Public-domain · open source
OpenJurist
← 40 PACOMMW 95 - Kaplan v. Smith

Kaplan v. Smith’s Empirical Analysis

1979

Citation profile

5
cited by 5 later decisions
1
states following
November 1985
most recently cited

4 state decisions

Relationships

Relies on DuBree v. Commonwealth · Amalgamated Transit Union, Division 85 v. Port Authority · Engel v. Parkway Co. · Watts v. United States · Valley Forge Racing Ass'n v. State Horse Racing Commission

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

  1. “It is axiomatic that mandamus is an extraordinary writ which lies to compel the performance of a ministerial act or a mandatory duty where there is a clear legal right in the plaintiff, a corresponding duty in the defendant, and a want of any other appropriate and adequate remedy. . . . Mandamus does not lie to compel the performance of discretionary acts except where the exercise or nonexercise of discretion is arbitrary, fraudulent, or based upon a mistaken view of the law. (Citations omitted.)”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.