Gortmaker v. Seaton’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is fundamental to appellate jurisprudence that courts do not sit `to decide abstract, hypothetical, or contingent questions * * * or to decide any constitutional question in advance of the necessity for its decision * * *.'" Gortmaker v. Seaton, supra, 252 Or. at 442 , 450 P.2d at 548 , quoting Federation of Labor v. McAdory, 325 U.S. 450, 461 , 65 S.Ct. 1384 , 89 L.Ed. 1725 (1945).”

   3 later decisions quote this exact passage
   e.g. 43 Or. App. 999 - Pacific Northwest Bell Telephone Co. v. Davis · State v. Matthew R. Steffes

2. “In order to have standing to maintain declaratory proceedings, one must allege a substantial interest in the matter in controversy.”

   2 later decisions quote this exact passage
   e.g. 176 Or. App. 524 - Utsey v. Coos County · Foote v. State

3. “"The construction of the statutes involved in this litigation can be accomplished, if necessary, in an adversary proceeding any time a defendant demurs to an indictment on the grounds that the indictment does not charge a crime. If a defendant should assert that the rules under which he is being prosecuted were not properly promulgated, the trial court can decide the question and either party can appeal. ORS 138.020. When a simple and convenient means is at hand for testing a law, a declaratory suit between friendly parties will not lie. [Citations omitted.]" 252 Or. at 444 , 450 P.2d 547 .”

   1 later decision quote this exact passage
   e.g. 50 Or. App. 617 - Gaffey v. Babb