Rummel v. Rummel’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . in the absence of unusual circumstances, new counsel on appeal is limited to the same issues that prior counsel would have been able to raise. Merely becoming a successor to prior counsel does not give him the right to raise issues on appeal which prior counsel could not have raised. The issues and the positions of the respective parties remain the same. “ ‘It is not our function to seek out error, which the trial court was not given an opportunity to rectify, or to remake the record for review, or to allow second guesses on trial strategy.’ Waletzko v. Herdegen, 226 N.W.2d 648, 653 (N.D.1975); Welken v. Conley, 252 N.W.2d 311, 317 (N.D.1976). Neither, on appeal, should we allow the introduction of new issues not presented to the trial court.””

   1 later decision quote this exact passage
   e.g. Bettger v. Bettger

2. ““In determining a divorce action on irreconcilable differences the court need only find that irreconcilable differences exist and is not required to go into the conduct or, as it is sometimes referred to, the fault of the parties.” Rummel v. Rummel, supra at 234.”

   1 later decision quote this exact passage
   e.g. Midboe v. Midboe

3. ““If an opinion or memorandum of decision is filed, it'will be sufficient if the findings of fact and conclusions of law appear therein.””

   1 later decision quote this exact passage
   e.g. Fitzgerald v. Balkowitsch