Nielson v. Talbot’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The party asserting the abuse of discretion carries the burden of demonstrating that an abuse of discretion occurred, and a failure to do so is fatal to its argument.”

   2 later decisions quote this exact passage
   e.g. Idaho Dep't of Health & Welfare v. Jane Doe (In re Doe I) · Turcott v. Estate of Bates

2. “whether the trial court: (1) correctly perceived the issue as one of discretion; (2) acted within the outer boundaries of its discretion; (3) acted consistently with the legal standards applicable to the specific choices available to it; and (4) reached its decision by the exercise of reason.”

   1 later decision quote this exact passage
   e.g. Idaho Dep't of Health & Welfare v. Jane Doe (In re Doe I)

3. “Failing to demonstrate that an abuse of discretion occurred under any part of the test applied by this Court.... is fatal to [an] argument that the court abused its discretion.”

   1 later decision quote this exact passage
   e.g. Idaho Dep't of Health & Welfare v. Jane Doe (In re Doe I)