Varner v. Hoffer’s Empirical Analysis

Citation profile

2 district · 2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We have adopted 3 Restatement, Torts § 662, as a correct statement of when probable cause exists. Kuhnhausen v. Stadelman, supra, 174 Or. [290] at 315, 148 P.2d 239 , 149 P.2d 168 ; Shoemaker v. Selnes, 220 Or. 573 , 349 P.2d 473 , 87 A.L.R.2d 170 (1960). Section 662, 3 Restatement, Torts, pp. 403-404, provides: "`One who initiates criminal proceedings against another has probable cause for so doing if he "`(a) reasonably believes that the person accused has acted or failed to act in a particular manner, and "`(b) "`(i) correctly believes that such acts or omissions constitute at common law or under an existing statute the offense charged against the accused, or "`(ii) mistakenly so believes in reliance on the advice of counsel under the conditions stated in § 666.'" 267 Or. at 179 , 515 P.2d at 922 .”

   1 later decision quote this exact passage
   e.g. Gustafson v. Payless Drug Stores Northwest, Inc.

2. “We have adopted 3 Restatement, Torts § 662, as a correct statement of when probable cause exists. Kuhnhausen v. Stadelman, supra, 174 Or. [290] at 315, 148 P.2d 239 , 149 P.2d 168 ; Shoemaker v. Selnes, 220 Or. 573 , 349 P.2d 473 , 87 A.L.R.2d 170 (1960). Section 662, 3 Restatement, Torts, pp. 403-404, provides:”

   1 later decision quote this exact passage
   e.g. Gustafson v. Payless Drug Stores Northwest, Inc.

3. “If the facts or inferences are in dispute the jury must decide the facts and the court must instruct the jury what facts constitute probable cause.”

   1 later decision quote this exact passage
   e.g. Gustafson v. Payless Drug Stores Northwest, Inc.