Harger v. Harger’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “income equal to one hundred percent of the obligor's greatest average monthly earnings, in any twelve consecutive months beginning on or after thirty-six months before commencement of the proceeding.”

   2 later decisions quote this exact passage
   e.g. Tej v. Ts · T.E.J. v. T.S. ex rel. T.S.

2. “A remedial sanction is one which “includes a sanction that is conditioned upon performance or nonperformance of an act required by court order.” N.D.C.C. § 27-10-01.1(4). Remedial sanctions can be payment of money, forfeitures, or imprisonment. N.D.C.C. § 27-10-01.4(1). A prison sentence is remedial only if it is conditional and the “contemnors carry ‘ “the keys of their prison in their own pockets.... ” ’ ” Punitive sanctions, however, are unconditional. Thus, a punitive sanction is “a sanction of imprisonment if the sentence is for a definite period of time ...” or a sentence which “is not conditioned upon performance or nonperformance of an act....” N.D.C.C. § 27-10-01.1(3). The most important factor which makes a sanction punitive is its unconditional nature; if the contemnor cannot purge the contempt by performance, the charge is punitive.”

   1 later decision quote this exact passage
   e.g. Peters-Riemers v. Riemers

3. “sanction requiring payment of a sum of money is remedial if the sanction is imposed to compensate a party or complainant, other than the court, for loss or injury suffered as a result of the contempt.”

   1 later decision quote this exact passage
   e.g. Holkesvig v. Welte