Niska v. Falconer’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under N.D.R.Civ.P. 52(a), a district court trying an action upon the facts without a jury ‘must find the facts specially.’ A district court’s findings of fact must be sufficient to enable an appellate court to understand the factual determinations made by the district court and the basis for its conclusions of law. ‘A district court’s “findings of fact ... should be stated with sufficient specificity to assist the appellate court’s review and to afford a clear understanding” ’ of the court’s decision. A district court’s findings are adequate if this Court can discern from them the factual basis for the district court’s decision.””

   1 later decision quote this exact passage
   e.g. Datz v. Dosch

2. ““A finding of fact is clearly erroneous if •it is induced by an erroneous view of the law, if no evidence exists to support the finding, or if, on the entire record, we are left with a definite and firm conviction the trial court made a mistake. A trial court’s choice between two permissible views of the weight of the evidence is not clearly erroneous, and' simply because we may have viewed the evidence differently does not entitle us to reverse the trial court. On appeal, we do not reweigh conflicts in the evidence, and we give due. regard to the trial court’s opportunity to judge the credibility of the witnesses:””

   1 later decision quote this exact passage
   e.g. Titan Machinery, Inc. v. Patterson Enterprises, Inc.