You asked: "How would you make fair determinations in each of those cases...given you have limited time and resources to make them?"
I'm not sure what you mean. Each legislature meets to make rules for exactly these types of things, for the people in their respective state. That's why we have state elections, for the people to decide who they want to make these decisions. Some states have referendums as well. The courts then apply those laws in specific cases. I assume you know this is how things work, so I'm not sure why you are asking.
Now answer my question, please.