Sentences with phrase «case upon the parties»

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by other departments of the government.

Not exact matches

in the case of our directors, officers, and security holders, (i) the receipt by the locked - up party from us of shares of Class A common stock or Class B common stock upon (A) the exercise or settlement of stock options or RSUs granted under a stock incentive plan or other equity award plan described in this prospectus or (B) the exercise of warrants outstanding and which are described in this prospectus, or (ii) the transfer of shares of Class A common stock, Class B common stock, or any securities convertible into Class A common stock or Class B common stock upon a vesting or settlement event of our securities or upon the exercise of options or warrants to purchase our securities on a «cashless» or «net exercise» basis to the extent permitted by the instruments representing such options or warrants (and any transfer to us necessary to generate such amount of cash needed for the payment of taxes, including estimated taxes, due as a result of such vesting or exercise whether by means of a «net settlement» or otherwise) so long as such «cashless exercise» or «net exercise» is effected solely by the surrender of outstanding stock options or warrants (or the Class A common stock or Class B common stock issuable upon the exercise thereof) to us and our cancellation of all or a portion thereof to pay the exercise price or withholding tax and remittance obligations, provided that in the case of (i), the shares received upon such exercise or settlement are subject to the restrictions set forth above, and provided further that in the case of (ii), any filings under Section 16 (a) of the Exchange Act, or any other public filing or disclosure of such transfer by or on behalf of the locked - up party, shall clearly indicate in the footnotes thereto that such transfer of shares or securities was solely to us pursuant to the circumstances described in this bullet point;

The Series A Preferred shall also be convertible into any future series of Preferred Stock (the «Future Preferred») under either of the following circumstances: (a) if such conversion is approved by the Board or (b) if such conversion is in connection with a future Preferred Stock equity financing in which the Company's fully diluted pre-money valuation is greater than the Company's fully diluted post-money valuation immediately following the Series A Financing contemplated by this term sheet (a «Future Financing»), in either case, on a one - for - one basis (subject to anti-dilution adjustment) at the option of the holder; provided however, if such conversion is in connection with a Future Financing, that the holder may convert into shares of Future Preferred only in the event that all of such shares of Future Preferred received by the holder upon conversion are sold to an Approved Investor (as defined below) no later than 90 days following the first closing of the Future Financing at a price per share no lower than the price per share at which the Company sells shares of such Future Preferred in the Future Financing and, provided further, that such Approved Investor is not an affiliate, family member, or related party of the holder.

It is now incumbent upon this court to fix custody in this case, applying the principles summarized in In re Marriage of Winter, 223 N.W. 2d 165, 166 - 67 (Iowa 1974), which are recognized by both parties and need no repetition here.

It is always better, in case of couples who are going in for a divorce, to decide upon a custodial arrangement that is agreeable to both parties.

In the case of Labour, any change to «contracting - in» will impact significantly upon the party's income base.

In addition, the BHA and RISC are pleased to announce that the trial will definitely go ahead, after the opposing parties in the case — the London Borough of Richmond upon Thames and the Secretary of State for Education — agreed to the BHA and RISC's request for a protective costs order.

«Is it the case that the reports that your party's support for further progress on boundaries legislation is dependent upon progress on House of Lords reform legislation are wrong?»

The mischief embarked upon by the New Patriotic Party (NPP) to discredit the Electoral Commission (EC), has backfired in the party's stronghold of Ashanti Region, with many people disenfranchised from voting in the 2016 Presidential and Parliamentary elections by the Supreme Court decision in the Abu Ramadan and Evans Nimako case, against the electoral Party (NPP) to discredit the Electoral Commission (EC), has backfired in the party's stronghold of Ashanti Region, with many people disenfranchised from voting in the 2016 Presidential and Parliamentary elections by the Supreme Court decision in the Abu Ramadan and Evans Nimako case, against the electoral party's stronghold of Ashanti Region, with many people disenfranchised from voting in the 2016 Presidential and Parliamentary elections by the Supreme Court decision in the Abu Ramadan and Evans Nimako case, against the electoral body.

This order affirms the dismissal of a formal third - party complaint filed by Ms. Louise Caplan (Ms. Caplan or Complainant) following the remand of the case by the U.S. Court of Appeals for the District of Columbia Circuit upon a motion by the Department.

I've seen cases where the client left their dog in the car for just a minute while they ran into a store only to find the pound of fudge for that night's holiday party was missing upon their return.

In this case, Sora appears to be destroying his enemies by calling upon the power of the spinning tea cups from Disneyland's famous Mad Tea Party ride.

It's not a matter of ideology but rather criminal intent (mens rea) and criminal effect, not to mention the civil aspects of such cases, in which compensatory and punitive damages may be imposed upon the miscreant parties involved in the perpetration of deceit for the purposes of pecuniary or other material gain attained to the detriment of specific other people and the public at large.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

The court may award either joint or sole custody in a case, based upon the best interest of the child, and may also award visitation rights to a party.

Writing for the court, Judge Lavenski Smith said the parties» reasons for tossing the case were «irrelevant» because «the dismissal is effective upon filing, with no court action required.»

The tariff of party and party costs is predicated on there being a traditional review of all costs and disbursements claimed by the successful party and the allowance of those items found to be reasonable and necessary in the particular circumstances of the case before they are properly visited upon the defendant.

However, the claimants» case subsequently disintegrated upon receipt of a joint report from the parties» microbiology experts, which agreed that it was improbable that the point source of the causative Norovirus outbreak was food prepared at Butlin's.

Your insurance is generally reimbursed from third - party proceeds upon resolution of your case (a process known as subrogation).

This most recent decision quotes one of the many judges who have been involved in the case commented, as far back as 1980, as having described the parties as «figures in a classical tragedy, bent upon destroying that which surrounds them and especially their monetary inheritance».

The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all issues save costs before a trial or where a trial is incomplete, the court should not, save in a reasonably obvious case, embark on making an order for costs because the court will have no proper basis of agreed or determined facts upon which to base its decision.

This case provides very clear guidance for parties trading on GAFTA terms, and who may be affected by export restrictions, that the Prohibition Clause must not be relied upon prematurely.

Basically, facts that are not in dispute (either because the parties agree upon them or because application of the law to the facts dictates a particular result) are presented to the court, and then the court must decide if the case can move forward.

Girleanu v. Romania, ECtHR, acting alone, represented Guardian News and Media Limited in a third party intervention before the European Court of Human Rights in a case concerning the imposition of sanctions upon a journalist for possession of sensitive information alleged to impinge upon national security.

In case the obligation is not performed, upon application of a party, the Family Court may issue a performance order if the obligation is concerning property rights.

This case highlighted the importance of clarity in agreeing the terms upon which subcontracts are made and demonstrated how an exclusion clause can fall foul of the Unfair Contract Terms Act 1977 («UCTA») even where both parties were commercial entities and not dealing as consumers.

Although the general procedure (dealt in the District Court) of compulsory execution is available for the enforcement of performance of obligations decided upon or agreed upon in the disposition of family affairs cases, the Family Court has power to take, upon application of a party (obligee), certain measures for ensuring the performance of such obligations.

In a relatively rare consideration of the impact of Art 8 upon financial provision, Peter Hughes QC sitting as a deputy High Court judge in M v M [2006] All ER (D) 58 (Jun) considered the impact of an application for disclosure from a third party and set out some useful guidance on the basis that Art 8 reinforced the principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the case.

This depends upon when a concept analogous to the principle of collateral estoppel (also known as «issue preclusion») in civil cases, in which facts previously litigated can bind a party in a later lawsuit, with or without constitutional double jeopardy dimensions, applies in criminal cases.

Thus, it concluded, investors could not have relied upon the banks and brokers» failure to disclose publicly the nature of the Enron scheme in which they allegedly took part... Making third parties liable in the circumstance in this case, the Circuit Court said, «gives rise to confusion about the extent of secondary actors» obligations and invites vague and conflicting standards of proof in divers courts.»

One of our biggest issues when receiving a new instruction to report upon is receiving countless e-mails from both parties that generally have no relevance to the actual case and are usually a history of their arguments rather than the real issue.

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»

The human rights aspect of the case will be governed by whether or not the third party applied themselves to a disclosure application and upon the relevance criteria contained within the Magistrate's Court Act 1980, s 97 and the Criminal Procedure (Attendance of Witnesses) Act 1965, s 2 (as amended) in the Crown Court.

It may be that the summoned third party may, in due course upon attending court, argue that disclosure is either inappropriate or impossible, and even get a costs order if successful, but that will not have prevented a time consuming, lawyer - intensive period of time, trying to avoid attendance and ultimately having to turn up at the crown court to argue the case.

In the U.S., any court can determine that a law is unconstitutional, but the extent to which that ruling is binding precedent on other courts or other parties than those to the case before it depends upon the court in question and upon the doctrine of collateral estoppel (a.k.a. issue preclusion).

An Ontario court recently considered a case where one party sought to terminate spousal support upon retiring.

A mediator can be called upon to provide some case evaluation, or a case evaluator can seamlessly slide into a mediator's role when helpful to bring the parties to a good resolution.

This is when the parties in the case agree that no matter what the outcome of a case, defendant will pay a minimum amount — but no more than an agreed - upon maximum amount.

Your right to do so will depend upon several factors, including what insurance is available to the parties involved and the particular facts of each case.

In cases in which the opposing party has sought fees, the family court has uniformly required disclosure of billing records when that party has refused to provide me such records upon a claim of privilege.

The Court further relied on what it called a «somewhat relaxed» burden of proof in asbestos cases, thereby minimizing the argument that evidence relied upon by the parties would become stale over the passage of time, another policy reason behind the application of statutes of repose.

However, since the legislation has been enacted, the BCHRT has been very reluctant to award costs, only doing so in cases where parties have been dishonest in the process, for example fabricating facts giving or false testimony, and / or for refusing to adhere to already agreed - upon terms of settlement.

Whether your case may go to trial will depend largely upon the approach your personal injury attorney takes as well as the circumstances surrounding your case and whether the responsible party is willing to work with you to reach a fair resolution.

After an injury that is the result of a negligent act of another party, whether a car accident, truck accident, motorcycle accident or a case involving an injury on private, government, public or commercial property, or a situation involving nursing home abuse or any other type of injury case, call upon the Law Office of Gary D. Baughman, APC for a fast response.

Additional motivation for at - fault parties to settle is that if a claim amount can not be agreed upon and the case goes to trial, a judge will then set the amount, which is again likely to involve additional costs, thereby eliminating any savings for the insurer or at fault party.

The Court may elect to appoint, however, a person who has served or is serving in a case as a Child and Family Investigator to serve in the same case as the Parenting Coordinator, upon the agreement of the parties.

We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.

For arbitration cases where mediation might be useful, the parties can employ what is called «blended mediation / arbitration,» in which the third - party neutral acts initially as the mediator to see if the parties can reach an agreement on many disputes and then acts as the arbitrator, deciding the disputes the parties can not agree upon.

Depending upon the specifics of your case, liable parties might include the driver of a motor vehicle, an employer who breached safety standards, a manufacturer of a defective piece of industrial equipment, and more.

In a medical malpractice case, a settlement is an amount of money that both parties agree upon as compensation for a victim's injuries.