Rosenfield v. Vosper’s Empirical Analysis

Citation profile

3 federal appellate · 54 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A trial judge should not prejudge the issues but should keep an open mind until all of the evidence is presented to him. When issues of fact are submitted to a jury for determination it is made the duty of the judge to admonish the jurors at each separation that 'it is their duty not to form or express an opinion thereon until the case is finally submitted to them.' (Code Civ. Proc., sec. 611.) In the case under review the trial judge took the place of the jury as a trier of the issues of fact. ... These matters constituted issues of fact and the trial judge, like the jurors in a jury trial, had the duty to refrain from forming an opinion on such issues until the case was finally submitted to him.”

   2 later decisions quote this exact passage
   e.g. Shippey v. Shippey · 233 Cal. App. 2d 575 - Hansen v. Hansen

2. ““The trial of a ease should not only be fair in fact, but it should also appear to be fair. And where the contrary appears, it shocks the judicial instinct to allow the judgment to stand. ’ ’”

   2 later decisions quote this exact passage
   e.g. 233 Cal. App. 2d 575 - Hansen v. Hansen · 132 Cal. App. 2d 120 - McVey v. McVey