Brown v. Smarrelli’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he use of the word shall though significant, does not invariably create a mandatory duty. . . . [Courts] determine whether a statute is mandatory or directory by testing whether the prescribed mode of action is the essence of the thing to be accomplished, or in other words, whether it relates to a matter of substance or a matter of convenience. . . . If it is a matter of substance, the statutory provision is mandatory. . . . If, however, the legislative provision is designed to secure order, system and dispatch in the proceedings, it is generally held to be directory, especially where the requirement is stated in affirmative terms unaccompanied by negative words.”

   3 later decisions quote this exact passage
   e.g. 1999 Conn. Super. Ct. 15318 - Gupta v. Zoning Bd., City, Stamford, No. Cv 97 0160078 S (Nov. 16, 1999) · 1995 Conn. Super. Ct. 2397 - Bank of South Windsor v. Administrator, No. Cv940542975s (Mar. 6, 1995)

2. “It is axiomatic that the [trial] judge must have wide discretion and control of the proceedings before the court and the granting or denial of a continuance will be set aside only if a clear abuse of the trial CT Page 3311 court's discretion is shown.”

   1 later decision quote this exact passage
   e.g. Shenfeld v. Vildaver, No. 398248 (Mar. 31, 1998)

3. “connotes a mandatory duty as contrasted with”

   1 later decision quote this exact passage
   e.g. 1994 Conn. Super. Ct. 5712 - Howard v. City of Norwich, No. Cv92-0101425-S (May 12, 1994)