Sentences with phrase «courts use factors»

In equitable distribution states, courts use factors established by state laws to make distributions of marital property.

The students must determine that, under California law, the court uses a factors test to decide whether the travel should be allowed.110 Several factors implicate international and foreign law.

Not exact matches

Part of what makes fair use cases so difficult is that there are multiple factors a court has to consider: One is the nature of the work (i.e., whether it is a commercial work), the second is the purpose of the use — specifically, whether it is «transformative» — the third is the amount of the original work used, and the fourth is the effect of the use on the market for the original product.

There are a number of factors that courts use to distinguish employees from independent contractors.

Family courts in Georgia use the following factors to determine the best interests of the child:

A North Carolina family court uses several factors to determine child custody.

In the state of Tennessee, family courts use several factors to determine child custody cases.

The court uses the following factors to determine a child's best interests:

A case last year ended with the court ruling that race can be one among many factors universities use in making admission decisions, CNN said.

Fortunately, the Supreme Court did not eliminate the use of race as a factor in the University of Michigan Law School admissions process (see the full text of the court's decision hCourt did not eliminate the use of race as a factor in the University of Michigan Law School admissions process (see the full text of the court's decision hcourt's decision here).

Although the courts said race could be used as a factor in college admissions, many schools are hesitant to employ assertive affirmative action policies.

In 2013, in a 7 - 1 vote (Justice Elena Kagan recused herself), the Supreme Court sent the case back to the lower courts, saying they had failed to adequately determine that UT's use of race as a factor in its admissions was necessary and that the policy was «narrowly tailored.»

In June 2012, L.A. superior court judge Terry Green ruled that the district should factor in rooms not being used for regular classes.

In Hopwood, the appellate court held that schools could no longer use race or ethnicity as factors in admissions in Texas, Mississippi, and Louisiana.

A quarter - century after outlawing strict racial quotas in higher education, the U.S. Supreme Court heard powerful arguments last week on whether race can still be one factor among many that colleges use to achieve diversity in admissions.

The 2002 U.S. Supreme Court decision outlawing the use of racial quotas at the University of Michigan — but approving the use of race as one of many factors in admissions decisions — has had little impact on magnet schools, mainly because most had already abandoned the use of quotas.

In a federal lawsuit filed Nov. 19, the three Brooklyn residents argue that their children's exclusion from the 15 - month course is illegal because of the June decision by the U.S. Supreme Court prohibiting districts from using students» race as a key factor in assigning students to schools.

A federal appellate court has struck down a system for assigning students to public high schools in Seattle that uses race and ethnicity as a factor.

Such a holding would, in effect, suspend a four - decades - old state law and there is little doubt that litigation would follow — even as the U.S. Supreme Court is once again weighing whether race can be used as a factor in university admissions.

Fair use relies on factors that can only be determined on a case - by - case basis, usually in a court of law.

Discussion will include the legal standards and relevant factors used by Courts; the practical role of other state agencies and access to outside funding sources.

«It's surprising that the court, which used its bully pulpit when it came to criticizing teacher protections, did not spend one second discussing funding inequities, school segregation, high poverty or any other out - of - school or in - school factors that are proven to affect student achievement and our children.

One case before the Court is from Seattle, which has a policy of open choice for high - school attendance and uses race, along with other factors, as a tiebreaker when demand exceeds the number of spaces available.

The Supreme Court has ruled that the educational benefits that flow from having a diverse student body can justify using race as one factor among many in a «holistic» evaluation, while rejecting blunt racial quotas or race - based point systems.

The Supreme Court has agreed to reconsider whether colleges may continue to use race as a factor in college admissions — opening the door to possibly eliminating affirmative action in higher education.

Part of the reason for this shift is a recent U.S. Supreme Court opinion that suggested it may not be constitutionally sound for schools and districts to integrate solely based on students» race or ethnicity.15 Responding to this opinion, most school integration policies have shifted away from using race as a determining factor in student assignment.

The court ruled that lower courts can not rely on the university's assurance that affirmative action is needed and must instead apply strict scrutiny to see if a diverse student population is possible without using race as an admissions factor.

You asked what would be the main factor the court would use to determine whether you qualify to file Chapter 7.

Courts apply a four - factor test and consider all the circumstances — parody is a check mark in favor of fair use under one of the categories.

Opened in 1957, it was designed to be «more clinic, than court,» fostering a child - centred approach to youth justice that aims to address the underlying factors that lead young people to conflict with the law, including problems at home, poverty and under - housing, substance use and mental health issues.

The legal test used by the Court to determine the choice of a legal basis (if there are multiple) for the signing and conclusion of international agreements is well known: the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure (the context also matters in relation to international agreements).

[128] Professor Piché's summary is very helpful, but I would add to it by suggesting that in addition to using the various factors to determine substantive and procedural fairness, the court should also examine circumstantial fairness and institutional fairness.

The Manitoba Court of Appeal has listed a number of factors to be considered when determining whether exceptional circumstances exist so as to justify the use of a non-competition clause:

Some of the factors courts use in this regard include:

Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.

The following factors are considered in determining recognition and enforceability of a Alaska injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

Ellacott had been properly sentenced even though the Superior Court Justice had erred when he used Ellacott's testimony and his denial of guilt as aggravating factors in his decision.

Supreme Court of Canada Decision: No Prima Facie Discrimination The Supreme Court dismissed the appeal, with the majority confirming that the employer terminated Stewart for breaching the Policy's requirement to disclose his drug use, and that discrimination based on his disability was not a factor in the termination of his employment.

In a historic decision, Fisher v. University of Texas at Austin, the Supreme Court upheld the use of race as one factor among many that may be taken into account by the University of Texas in its admissions policy...

These factors, along with a number of other factors, will be used by the court to determine who the primary custodial parent should be.

The officers use 13 questions to determine whether the person accused of domestic violence is likely to re-offend, and depending on the factors in the case, the assessment could be used in court to oppose bail for the accused.

The court thoroughly reviewed US and Canadian law on the topic and recited a number of factors that might support a finding that a «browsewrap» contract (i.e. one that did not depend on any active assent to its terms, but that operated by mere use of the web site) would be enforceable.

However, an MoJ spokesperson said 77 out of 108 respondents said court fees had little or no relevance to their decision to use the English courts, and only two people said court fees were a decisive factor.

The most reliable factors for predicting the court's decision were found to be the language used as well as the topics and circumstances mentioned in the case text.

The court considered a variety of factors in its ruling, including the fact that so much material had been released and that it would be unfair to burden plaintiffs with return of the materials and deprive them of their use.

More importantly, those factors must be such as to permit the Court to give the words actually used a meaning which is not strictly in accordance with the usual rules of grammar or vocabulary: see Investors Compensation Scheme Ltd v West Bromwich Building Society» -LRB-[1998] 1 All ER 98).

Last July, the Wisconsin Supreme Court affirmed the lower court's decision that the risk assessment may be considered as one factor among many used in sentenCourt affirmed the lower court's decision that the risk assessment may be considered as one factor among many used in sentencourt's decision that the risk assessment may be considered as one factor among many used in sentencing.

And although judges retain a discretion to refuse nonetheless to make PCOs, it is difficult to see how a judge could use that discretion to refuse a PCO in the type of case in which the making of a PCO has been upheld by this court and there were no policy factors (for instance, collusion or the creation of an artificial case) that militated against it.»

The court ultimately found that «prior cases have consistently rejected the use of sex as a decision - making factor, even though the statutes in question certainly rested on far more predictive empirical relationships than this.»

On appeal, the United States Court of Appeals for the Eighth Circuit, «though accepting... that agency decisions can ground issue preclusion,» affirmed the district court's ruling on three grounds: (1) «the TTAB uses different factors than the Eighth Circuit to evaluate likelihood of confusion,» (2) the «TTAB placed too much emphasis on the appearance and sound of the two marks,» and (3) different parties bear the burden of persuasion before the TTAB and before the district cCourt of Appeals for the Eighth Circuit, «though accepting... that agency decisions can ground issue preclusion,» affirmed the district court's ruling on three grounds: (1) «the TTAB uses different factors than the Eighth Circuit to evaluate likelihood of confusion,» (2) the «TTAB placed too much emphasis on the appearance and sound of the two marks,» and (3) different parties bear the burden of persuasion before the TTAB and before the district ccourt's ruling on three grounds: (1) «the TTAB uses different factors than the Eighth Circuit to evaluate likelihood of confusion,» (2) the «TTAB placed too much emphasis on the appearance and sound of the two marks,» and (3) different parties bear the burden of persuasion before the TTAB and before the district courtcourt.