Also known as:case by case basis · case-by-case · ad hoc · individualized
Written by attorneys · grounded in primary & secondary sources — see below
A method of legal decision-making that requires evaluating the facts and circumstances of each individual matter rather than applying a categorical rule. This approach ensures that outcomes turn on the specific details presented instead of a uniform prohibition or mandate. It commonly appears when courts or agencies must weigh competing interests or assess qualifications without mechanical formulas.
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Cases
Statutes
Model Codes
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How it applies
Common Examples
6
Foster Agency Exemption Request
The city allows its officials to grant occasional exemptions from the same-sex certification rule when special circumstances arise. A religious foster agency applies for an exemption citing its sincerely held beliefs. Officials review the agency's history of placements and the particular children involved before deciding whether to grant the request.
Undergraduate Admissions Review
An applicant receives an automatic point boost solely because of race under the university's formula. The admissions office never examines the applicant's individual background or contributions. The court finds the mechanical award fails to provide the required individualized consideration.
Law School Holistic Evaluation
The law school admissions committee reads each file in full and weighs race alongside leadership, work experience, and academic trajectory. No single factor automatically determines admission. The process satisfies strict scrutiny because it treats every applicant as an individual.
Capital Sentencing Determination
The jury hears testimony about the defendant's mental condition and deliberates whether that evidence warrants a sentence less than death. The court instructs jurors to decide based on the particular facts of the crime and the defendant's personal circumstances rather than a fixed category.
Fisher v. United States328 U.S. 463 (1946)
Zoning Variance Application
A grandmother seeks permission to live with her grandchildren in a single-family zone that limits occupancy to nuclear families. City officials inspect the specific household composition and the impact on neighborhood character before ruling on the request.
Moore v. City of East Cleveland, Ohio431 U.S. 494, 503 (1977)
State Custody Obligation Claim
A child welfare agency receives reports of abuse but decides not to remove the child after reviewing the family's particular history and available services. The court later examines whether that individualized judgment created a constitutional duty to act.
DeShaney v. Winnebago County Department of Social Services489 U.S. 189 (1989)
Common questions
Frequently Asked
4
When does a policy trigger strict scrutiny because it permits case-by-case exemptions?+
A policy is not generally applicable if officials retain discretionary power to grant individualized exemptions. Once that discretion exists, the government must satisfy strict scrutiny to enforce the policy against a religious claimant. The presence of even occasional exemptions defeats general applicability.
Why does automatic point allocation in admissions fail the individualized consideration requirement?+
Automatic points based solely on race substitute a mechanical formula for genuine review of each applicant's unique qualities. The Supreme Court has held that such predominant mechanical use of race prevents the narrow tailoring demanded by strict scrutiny. Holistic review that treats race as one factor among many is required instead.
How does a law school demonstrate that its race-conscious admissions process is narrowly tailored?+
The school must show that it evaluates every applicant as an individual and considers race only as one element in a broader assessment of diversity contributions. Courts defer to the school's academic judgment on the educational value of diversity while still examining whether the process avoids mechanical or predominant reliance on race.
What distinguishes case-by-case analysis from a blanket rule in best-interest determinations?+
Case-by-case analysis requires courts and agencies to weigh all relevant factors, including any existing non-cohabitation orders, for each child. A blanket prohibition eliminates that individualized inquiry and assumes the outcome for an entire category of placements.
weighing of fiscal and administrative burdens against the interests of a particular category of claimants. The ultimate balance involves a determination as to when, under our constitutional…
, and this
case
has its own distinctive features. It is in the light of these that we must decide whether Fisher's death sentence should legally stand. According to the more enlightened…
Constitutional LawThe separation of powers · The powers of CongressUBEIntermediate