Gore v. Bingaman’s Empirical Analysis

Citation profile

82 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The issue sought to be raised upon this appeal, however, is no longer open for determination in this case. Although it may have been decided erroneously, the question whether the present action is legal in nature and properly appealable directly to the District Court of Appeal is one which was determined by that court upon the prior appeal. As the court said in Clary v. Hoagland, 6 Cal. 685 , 688: ‘The first point de- ' cided by any Court, although it may not be in terms, is, that the Court has jurisdiction, otherwise it would not proceed to determine the rights of the parties.’ (See, also, Scrimsher v. Reliance Rock Co., 1 Cal.App.2d 382, 393 [ 36 P.2d 688 ].) Where a question of law once determined is sought to be relitigated upon a second appeal to the same appellate court it is clearly established that the first determination is the law of the case and will not be re-examined in the absence of unusual circumstances leading to injustice or unfairness even though the issue sought to be raised involves the jurisdiction of the court on the prior appeal. [Citations.] This is so, even though it is contended that absence of jurisdiction renders the decision on the prior appeal a nullity and ineffective as a determination of any question.” (Italics added.) (See also Carpenter v. Pacific Mut. Life Ins. Co., 13 Cal.2d 306, 314 [ 89 P.2d 637 ]; Orwitz v. Board of Dental Examiners, 55 Cal.App.2d 888, 889 [ 132 P.2d 272 ].)”

   2 later decisions quote this exact passage
   e.g. Bailey v. Fosca Oil Co. · State, Department of Law Enforcement v. One 1955 Willys Jeep, V.I.N. 573481691

2. ““It is true that the law of the case doctrine is a procedural rule which is generally followed, not because the court is without power to reconsider a former determination, but because the orderly processes of judicial procedure require an end to litigation. In the absence of exceptional circumstances of hardship and injustice the need for attributing finality to considered judicial determinations compels the adherence to the previous decision. But the rule should never be made the instrument of injustice. Thus, where the controlling rules of law have been altered or clarified in the interval between the first and second appeal and adherence to the previous decision would result in defeating a just cause, it has been held that the court will not hesitate to reconsider its prior determination.””

   2 later decisions quote this exact passage
   e.g. 19 Ariz. App. 431 - State v. Maxwell · 56 Cal. App. 2d 411 - Standard Oil Co. v. Johnson

3. “Conceding the doctrine that the law of the case applies only to decisions of a court of last resort, we are nevertheless of the opinion that as to the decision on the former appeal, this court was the court of last resort. While appellant, which was respondent in the former appeal, might have applied to the Supreme Court for a transfer of the case after the rendition of the decision, it did not do so, but rested upon the decision as final.”

   1 later decision quote this exact passage
   e.g. State, Department of Law Enforcement v. One 1955 Willys Jeep, V.I.N. 573481691