Topic: considers the matter anew and freely substitutes its own ju… · Go Syfert
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Topic #6215

6 canonical passages across 5 cases, quoted by 56 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Williams.

#Case FlagCanonical passage Citers
1 State v. Williams Anchor
nc · 2008
green “considers the matter anew and freely substitutes its own judgment' for that of the lower tribunal.” 24
2 Spector United Employees Credit Union v. Smith
ncctapp · 1980
green “if different material conclusions can be drawn from the evidence.” 11
3 Moore v. Crumpton
nc · 1982
green “even where there is no dispute as to the essential facts, where reasonable people could differ with respect to whether a party acted with reasonable care, it ordinarily remains the province of the jury to apply the reasonable person standard.” 8
4 Kessing v. National Mortgage Corporation
nc · 1971
green “since this rule provides a somewhat drastic remedy, it must be used with due regard to its purposes and a cautious observance of its requirements in order that no person shall be deprived of a trial on a genuine disputed factual issue.” 7
5 Dendy v. Watkins
nc · 1975
green “unless it is perfectly clear that no issue of fact is involved and inquiry into the facts is not desirable to clarify the application of the law.” 3
6 Moore v. Crumpton
nc · 1982
green “it ordinarily remains the province of the jury to apply the reasonable person standard.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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