Predicate - Judgment Search Results

Wygant Vs. Jackson Bd. of Educ.

Court: US Supreme Court

..... groups with an indisputable statement that there has been societal discrimination and upheld state action predicated upon racial classifications no one doubts that there has been serious racial discrimination in ..... suggest that the plurality has too quickly assumed the absence of a legitimate factual predicate even under the plurality s own view for affirmative action in the jackson schools .....

Firefighters Vs. City of Cleveland

Court: US Supreme Court

..... disfavoring members of that race the court s opinion pays scant attention to this necessary predicate for race conscious practices whether judicially imposed or voluntarily adopted favoring one race over another ..... attempt to overcome these racial barriers the case did not hold that without such a predicate an employer alone or in agreement with the union may adopt race conscious hiring practices .....

Rose Vs. Clark

Court: US Supreme Court

..... state since when a jury is instructed to presume malice from predicate facts it still must find the existence of those facts ..... footnote 8 when a jury is instructed to presume malice from predicate facts it still must find the existence of those facts beyond ..... presumed element from the case once the state has proved the predicate fact and mandatory rebuttable presumptions which require the jury to find .....

Kuhlmann Vs. Wilson

Court: US Supreme Court

..... need not entertain subsequent applications from state prisoners unless the application alleges and is predicated on a factual or other ground not adjudicated on the prior application and unless ..... containing allegations identical to those asserted in a previous application that has been denied or predicated upon grounds obviously well known to them when they filed the preceding application senate .....

Atandt; Technologies, Inc. Vs. Cwa

Court: US Supreme Court

..... bargaining agreement and to determine whether the parties intended to arbitrate grievances concerning layoffs predicated on a lack of work determination by petitioner if the court should determine that ..... standard arbitration clause and there was no clear unambiguous exclusion from arbitration of terminations predicated by a lack of work determination id at 206 207 moreover although there were .....

Pembauer Vs. City of Cincinnati

Court: US Supreme Court

..... individual officers were not acting pursuant to the kind of official policy that is the predicate for municipal liability under monell with respect to hamilton county the court explained that even ..... by municipal policymakers cannot establish the kind of official policy required by monell as a predicate to municipal liability under 1983 footnote 6 the court of appeals reached this conclusion without .....

Cabana Vs. Bullock

Court: US Supreme Court

..... not to face the death penalty absent a particular factual predicate it also implies that the state s judicial process leading ..... at some point provide for a finding of that factual predicate accordingly bullock is entitled to a determination of the issue ..... joint opinion put simply enmund establishes a constitutionally required factual predicate for the valid imposition of the death penalty cf ante .....

Munro Vs. Socialist Workers

Court: US Supreme Court

..... to prove actual voter confusion ballot overcrowding or the presence of frivolous candidates as a predicate to imposing reasonable ballot access restrictions in any event the record in this case ..... to prove actual voter confusion ballot overcrowding or the presence of frivolous candidacies as a predicate to the imposition of reasonable ballot access restrictions would invariably lead to endless court .....

Toco Engg. Co. Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Hyderabad

Reported in: (1986)18ITD267(Hyd.)

..... is ended it is impossible on any date earlier for anyone to predicate whether there would be such a change or not he then ..... the entire accounting period had elapsed it is impossible for anyone to predicate that there will be no change in the constitution of the firm ..... of the accounting year it would therefore not at all possible to predicate whether there would be any change in the constitution of the .....

Commissioner of Income-tax Vs. H.H. Maharaja Sahib Shri Lokendra Singh ...

Court: Madhya Pradesh

Reported in: (1986)51CTR(MP)146; [1986]162ITR93(MP)

..... be no account in value of the factors producing it it is also impossible to predicate the moment of its birth the benefit to the business varies with the nature of ..... premises in the year 1947 48 there was no premium it was not possible to predicate as to the exact moment of its birth and the rate or period of its .....