2015 Ark. App. 6 - McKenzie v. Moore’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Latin phrase, “in loco parentis,” literally translated, means “in the place of a parent.’ ” This court has defined in loco parentis as “in place of a parent; instead of a parent; charged factitiously with a parent’s rights, duties, and responsibilities.” A person who stands in loco parentis to a child puts himself or herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to a legal adoption. This relationship involves more than a duty to aid and assist, and more than a feeling of kindness, affection, or generosity. ... In loco parentis refers to a person who has fully put himself in the situation of a lawful parent by assuming all the obligations incident to the parental relationship and who actually discharges those obligations. ... In making a determination as to whether a nonparent stands in loco parentis, courts consider the totality of the circumstances and do not lightly infer the intent of the person seeking to be considered as standing in loco parentis. While the length of time a person spends with a child is not determinative, it is a significant factor in considering whether that person intended to assume parental obligations or-has performed parental duties.”

   1 later decision quote this exact passage
   e.g. McCrillis v. Hicks