Also known as: factors · factoring · factored · factorize · factorized · factorage · mercantile agent
Written by attorneys · grounded in primary & secondary sources — see below
A consideration or circumstance evaluated when applying a legal standard or test. Courts and decision makers weigh multiple factors to determine outcomes such as reasonableness, liability, or appropriate relief.
Judge Harlan presides over a custody dispute between Francesca Fiore and Fabian Flynn. He notes the parents' work schedules and the child's school performance when deciding visitation. These references stay within permissible bounds because they address issues directly before the court.
Forrest Falconer agrees to represent Frostline Textiles in a contract suit. Before setting the fee, he reviews the hours required, the novelty of the issues, and the likelihood that the matter will block other work. The resulting fee complies with professional standards because each listed consideration supports its amount.
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Fulton Shipping sues Faye Fuller after her corporation defaults on a loan. The plaintiff shows that Fuller commingled corporate and personal funds and failed to observe corporate formalities. These factors establish the unity of interest needed to pierce the veil and reach her personal assets.
After their divorce, Fiona Foster seeks maintenance from Freeman Engineering's owner Forrest Falconer. The court examines her financial resources, the time needed for job training, and the duration of the marriage. These factors lead the court to order a limited period of support.
Fatou Fall drives an ambulance through an intersection during an emergency. A pedestrian is injured when she runs a red light. The court weighs the social value of rapid medical response and the probability that the conduct would prevent harm when deciding whether her actions were negligent.
Fabian Flynn gave Fiona Foster an expensive watch when they became engaged. When the wedding is called off, he demands its return. The court considers the nature of the gift, the donor's intent, and the condition that marriage occur, then orders the watch returned because it was given in contemplation of marriage.
Factors such as time and labor required, novelty of the questions, and likelihood that the matter will preclude other employment guide the determination. A fee is unreasonable only when these considerations show that the amount charged exceeds what is appropriate under the circumstances.
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A judge may legitimately refer to factors such as race or gender when they are relevant to an issue in the case. The rule permits such references provided they do not manifest bias or prejudice.
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Courts examine commingling of funds, failure to maintain corporate formalities, undercapitalization, and treatment of corporate assets as personal property. These factors help show that the corporation and its owner lack separate identities.
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…out essentially useless information that a reasonable investor would not consider significant, even as part of a larger "mix" of factors to consider in making his investment decision. TSC Industries, Inc. v. Northway, Inc., 426 U. S., at 448-449. The second rationale, the importance of secrecy during the early stages of…