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← 922 A2D 36 - Banfield v. Cortes

Banfield v. Cortes’s Empirical Analysis

2007

Citation profile

12
cited by 12 later decisions
3
states following
September 2018
most recently cited

10 state decisions

Relationships

Relies on Wm. Penn Parking Garage, Inc. v. City of Pittsburgh · Feingold v. Bell of Pennsylvania · Sprague v. Casey · City of Philadelphia v. Commonwealth · Commonwealth v. Sutley

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

  1. “Mandamus is an extraordinary remedy designed to compel official performance of a ministerial act or mandatory duty where there exists a clear legal right in the plaintiff and a corresponding duty in the defendant and where there is no other adequate remedy at law. County of Allegheny v. Commonwealth, 518 Pa. 556 , 544 A.2d 1305 (1988). Mandamus will not lie to compel the performance of discretionary acts except where the exercise or non-exercise of discretion is arbitrary, fraudulent, or based upon a mistaken view of the law. Camiel v. Thornburgh, 507 Pa. 337 , 489 A.2d 1360 (1985). “If [an official) abuses his [or her] discretion or acts under a mistaken view of the law, mandamus will lie to compel proper action.” Duncan Meter Corporation v. Gritsavage, 361 Pa. 607, 610 , 65 A.2d 402, 403 (1949). (emphasis in original)”
    1 later decision quote this exact passage
  2. “The county board of elections, as part of the computation and canvass[ 32 ] of returns, shall conduct a statistical recount of a random sample of ballots after each election using manual, mechanical or electronic devices of a type different than those used for the specific election. The sample shall include at least two (2) per centum of the votes cast or two thousand (2,000) votes whichever is lesser [footnote added].”
    1 later decision quote this exact passage
  3. “a system in which one or more voting devices are used to permit the registering or recording of votes and in which such votes are computed and tabulated by automatic tabulating equipment. The system shall provide for a permanent physical record of each vote cast.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.