32 N.J. Super. 95 - Testut v. Testut’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The requirement that the trial judge file findings of fact and conclusions of law is not merely for the convenience of the upper court on appeal. While it does serve that end, it has the far more important purpose of evoking care on his part in ascertaining the facts and the applicable law. United States v. Forness [2 Cir. ], supra, 125 F. 2 d [928], at page 942, where Judge Frank said: `For, as every judge knows, to set down in precise words the facts as he finds them is the best way to avoid carelessness in the discharge of that duty: Often a strong impression that, on the basis of the evidence, the facts are thus-and-so gives way when it comes to expressing that impression on paper. The trial court is the most important agency of the judicial branch of the government precisely because on it rests the responsibility of ascertaining the facts. When a federal trial judge sits without a jury, that responsibility is his. And it is not a light responsibility since, unless his findings are "clearly erroneous,”

   1 later decision quote this exact passage · from the majority
   e.g. 60 N.J. Super. 519 - Franzoni v. Franzoni

2. “The duty of the judge to find the facts specially and state separately his conclusions of law thereon, or to file an opinion or memorandum stating the facts and the court's opinion on the law, should logically precede the entry of the appropriate judgment. The judgment represents the ultimate discharge of the judicial function and must necessarily reflect the judge's findings and conclusions — the end product of his mental processes. See 53 Am. Jur., Trial, § 1136, p. 792; 64 C.J., Trial, § 1075, p. 1231. Orderly judicial procedure requires that the judgment come last, and this is so not only for the reasons stated but must follow from a fair reading of our rules of court. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. 60 N.J. Super. 519 - Franzoni v. Franzoni

3. “no upper court may disturb them. To ascertain the facts is not a mechanical act. It is a difficult art, not a science. It involves skill and judgment. As fact-finding is a human undertaking, it can, of course, never be perfect and infallible. For that very reason every effort should be made to render it as adequate as it humanly can be.'”

   1 later decision quote this exact passage · from the majority
   e.g. 60 N.J. Super. 519 - Franzoni v. Franzoni