Factor - Judgment Search Results

Campbell Vs. Acuff-rose Music, Inc.

Court: US Supreme Court

..... substitute for the original since the two works usually serve different market functions the fourth factor requires courts also to consider the potential market for derivative works see e g harper ..... rendered it presumptively unfair no such evidentiary presumption is available to address either the first factor the character and purpose of the use or the fourth market harm in determining whether .....

Johnson Vs. Texas

Court: US Supreme Court

..... reversed nevertheless because the statute unconstitutionally limited consideration of the evidence as mitigating factors the court next addressed the constitutional requirement that a sentencer be allowed ..... we rejected the argument that requiring the jury to weigh aggravating and mitigating factors and then sentence petitioner accordingly violated the requirement of individualized sentencing the .....

Assistant Commissioner of Vs. Sri Shankar Saran Kothiwal (Huf)

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1994)49ITD219(Delhi)

..... same were adjusted and by taking into account time factor and other factors and on that basis the land rate was adopted ..... submitted that a willing buyer would always take all these factors into consideration before venturing to buying the said property ..... valuation officer submitted that profitability of business depends on several factors such as management he submitted that cold storage mainly depends .....

Cisneros Vs. Alpine Ridge Group

Court: US Supreme Court

..... demand payment of materially inflated rents until the secretary could publish revised automatic adjustment factors aimed at curing the overpayment is almost precisely backwards it would entitle project owners ..... in materially inflated rents that a comparability study would ensue because the automatic adjustment factors are themselves geared to reflect trends in the local or regional housing market .....

Posters 'N' Things, Ltd. Vs. United States

Court: US Supreme Court

..... determining whether an item constitutes drug paraphernalia in addition to all other logically relevant factors the following may be considered 1 instructions oral or written provided with the ..... 857 e sets forth objective criteria for assessing whether items constitute drug paraphernalia these factors minimize the possibility of arbitrary enforcement and assist in defining the sphere of prohibited .....

Txo Production Corp. Vs. Alliance Resources Corp.

Court: US Supreme Court

..... for similar torts in other jurisdictions and legislatively designated penalties for similar misconduct while these factors by no means exhaust the due process inquiry they are quite probative it is ..... otherwise astonishing verdict the jury returned at trial the jury was instructed to consider numerous factors when setting the punitive damages award including the nature of the wrongdoing the extent of .....

Johnson Vs. De Grandy

Court: US Supreme Court

..... omitted emphasis in original the court thus summarized the three now familiar gingles factors compactness numerousness minority cohesion or bloc voting and majority bloc voting as necessary ..... imagined and unsurprising when demonstrated under circumstances that include the three essential gingles factors that conclusion must still be addressed explicitly and without isolating any other arguably .....

United States Vs. Edge Broadcasting Co.

Court: US Supreme Court

..... nonmisleading advertisements about the virginia lottery a legal activity as to the second central hudson factor we are quite sure that the government has a substantial interest in supporting the policy ..... narrowly the fact that the information in the advertisement related to abortion was only one factor informing the court s determination that there were substantial first amendment interests at stake .....

M/S. Daily Foods Vs. Union of India and Others

Court: Delhi

Reported in: AIR1993Delhi278

..... milk product proposed to be restricted and e any other factor relevant for maintaining the liquid milk supply 4 the controller ..... still he entitled to impose restriction on consideration of other relevant factors 16 in karam singh sobti v sri pratap chand 1964 ..... during flush season in my view reliance on these factors by altogether ignoring factors a to d would be irrational extraneous and arbitrary .....

Hazen Paper Co. Vs. Biggins

Court: US Supreme Court

..... massachusetts alleging a violation of the adea he claimed that age had been a determinative factor in petitioners decision to fire him petitioners contested this claim asserting instead that respondent ..... problem of inaccurate and stigmatizing stereotypes disappears this is true even if the motivating factor is correlated with age as pension status typically is pension plans typically provide that .....