Sentences with phrase «applied in this case presumed»

Not exact matches

It is presumed that this rule applies in all cases which the guidelines cover; however, the parties or a trial court may, within discretion, determine that a deviation is necessary or appropriate.

In a criminal case, the assumption that the defendant is basically a law abiding person which applies in civil cases no longer holds true once probable cause has been demonstrated to an independent magistrate, even though the defendant is presumed innocent for the purpose of an ultimate triaIn a criminal case, the assumption that the defendant is basically a law abiding person which applies in civil cases no longer holds true once probable cause has been demonstrated to an independent magistrate, even though the defendant is presumed innocent for the purpose of an ultimate triain civil cases no longer holds true once probable cause has been demonstrated to an independent magistrate, even though the defendant is presumed innocent for the purpose of an ultimate trial.

Moreover, in those cases, the panels are interpreting and applying a well - defined set of rules, e.g., the rules of professional conduct, which they are presumed to have expertise in.