guiding principle (Mississippi) · Go Syfert
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guiding principle in Mississippi

10 Mississippi opinions name it 2 courts 1969–2023 1 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Federal Power Commission v. Natural Gas Pipeline Co.green
scotus · 1942 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998Covington & Lexington Turnpike Road Co. v. Sandford, 164 U.S. 578, 597 , 17 S.Ct. 198 , [205] 41 L.Ed. 560 (1896) (A rate is too low if it is “so unjust as to destroy the value of [the] property for all the purposes for which it was acquired,” and in so doing “practically deprivets] the owner of property without due process of law”); FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 585 , 62 S.Ct. 736 , [742], 86 L.Ed. 1037 (1942) (“By long standing usage in the field of rate regula tion, the ‘lowest reasonable rate’ is one which is not confiscatory in the constitutional sense”); FPC v. Texaco In

1998Covington & Lexington Turnpike Road Co. v. Sandford, 164 U.S. 578, 597 , 17 S.Ct. 198 , [205] 41 L.Ed. 560 (1896) (A rate is too low if it is “so unjust as to destroy the value of [the] property for all the purposes for which it was acquired,” and in so doing “practically deprivets] the owner of property without due process of law”); FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 585 , 62 S.Ct. 736 , [742], 86 L.Ed. 1037 (1942) (“By long standing usage in the field of rate regula tion, the ‘lowest reasonable rate’ is one which is not confiscatory in the constitutional sense”); FPC v. Texaco In

22
Federal Power Commission v. Texaco Inc.green
scotus · 1974 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998Covington & Lexington Turnpike Road Co. v. Sandford, 164 U.S. 578, 597 , 17 S.Ct. 198 , [205] 41 L.Ed. 560 (1896) (A rate is too low if it is “so unjust as to destroy the value of [the] property for all the purposes for which it was acquired,” and in so doing “practically deprivets] the owner of property without due process of law”); FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 585 , 62 S.Ct. 736 , [742], 86 L.Ed. 1037 (1942) (“By long standing usage in the field of rate regula tion, the ‘lowest reasonable rate’ is one which is not confiscatory in the constitutional sense”); FPC v. Texaco In

1998Covington & Lexington Turnpike Road Co. v. Sandford, 164 U.S. 578, 597 , 17 S.Ct. 198 , [205] 41 L.Ed. 560 (1896) (A rate is too low if it is “so unjust as to destroy the value of [the] property for all the purposes for which it was acquired,” and in so doing “practically deprivets] the owner of property without due process of law”); FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 585 , 62 S.Ct. 736 , [742], 86 L.Ed. 1037 (1942) (“By long standing usage in the field of rate regula tion, the ‘lowest reasonable rate’ is one which is not confiscatory in the constitutional sense”); FPC v. Texaco In

22
Covington & Lexington Turnpike Road Co. v. Sandfordgreen
scotus · 1896 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998Covington & Lexington Turnpike Road Co. v. Sandford, 164 U.S. 578, 597 , 17 S.Ct. 198 , [205] 41 L.Ed. 560 (1896) (A rate is too low if it is “so unjust as to destroy the value of [the] property for all the purposes for which it was acquired,” and in so doing “practically deprivets] the owner of property without due process of law”); FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 585 , 62 S.Ct. 736 , [742], 86 L.Ed. 1037 (1942) (“By long standing usage in the field of rate regula tion, the ‘lowest reasonable rate’ is one which is not confiscatory in the constitutional sense”); FPC v. Texaco In

1998Covington & Lexington Turnpike Road Co. v. Sandford, 164 U.S. 578, 597 , 17 S.Ct. 198 , [205] 41 L.Ed. 560 (1896) (A rate is too low if it is “so unjust as to destroy the value of [the] property for all the purposes for which it was acquired,” and in so doing “practically deprivets] the owner of property without due process of law”); FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 585 , 62 S.Ct. 736 , [742], 86 L.Ed. 1037 (1942) (“By long standing usage in the field of rate regula tion, the ‘lowest reasonable rate’ is one which is not confiscatory in the constitutional sense”); FPC v. Texaco In

12
Gowdy v. Stategreen
miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017Id. at 544-46 (¶¶ 15-24).

11
Pearson v. Pearsongreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 2003–2003
1 sentence

2003Pearson v. Pearson, 458 So.2d 711, 713 (Miss.1984).

11
Mississippi Interstate Express, Inc. v. Transpo, Inc., Azcal, Inc. And Robert Zollergreen
ca5 · 1982 · cited in 1 Mississippi opinions naming this issue, 2000–2000
1 sentence

2000What we find to be an accurate and quite relevant statement of the guiding principle is this "when a nonresident defendant takes purposeful and affirmative action, the effect of which is to *552 cause business activity, foreseeable by the defendant in the forum state, such action by the defendant is considered a minimum contact for jurisdictional purposes." Mississippi Interstate Express, Inc. v. Transpo, Inc., 681 F.2d 1003, 1007 (5th Cir.1982).

11
Roberts v. Louisianagreen
scotus · 1976 · cited in 1 Mississippi opinions naming this issue, 1995–1995
2 sentences

1995However, such an instruction should not be indiscriminately or automatically given, as was condemned in Roberts v. Louisiana, 428 U.S. 325 at 334 , 96 S.Ct. 3001 at 3007 , 49 L.Ed.2d 974 at 982 (1976), but should only be given after the trial court has *886 carefully considered the evidence and is of the opinion that such an instruction is justified by the evidence. ( 337 So.2d at 1255 ). 539 So.2d at 1329 .

1995However, such an instruction should not be indiscriminately or automatically given, as was condemned in Roberts v. Louisiana, 428 U.S. 325 at 334 , 96 S.Ct. 3001 at 3007 , 49 L.Ed.2d 974 at 982 (1976), but should only be given after the trial court has *886 carefully considered the evidence and is of the opinion that such an instruction is justified by the evidence. ( 337 So.2d at 1255 ). 539 So.2d at 1329 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
1 sentence

2023An attorney’s duty of loyalty to a client is “perhaps the most basic” responsibility of counsel, but “it is difficult to measure the precise effect on the defense of representation corrupted by conflicting interests.” Strickland, 466 U.S. at 692 . ¶50.

12023–2023
Robert Louis Porter v. United States green
ca5 · 1962
1 sentence

2023“Undivided loyalty and fidelity of commitment is therefore the guiding principle in 27 this important area of Sixth Amendment jurisprudence.” Id.

12023–2023
Albright v. Albright green
miss · 1983
1 sentence

2007The guiding factors for the chancellor, in reviewing the evidence related to child custody and determining which parent should have custody, is articulated in Albright v. Albright, 437 So.2d 1003 (Miss.1983).

12007–2007
Mease v. State green
miss · 1989
2 sentences

1995In Mease v. State, 539 So.2d 1324 (Miss. 1989), we reiterated the guiding principle regarding lesser included offense instructions by quoting Jackson v. State, 337 So.2d 1242 (Miss. 1976), as follows: [W]hen warranted by the evidence, the trial court may instruct the jury with reference to lesser included offenses.

1995However, such an instruction should not be indiscriminately or automatically given, as was condemned in Roberts v. Louisiana, 428 U.S. 325 at 334 , 96 S.Ct. 3001 at 3007 , 49 L.Ed.2d 974 at 982 (1976), but should only be given after the trial court has *886 carefully considered the evidence and is of the opinion that such an instruction is justified by the evidence. ( 337 So.2d at 1255 ). 539 So.2d at 1329 .

11995–1995
Jackson v. State green
miss · 1976
2 sentences

1995In Mease v. State, 539 So.2d 1324 (Miss. 1989), we reiterated the guiding principle regarding lesser included offense instructions by quoting Jackson v. State, 337 So.2d 1242 (Miss. 1976), as follows: [W]hen warranted by the evidence, the trial court may instruct the jury with reference to lesser included offenses.

1995However, such an instruction should not be indiscriminately or automatically given, as was condemned in Roberts v. Louisiana, 428 U.S. 325 at 334 , 96 S.Ct. 3001 at 3007 , 49 L.Ed.2d 974 at 982 (1976), but should only be given after the trial court has *886 carefully considered the evidence and is of the opinion that such an instruction is justified by the evidence. ( 337 So.2d at 1255 ). 539 So.2d at 1329 .

11995–1995
Mazzilli v. Acc. & Cas. Ins. Co. of Winterthur green
nj · 1961
1 sentence

1993Wrigley, 504 N.Y.S.2d at 325 ; Mazzilli, 170 A.2d at 804 .

11993–1993
Wrigley v. Potomac Insurance green
nyappdiv · 1986
1 sentence

1993Wrigley, 504 N.Y.S.2d at 325 ; Mazzilli, 170 A.2d at 804 .

11993–1993
Hart v. First National Bank green
miss · 1958
2 sentences

1969The “intention” of the testator is thus recognized as the guiding rule in determining this issue. 2 Scott, the Law of Trust, § 128.7, page 1031 (1967); Annotation 109 A.L.R. 717 , 718 (1937) ; Hart v. First National Bank of Jackson, 233 Miss. 766 , 103 So.2d 406 (1958).

1969The “intention” of the testator is thus recognized as the guiding rule in determining this issue. 2 Scott, the Law of Trust, § 128.7, page 1031 (1967); Annotation 109 A.L.R. 717 , 718 (1937) ; Hart v. First National Bank of Jackson, 233 Miss. 766 , 103 So.2d 406 (1958).

11969–1969

Where else courts name it

NJ 216 (1953–2026) CA 171 (1941–2026) NY 162 (1887–2026) TX 137 (1947–2025) IL 124 (1960–2026) PA 98 (1919–2025) WA 83 (1937–2025) MA 79 (1930–2024) TN 68 (1984–2024) CT 52 (1946–2024) MI 50 (1957–2025) DC 43 (1971–2024) FL 43 (1915–2025) NM 42 (1937–2024) OH 37 (1965–2024) MO 36 (1913–2018) AR 35 (1948–2026) MN 35 (1940–2023) WV 35 (1895–2022) MD 33 (1926–2026) VA 32 (1932–2024) AL 30 (1929–2013) WI 29 (1959–2025) KS 28 (1937–2026) CO 28 (1969–2025) IN 27 (1924–2023) LA 26 (1908–2017) NC 25 (1969–2025) AZ 23 (1964–2025) OR 18 (1931–2018) IA 18 (1927–2024) UT 17 (1919–2023) KY 16 (1940–2025) MT 15 (1937–2025) DE 14 (1956–2023) ME 13 (1948–2021) RI 13 (1979–2024) NH 12 (1974–2024) AK 11 (1988–2024) HI 11 (1960–2024) SC 10 (1998–2025) MS 10 (1969–2023) OK 9 (1906–2024) VT 9 (1974–2020) GA 8 (1938–2023) WY 8 (1951–2025) NE 7 (1927–2013) ID 6 (1990–2023) NV 5 (1952–2011) ND 5 (1918–1992) SD 4 (1974–2015) VI 2 (2006–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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