Sentences with phrase «as other relevant factors»

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

Not exact matches

In that case, the number of bookshops, which is a systems output — generated organically by the size of the city, the rate of literacy, the income of residents, and other relevant factors — would serve as a proxy for literacy, while population or income would serve as proxies for whatever variable one wants to measure.

Third, applying simple legislative solutions to complex social issues also seems attractive, but ignores other relevant factors such as the role of the family and parental supervision, the place of education, and broader social determinants such as employment and access to social and economic opportunity.

In its assessment of the conduct under the proposed s. 46, the ACCC will expressly take into account these statutory factors, along with other factors the courts have recognised as relevant to the substantially lessening of competition test.

As noted above, ethical standards have meant that random assignment to feeding groups is rarely possible, making other methodological and analytical steps necessary to ensure that research outcomes are accurately attributed to the relevant factors under study.7

Among the important factors that could cause Rio Tinto's actual results, performance or achievements to differ materially from those in the forward - looking statements include, among others, levels of actual production during any period, levels of demand and market prices, the ability to produce and transport products profitably, the impact of foreign currency exchange rates on market prices and operating costs, operational problems, political uncertainty and economic conditions in relevant areas of the world, the actions of competitors, activities by governmental authorities such as changes in taxation or regulation and such other risk factors identified in Rio Tinto's most recent Annual Report on Form 20 - F filed with the United States Securities and Exchange Commission (the «SEC») or Form 6 - Ks furnished to the SEC.

In this study, we would like to further assess the connection between sleep - wake states, aging, and brain energy utilization and to determine how these factors influence Aβ as well as other proteins relevant to AD and neurodegeneration.

In discussing the limited evidence for the «probable» link between red meat and colorectal cancer, the WHO itself concedes that it is not possible to rule out other explanations (which it helpfully describes as «chance, bias or confounding»).2 Harcombe agrees, arguing that even when studies strive to adjust statistically for baseline differences in relevant factors such as socioeconomic status, body mass index, physical activity, smoking status and diabetes, it is impossible to grapple fully with all the factors that differentiate «the couch potato» from «the paleo buff» (her ideal), or to take into account the «chasm» that separates fresh and traditionally preserved meats from modern manufactured meat products.9

There are other factors such as gender or age that may affect protein intake, but they are less relevant.

Take time to evaluate your career according to these factors as well as any others you feel are relevant to you.

Although we have no reason to believe that these two variables directly cause changes in education funding, they may be correlated with other relevant factors, such as property values or population growth, for which we lack direct information.

As the LA Times says, «The dashboard has morphed into a tough - to - understand jumble of pie charts, ratings and text offering measurements of a school's performance on nearly a dozen different factors, some obviously relevant and others not so much.»

The vacancy search should include parameters identified by the employee regarding: pay; grade; promotion potential; status; benefits; geographical location; and other relevant factors such as his or her willingness to accept a position outside of his or her current OA.

If there are multiple vacancies equivalent to the current job in terms of pay, grade, promotion potential, status, benefits, geographical location, and other relevant factors, DOT is only obligated to offer one reassignment opportunity as a form of accommodation.

(b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

Such factors as the work itself, the breadth of its marketing, the extent of its distribution, the editorial process, its sales, the author's personal history, reviews in recognized publications, and any other factor relevant to the particular situation may be considered in making such determination [of eligibility].

Instead of basing their approval decisions primarily on applicants» credit scores, they have created a proprietary set of criteria that include factors such as income, employment history, and other relevant current circumstances, and use this as the basis of their determination.

Keep an eye on performance, especially comparing how your funds are doing in relation to relevant benchmarks These include market and mutual fund specific indexes, as well as other factors that may affect performance in the future.

We make such funds available sooner based on factors like your creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant.

-- the level of control the payer has over the worker's activities; — whether the worker provides the tools and equipment; — whether the worker can subcontract the work or hire assistants; — the degree of financial risk the worker takes; — the degree of responsibility for investment and management the worker holds; — the worker's opportunity for profit; and — any other relevant factors, such as written contracts.

Similarly, FICO classifies other factors as less important, but still relevant to credit predictions.

Restricted or illiquid securities, such as private placements or non-traded securities are valued via inputs from the adviser valuation based upon the current bid for the security from two or more independent dealers or other parties reasonably familiar with the facts and circumstances of the security (who should take into consideration all relevant factors as may be appropriate under the circumstances).

The Board has concluded that each of the trustees should initially and continue to serve on the Board because of (i) his or her ability to review and understand information about the Trust provided to them by management, to identify and request other information they may deem relevant to the performance of their duties, to question management regarding material factors bearing on the management of the trust, and to exercise their business judgment in a manner that serves the best interests of the trust's shareholders and (ii) the trustee's experience, qualifications, attributes or skills as described below.

Likewise, while links between external cancer - causing agents — such as environmental carcinogens, exposure to sunlight, viruses, and vaccine injections — have been established in relation to various other forms of feline cancer, these factors do not appear relevant to the onset of mammary cancer in cats.

To do that, you'd quantify the cooling effect of the air conditioner as well as the heating effect of the warm outside environment, plus any other relevant factors — who knows, maybe someone is baking bread in there or something — and you'd do your sums.

Their employment contracts are a relevant factor to consider, as others have pointed out.

The above picture from the website demonstrates how one could visualize differences between nations on factors relevant to what equity requires of them and thereby understand why some nations must make much deeper cuts than others as a matter of equity and justice.

If you ignore other relevant factors such as forcing amounts and albedo as well as time scale, then you are still missing the big picture.

Rule 2.1 says «In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.»

What will become of the other factors mentioned in Sparrow as relevant to justifying the violation of Aboriginal rights, including the priority to be accorded to Aboriginal interests?

This period is assessed by the courts on a case - by - case basis, depending on an employee's age, position, length of service and the availability of alternate employment together with other relevant factors as may be condisered important in the circumstances.

This list, however, is not exhaustive, as the Tribunals have complete discretion to consider any other relevant factors.

-- Whether the case is interprovincial or international in nature, and comity and the standards of jurisdiction, recognition and enforcement prevailing elsewhere are relevant considerations, not as independent factors having more or less equal weight with the others, but as general principles of private international law that bear upon the interpretation and application of the real and substantial connection test.

-- The involvement of other parties to the suit is only relevant in cases where that is asserted as a possible connecting factor and in relation to avoiding a multiplicity of proceedings under forum non conveniens.

For the Company's litigation investments, we consider the current legal merits of each underlying case, the legal history of the case, the current legal environment, and any other factors we feel are relevant as of the date of our valuation.

The Tribunal had been entitled to regard the fact that the dismissal decision was taken by a different person, unconnected to the earlier treatment, as a highly relevant factor and one that was given appropriate weight in the context of all the other evidence.

Quantity of Citations from Industry - Relevant Domains - # 13 in difference - making factors in competitive markets - Being listed on niche legal directories such as hg.org, Findlaw, Justia, and other niche legal citation sources can help to improve your local search engine rankings.

The calculus in approaching or avoiding the Ombudsman should be based on a variety of factors, such as, the financial strength of the project and its potential or actual job - creation activities; the factually - demonstrable urgency in receiving an adjudication; the presence or absence of red - flag factual or legal issues; and the likelihood that the particular case presents issues that, once resolved, would benefit multiple EB - 5 stakeholders, and thereby allow the Ombudsman to husband its scarce resources, and get more bang for its intercessory buck; and other relevant considerations.

Other factors such as the location of the keys, the position of the person in the vehicle, and a person's plan for alternative transportation are all relevant considerations when defending an allegation of a drinking and driving offence.

Which route the Crown selects will depend on the severity of the assault that was committed as well as any other factors which may be relevant.

(7) In determining whether to grant an application under subsection (6), the court shall consider the nature and complexity of the action or proceeding and the expense or risk involved in it and may consider such other factors as the court considers relevant.

(ii) The matters to be dealt with are: - the aggravating and mitigating factors of the offence (not personal mitigation); - any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing; - any relevant sentencing guidelines and guideline cases; - identifying any victim personal statement or other information available to the prosecution advocate about the impact of the offence on the victim; - where appropriate, any evidence of the impact of the offending on a community; - an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

A professional with at least 30 hours of training / education on listening to and reporting the views of the child including: 6.5 hours on child development and structured interviews of children, research on children in family justice decision - making, and ethics of interviewing children; 6.5 hours on child interview skills including building rapport, child friendly interview environments, appropriate language usage and questions, and effectively reporting the views of the child; and 17 hours of other relevant education on topics such as the rights of children, research on the inclusion and exclusion of children in family justice decision - making, the impacts of family breakdown or transition on children, risks and protective factors for children in family justice processes, family dynamics of separation and divorce including high conflict family dynamics.

The answer can not be determined from a mere examination of an organization's current membership rolls but rather depends on how the organization selects members and other relevant factors, such as that the organization is dedicated to the preservation of religious, ethnic or cultural values of legitimate common interest to its members, or that it is in fact and effect an intimate, purely private organization whose membership limitations could not be constitutionally prohibited.

The resume format of a piping designer also incorporate other factors of designing like evaluating piping designs» drawing of vendor shop and completing the isometric drawings as well as piping layout as and when required, ensuring completing pipe component and run detailed drawings as needed in addition to reviewing project parameters relevant to piping requirements.

These findings are also in line with other studies that have shown that chronic caregiver stress in the postpartum and early childhood period has been associated with persistent wheeze in early childhood4 as well as factors that may initiate or potentiate inflammation in the lung (eg, IgE expression, enhanced nonspecific and allergen - specific lymphocyte proliferation, differential cytokine expression).5, 7 Both persistent wheeze and atopy have been linked to reduced lung function in childhood.49 This cumulative stress model is particularly relevant given that maternal IPV may become a more direct stressor for toddlers who are witnessing violence against their mothers.50

To determine the amount and duration of alimony, the court will consider such factors as each spouse's earning capacity, age and mental and physical health, the length of the marriage, the standard of living established during the marriage, marital misconduct, and any other relevant factors.

The court may divide the property equally and then adjust the distribution based on a number of equitable factors, such as the financial circumstances of each spouse, the contributions made during the marriage and any other factors the court deems relevant to determining what would be a fair distribution.

Other factors (substance abuse, childhood victimization, current stresses) may be relevant, but are not the cause and can not be used as an excuse for violent and abusive behavior.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.