Sailer v. Sailer’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Notwithstanding the other provisions of this chapter, if a court finds that the enforcement of a premarital agreement would be clearly unconscionable, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provisions, or limit the application of an unconscionable provision to avoid an unconscionable result.”

   2 later decisions quote this exact passage
   e.g. Tschider v. Tschider · Sailer v. Sailer

2. “If the court finds that domestic violence as defined in section 14.-07.1-01 has oc curred, the court shall consider such domestic violence in determining whether joint decisionmaking responsibility is in the best interests of the child. In such cases,, the court shall make orders for the allocation of parental rights and responsibilities that best protect the child, the parent, or both. If joint deci-sionmaking responsibility is granted, even though there is evidence of domestic violence, the court shall provide written findings to support the order.”

   1 later decision quote this exact passage
   e.g. Horsted v. Horsted

3. ““The parties agree that whether the marriage is terminated by death or legal proceedings, they will make no claim except as otherwise specifically provided in this agreement, on any part of the property of the other and waive all rights of power [sic], curtesy, community property, homestead, inheritance, succession, surviving spouse or family allowance, exempt property, claims for support, alimony, attorney’s fees and costs of property settlement.””

   1 later decision quote this exact passage
   e.g. Sailer v. Sailer