Caplan v. Caplan’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Nor is the argument that the evidence was of a ‘self-serving’ character available. In all trials, evidence of conduct of a party which is in his favor on the issues is admitted without question, and the fact that it ‘self-serves’ him is no reason for its exclusion. Otherwise trials would obviously be greatly limited, and evidence of rightful conduct to meet the charge of conduct that was wrongful would be excluded. While evidence of one’s conduct and statements is to be excluded in many situations, it is by reason of some other rule than one which bars evidence, because it is of a self-serving character. That it is of such character may be an argument in support of the validity and soundness of the rule, but it is not the rule itself. While in many cases it is pronounced that there is a general rule ‘which precludes a party from supporting his cause by giving evidence of his own sayings’ (Barker v. Barker, 16 N. H. 333, 339), as a rule it is merely a part of, and embraced within, the hearsay rule.””

   1 later decision quote this exact passage
   e.g. Worth v. Worth

2. ““The evidence was also admissible as showing the state of mind and feeling of the defendants towards the plaintiff. Their attitude towards her might be shown by their declarations in the same way as hers towards them and David might be shown by her declarations.””

   1 later decision quote this exact passage
   e.g. Worth v. Worth