State v. Genson’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'A court abuses its discretion when its action is (1) arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the court; (2) based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based. The party arguing an abuse of discretion bears the burden of establishing that abuse.'”

   1 later decision quote this exact passage · from the dissent
   e.g. In re A.S.

2. “To decide whether targeted legislation has crossed the line triggering a higher level of scrutiny, a court decides whether it implicates a fundamental right or liberty that is '”

   1 later decision quote this exact passage · from the dissent
   e.g. Hodes & Nauser, MDs v. Stanek

3. “neither liberty nor justice would exist if they were sacrificed.”

   1 later decision quote this exact passage · from the dissent
   e.g. Hodes & Nauser, MDs v. Stanek