Smith v. Smith’s Empirical Analysis

Citation profile

1 district · 43 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Ilt is essential the trial court set forth in its findings of fact not only that it finds one parent to be the better person to care for the child, but also the basic facts which show why that ultimate conclusion is justified.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Hansen v. Hansen · Jensen v. Jensen

2. ““‘[t]he importance of complete, accurate and consistent findings of fact in a case tried by a judge is essential to the resolution of dispute under the proper rule of law. To that end the findings should be sufficiently detañed and include enough subsidiary facts to disclose the steps by which the ultimate conclusion on each factual issue was reached.’””

   4 later decisions quote this exact passage · from the concurrence
   e.g. State v. Vigil · Gardner v. Gardner

3. “[I]f our review of custody determinations is to be anything more than a superficial exercise of judicial power, the record on review must contain written findings of fact and conclusions of law by the trial judge which specifically set forth the rea sons, based on those numerous factors which must be weighed in determining “the best interests of the child,” and which support the custody decision.... [T]he factors relied on by the trial judge in awarding custody must be articulable and articulated in the judge’s written findings and conclusions.”

   3 later decisions quote this exact passage
   e.g. Roberts v. Roberts · Ebbert v. Ebbert