Burks v. Walker’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 76 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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The judicial power of this state shall be vested in the Senate, sitting as a court of impeachment, a Supreme Court, districi courts, county courts, courts of justices of the peace, municipal courts, and such other courts, commissions or boards inferior to the Supreme Court as may be established by law.””

   5 later decisions quote this exact passage
   e.g. Ex Parte Meek · Chickasha Cotton Oil Co. v. Lamb & Tyner

2. ““In order for a law to be general in its nature and to have a uniform operation, it is not necessary that it shall operate upon every person and every locality in the state. A law may be general and have a local application or apply to a designated class, if it operates equally upon all the subjects within the class for which it was adopted. iTo' determine whether or not a statute is general ■ or special, courts will look to the statute to ascertain whether it will operate uniformly upon all the persons and parts of the state that are brought within the relation and circum stances provided by it. People ex rel. v. Hoffman, 116 Ill. 587 [ 5 N. E. 596 , 8 N. E. 788 , 56 Am. Rep. 793 ]; Nichols v. Walter et al., 37 Minn. 264 [ 33 N. W. 800 ], And the operation is uniform if it affects alike all persons in like situation. But where a statute operates upon a class, the classification must not be capricious or arbitrary, and must be reasonable and pertain to some peculiarity in the subject-matter calling for the legislation. As between the persons and places included within the operation of the law and those omitted, there must be some distinctive characteristics upon which a different treatment may be reasonably founded and that furnish a practical and real basis for discrimination. Nichols v. Walter, supra.””

   2 later decisions quote this exact passage
   e.g. Jacobs Ranch, L.L.C. v. Smith · Hatfield v. Garnett

3. ““A careful reading of the various provisions of the Constitution by which jurisdiction is conferred upon all the courts, except the Supreme Court, will readily disclose that it was the policy of the framers of the Constitution in a great measure to leave the question of jurisdiction of the various courts of the state subject to legislative disposition and control. And when the condition of the courts and their dockets at the time of the framing of the Constitution is recalled, it can be readily understood why the framers of the Constitution did not undertake to fix by hard and fast rule the jurisdiction of the inferior courts of the state. * * *””

   2 later decisions quote this exact passage
   e.g. 30 Okla. Crim. 362 - Buchanan v. State · Ex Parte Anderson