Marion v. Marcus’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When an appellant challenges the exclusion of evidence, the appellant is limited to the reason he gave at the time he made the offer of evidence. It is the obligation of a party to bring to the attention of the trial court its position as to relevancy of evidence offered.... It cannot advance a theory of admissibility on appeal different from that advanced at trial. Rule 84.18(a) says, “[Allegations of error not presented to or expressly decided by the trial court shall not be considered in any civil appeal from a jury trial case.””

   1 later decision quote this exact passage
   e.g. Ziolkowski v. Heartland Regional Medical Center

2. “For disjunctive verdict directing instructions to be appropriate, each disjunctive alternative instruction proffered by a party must be supported by substantial evidence. Substantial evidence is that which, if true, has probative force upon the issues, and from which the trier of facts can reasonably decide a case. There must, be substantial evidence^] and a mere scintilla of evidence[] or speculative deductions and. conclusions will not suffice.”

   1 later decision quote this exact passage · from the dissent
   e.g. AMANDA WAMPLER and GENE WAMPLER v. WESLEY SPEAKE, Defendant-Respondent.

3. “[a]ll instructions ... shall be given or refused by the court according to the law and the evidence in the case”

   1 later decision quote this exact passage
   e.g. Med. Plaza One, LLC v. Davis