Collins v. McElveen’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. “In a civil suit, the plaintiff bears the burden of proving every element of his case. One who asserts a fact in a civil action must carry the burden of proving that fact by a preponderance of the evidence. Proof by a preponderance of the evidence exists when the evidence, taken as a whole, shows that a fact sought to be proved is more probable than not. "If the party bearing the burden of proof fails to satisfy his burden by the requisite preponderance, his case fails to outweigh his adversary and he necessarily loses." An appellate court will not set aside a trial court's finding of fact unless it is clearly wrong or manifestly erroneous.”

   1 later decision quote this exact passage
   e.g. Simon v. MACRO, INC.

2. “If the party bearing the burden of proof fails to satisfy his burden by the requisite preponderance, his case fails to outweigh his adversary and he necessarily loses.”

   1 later decision quote this exact passage
   e.g. Simon v. MACRO, INC.