Sentences with phrase «approach applied to every case»

Not exact matches

Hence, in applying the case — by — case approach, the decision — maker will tend to systematically discount the danger to children.

In a decision that is encouraging for the mediating - structures approach, the Supreme Court held (5 - 4) in Boiuen v. Kendrick that the AFLA is constitutional on its face, remanding the case to the District Court for consideration of whether it had been applied unconstitutionally in specific instances.

«It's more of a time series approach where we are applying modeling to derive estimates of future cases,» Brownstein says.

They apply their approach to a real - life case study: a group of single - family residential buildings located in Miami - Dade County, Florida.

Manka, a senior investigative scientist at the NSF - OIG, says his systematic approach, which he once applied to physics problems, works equally well when piecing together the facts in a misconduct case.

She also pioneered the use of DNA sequencing for human rights investigations, developing the approach of sequencing mitochondrial DNA preserved in human remains, then applying this method to the identification of kidnapped children in Argentina and subsequently to cases of human rights violations on six continents.

«Feuer draws on those teachings - and on his deep experience in applying science to educational problems - to build a timely and persuasive case for a patient and incremental approach to education reform.»

In this workshop, practitioners will explore the difference between growth mindset and fixed mindset, see cases demonstrating the importance of growth - mindset for student learning, and engage with tools designed to help apply growth - mindset language and approaches in the classroom.

In other cases, we asked pupils to comment on the disciplinary knowledge they acquired outside their education courses and to analyze how various disciplinary approaches to the liberal arts were applied to classroom situations.

There are sound principles about dogs that can be applied in many cases, but each dog and owner is different, and a good trainer will have many different approaches to try.

In any case, it appears that some form of the Bayesian approach is being applied in the context of climate modeling, and this would seem to be entirely appropriate.

The scientific approach to astrophysical problems (which is the case that you have tried to offer as an example of the AGW idea) is by applying the following formula:

In this situation, as in any case in which one tries to determine the best definition to apply under the law, the best approach is to look for a definition that produces just results given the consequences of a particular definition v. another particular definition.

At our law office, we will not settle for anything less than the best, nor will we apply a one - size - fits - all approach to the representation of your case.

Applying this approach to the case Hayden J found that the husband was «short tempered, domineering and cold».

When the Commission applied these four criteria for the first time in the Pelikan / Kyocera - decision, it stated in its XXVth Report on Competition Policy (1995)(cf. p. 41) that its approach is similar to the US Supreme Court's approach in the 1992 Kodak - case [4]; also referred to as «Kodak aftermarket doctrine».

Linda Monaci & Flora Wood examine the approach to applying malingering diagnostic criteria in cases involving head injury

In terms of deciding when allegations disclose a case for misconduct or incompetence, the court applied the Perry approach directly to HPA s. 35:

«I am proud to have promoted a pragmatic approach to judging during my time on the court, and to have had the opportunity to apply my view that judicial opinions should be easy to understand and that judges should focus on the right and wrong in every case,» he wrote.

In a case about alleged damage to a residential pool by a company hired to clean it, 10 Swinton J., applied the contextual approach mandated by Carioca, and set aside the Master's order dismissing this action for delay.

While MCA 2005 presents us with a two - stage test that needs to be applied to establish whether an individual lacks capacity, «borderline» capacity cases raise difficult, and at times almost philosophical issues, as to what is meant by the proper weighing of information, and how judges approach such cases.

This is a significant case, not only because the Court for the first time had to deal with the increasingly more common phenomenon of the «false self - employed» when interpreting competition law, but also because the Court once again demonstrated its willingness to take public interests other than economic efficiency into account when applying competition law (a holistic approach that, I argue, is fundamentally more in line with the EU treaties).

If, as seems to be the case, the trial judge in the new Fisher trial did apply the Snell robust and pragmatic common sense approach, then, assuming there is an appeal and assuming that Aristorenas is still good law once Clements is decided, the Court of Appeal may have to determine whether Fisher is consistent with Aristorenas.

One notable empirical study by Professor Patrick Borchers suggested that courts using these modern approaches tended to apply forum law to tort conflicts anywhere from 55 to 77 per cent of the time — a statistically significant trend that diverged markedly from the level of forum preference seen in cases applying the older territorial rules.

As to the first stage of the analysis, the cases demonstrate that the categorical approach is unworkable and that a reviewing court can not in fact apply the categorical approach without reference to the much - maligned four factors (or some variant thereon).

Different juries in different counties or areas of Virginia may have different opinions about whether contributory negligence applies in a certain case, so it is best to talk with an experienced Virginia personal injury attorney to learn how best to approach your case.

This is particularly important given that several recent Ontario cases had given hope to employers that a more lenient approach was being applied.

Firms confront a number of client challenges: (1) dissatisfaction and failure to address it; (2) insufficient knowledge of the client's business; (3) high, unpredictable cost; (4) inefficiency and an economic model that «applies brute force» (read: lots of high - priced lawyers billing loads of hours) accompanied by a failure to assess appropriate value to task / cases from the client perspective; (5) failure to deploy technology to streamline operations and provide enterprise solutions; (6) an absence of process and project management; (7) a transactional approach to client matters rather than one that provides enterprise solutions; and (8) poor customer service.

Hence, Lundbeck is a «special case»; neither the Commission nor the GC suggest that this strict approach is to be regarded as the general rule to be applied to all reserve payment settlement agreements.

Surden does identify a number of limitations with these automated approaches, but he concludes that machine learning can be applied to «certain typical «easy - cases» so that the attorney's cognitive efforts and time can be conserved for those tasks likely to actually require higher - order legal skills.»

This case highlights the contextual approach arbitrators will apply to assessing the reasonableness of post-incident testing, even where there is a clear and reasonable policy.

Our reputation is the result of the skill and work ethic we apply to every case, as well as our client - centered approach to the practice of law.

Neuberger & Partners LLP employs tremendous resources in applying a team approach to cases.

Nevertheless, even in cases involving serious acts of violence, a court will still apply the contextual approach set out the Supreme Court of Canada in McKinley before deciding whether summary dismissal is the proportionate response to the act of workplace violence.

We understand how to approach cases involving PIP to ensure that those benefits are appropriately pursued so as not to create any conflict with other available benefits and that they are applied to most fully meet your needs.

To require the Treasury to apply a case - by - case approach would place it in an unduly difficult positioTo require the Treasury to apply a case - by - case approach would place it in an unduly difficult positioto apply a case - by - case approach would place it in an unduly difficult position.

Apple points to a recent criminal case in which a circuit court (in that case, the United States of Appeals for the Eighth Circuit) «denied a similar request for remand despite an indicative ruling that the criminal defendant's motion to adjust his sentence raised a «substantial issue,» and that the district court would apply a new sentencing approach if the case was remanded».

The narrow approach to litigation privilege applied in the Eurasian case seems at odds with the Bilta case, where both cases were dealing with documents generated in the context of internal investigations albeit the Eurasian case involved the Serious Fraud Office and Bilta, HMRC.

In judicial races, on the other hand, candidates should only promise to fairly interpret and apply the law and the U.S. and Kentucky constitutions, to treat all litigants fairly and with dignity, and to approach every case with an open mind and without pre-judgment.

Although EC law requires full compensation for discrimination, that does not mean that a tribunal should not apply in such cases an approach similar to that applied in unfair dismissal cases via the Polkey reduction.

Theoretically, administrative review relies on a conceptual framework created by the Supreme Court, but Stratas argues that the high court has failed to develop an approach that can be applied by lower courts consistently, preferring rather to deal with case - specific questions of public importance.

In those exceptional cases where these two requirements are satisfied, liability may be imposed, even though the «but for» test is not satisfied, because it would offend basic notions of fairness and justice to deny liability by applying a «but for» approach.

In support of this contention, read Justice Moldaver's approach to many criminal law issues in which he applies the «common - sense» paradigm, such as in the 2012 Walle decision or the 2015 Tatton case.

Applying these conclusions to the present case, the Supreme Court held that both the trial judge and the Court of Appeal had adopted a mistaken approach.

Anand epitomises the quintessential criminal litigator and — armed with a firm belief in the pursuit of fairness & justice without fear or favour — he has applied a committed approach to represent clients in cases ranging from capital and violent crimes to corporate and commercial offences, earning a reputation for specialised skills and professional tenacity as a recognised industry leader.

Flaux J's reminder that each case must be approached on its own facts is pertinent, but his judgment will undoubtedly assist practitioners on how to apply the law to those facts.

«The impact on the approach taken previously by the Family Division in such cases shouldn't be disregarded however, the Supreme Court was clear that Salomon would apply in the majority of cases and that no special meaning should be given to s 24 of the Matrimonial Causes Act 1973.

The decision in Lowndes v Home Office [2002] 4 All ER 775 CA) acknowleged that costs could be disproportionate in smaller cases and that the approach was to apply a test of necessity to each item of work.

In Clements, the reason why the «common sense» approach to the use of but - for test was not applied by the B. C. Court of Appeal, probably has to at least something to do with BC specific case law.

The Court of Appeal accepted UBS's submission that the proper approach to the construction of clauses agreeing jurisdiction is to construe them widely and generously, and that in the usual case the words «arising out of» or «in connection with» apply to claims arising from pre-inception matters such as misrepresentation.