v. Creecy · 84 N.J. Super. 186 - Swiney v. Dept. of Treasury, Div. of Pensions
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[t]he word ,.. ‘or’ carries with it natural disjunctive import. State v. Duva, 192 N.J.Super. 418, 421 , 470 A.2d 53 (Law Div.1983). Fur‘thermore, 'the legislature is deemed to have intended what it wrote and the Court may not construe a contrary concept,’ Ibid.”
2 later decisions quote this exact passage“[T]here is a presumption that the word `shall' ... is used in an imperative and not a directory sense, and while this presumption is not a conclusive one it can only be overthrown by something in the character of the legislation or in the context which will justify a different meaning.”
1 later decision 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.