Aliff v. Cody’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to impeach a witness with a prior inconsistent statement, it is axiomatic that a proper foundation must be laid. The witness must be given a chance to refresh his recollection of the prior statement and to admit, deny, or explain it. To lay the requisite foundation, it is necessary to ask the witness whether he made the statement. It is essential to quote the prior statement and to point out the precise circumstances under which it was made.”

   1 later decision quote this exact passage
   e.g. Nichols v. Preferred Risk Group

2. “Admission of rebuttal evidence is a matter largely within the discretion of the trial court. A party cannot, as a matter of right, offer in rebuttal evidence which was proper or should have been introduced in chief, even though it tends to contradict the adverse party’s evidence and, while the court may in its discretion admit such evidence, it may and generally should decline to admit the evidence.”

   1 later decision quote this exact passage
   e.g. Khoury v. ConAgra Foods, Inc.

3. “A party may introduce evidence to rebut that of his or her adversary, and for this purpose any competent evidence to explain, repel, counteract, or disprove the adversary's proof is admissible.”

   1 later decision quote this exact passage
   e.g. Schieffer v. Decleene