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← 207 Ill. App. 3d 402 - Burghardt v. Remiyac

207 Ill. App. 3d 402 - Burghardt v. Remiyac’s Empirical Analysis

1991

Citation profile

55
cited by 55 later decisions
1
states following
August 2008
most recently cited

5 federal appellate · 13 state decisions

Relationships

Relies on 48 Ill. 2d 580 - Fooden v. Board of Governors · 82 Ill. 2d 40 - Joiner v. Benton Community Bank · Lyons v. Bute · 133 Ill. App. 3d 712 - Rich v. Baldwin · 158 Ill. App. 3d 497 - MacK v. First Security Bank of Chicago

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

  1. “(1) the commencement or continuance of a criminal or civil judicial proceeding by the defendant; (2) a termination of that proceeding in favor of the plaintiff; (3) the absence of probable cause for the proceeding; (4) the presence of malice; and (5) damages to the plaintiff resulting from the commencement or continuance of that proceeding.”
    2 later decisions quote this exact passage · from the majority
  2. “a state of facts that would lead a [person] of ordinary caution and prudence to believe, or to entertain an honest and strong suspicion, that the person arrested committed the offense charged.” (Burghardt v. Remiyac (1991), 207 Ill. App. 3d 402, 405 , 565 N.E.2d 1049, 1052 .) In a civil malicious prosecution case, probable cause was similarly defined as”
    1 later decision quote this exact passage · from the majority
  3. “The existence of probable cause is a complete defense to a malicious prosecution cause of action. An arrest under a judicially issued arrest warrant cannot give rise to a false imprisonment claim.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.