Guon v. Johnson’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. ““The distinctions between an appeal-under the Administrative Agencies Uniform Practice Act and an appeal from a justice court for a new trial in the district court are obvious. On an appeal under the Administrative Agencies Uniform Practice Act the review in the district court is restricted to the record that was made in and certified by the administrative agency. On an appeal for a new trial under the statute rela-ting to appeals from a justice court the district court is charged with the duty and has the power to try the action precisely as though no former trial had been had. In other words on an appeal to the district court under the provisions of the Administrative Agencies Uniform Practice Act the district court reviews the action and decisions of the administrative agency upon the record made by that agency; * * *. If. such appeals were subject to the provisions of the Administrative Agencies Uniform Practice Act the transcript of the’ proceedings had below including-the-evidence would be part of the record certified to the district court on appeal and the review in the .district court would be confined to such record. The transcript of such evidence would not constitute something that might be of- . fered in evidence, it would constitute the very record to be reviewed.””

   1 later decision quote this exact passage
   e.g. State v. Jorda

2. ““Such appeal shall be heard and determined by the court, without a jury, at any time fixed by the court. A certified transcript of the evidence adduced at the hearing provided for in section 8 of chapter 50 of the Session Laws of North Dakota for the year 1945 may be introduced in evidence and shall be considered by the court.””

   1 later decision quote this exact passage
   e.g. State v. Jorda

3. ““The court shall try and hear an appeal from the determination of an administrative agency without a jury and the evidence considered by the court shall be confined to the record filed with the court. * * *””

   1 later decision quote this exact passage
   e.g. State v. Jorda