Carson v. Saito’s Empirical Analysis

Citation profile

8 district · 12 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The function served by jury instructions is to inform the jury of the law applicable to the current case. The boundaries of the trial judge’s discretion in performing this function are defined by the obligation to give sufficient instructions and the opposing imperative against cumulative instructions. However, if any policy is to be preferred, it is that of allowing adequate and thorough instructions to be given, if they can be given without undue prejudice or confusion. The trial judge does not exceed the limits of his discretion by reason of his refusal of a requested instruction which is substantially covered by other instructions, even when the refused instruction is a correct statement of the law.”

   1 later decision quote this exact passage · from the majority
   e.g. Tabieros v. Clark Equipment Co.

2. “It is a fundamental principle of law that there must be mutual assent or a meeting of the minds on all essential elements or terms in order to form a binding contract.”

   1 later decision quote this exact passage · from the majority
   e.g. In re: The Charles L. Lake, Jr. and Theresa Phyllis Lake Revocable Trust, Dated November 30, 1987, as Amended).