Victims bringing a claim still need to prove
certain elements of their case (such as foreseeability), but unlike other types of cases, the victim's comparative fault does not come into play.
Not exact matches
A turbulent ant - hill
of separate
elements whose most evident characteristic, excepting
certain limited
cases of deep affinity (married couples, families, the team, the mother country) seems to be one
of mutual repulsion, whether between individuals or groups.
We must not, however, overlook the
element of justice in Bultmann's
case against a
certain kind
of dogmatic orthodoxy.
I tend to think that whilst, admittedly, it can in
certain cases be counter-productive (it all too often demonises the poorest, when it seems to me that some
of the most poisonous
elements of society are to be found at the top), nonetheless it does also focus the mind on the problem, and unite people behind the recognition
of it, and galvanise them into trying to seek solutions and remedies for it.
In my
case, there are
certain elements of my job that I'm just really good at, and sometimes I need to remind myself
of those and focus on them for a while.
Moreover, apart from
certain elements of legitimacy such as consistency, feasibility, and unambiguity, Weatherill argues that the introduction
of dissenting opinions would open the reasoning in hard
cases up to scrutiny and development and give the Court more legitimacy (p. 108)-- this a suggestion that, so I guess, more than just one academic would support.
Many thanks for your thought - provoking comments and in relation to Chris» comments I see a general tendency on the part
of competition authorities to ignore their own past practice or
certain elements of the Court's jurisprudence if this in the interest
of their perception
of procudural economy and indeed aggregating across markets is probably the
case in point.
Reasons included (1) judges «grade on a curve» and, after sitting through 20
cases involving violent crimes, might not find a more minor crime as serious whereas a jury would not share this context; (2) defendants will select those judges who they believe will be more inclined to acquit; (3) judges are bound by fixed sentencing rules so rather than sentence a defendant
of a nonserious crime to a lengthy term they avoid that dilemma through acquittal; (4) judges might better understand the complex
elements of certain corporate crimes and, unlike a jury, would recognize when the prosecution failed to carry its burden and (5) some judges may just have something against prosecutors.
A related
element of this
case involved Transformational Capital Corp. and
certain subsidiaries (described as «TCC»)
of which Mr. Halazon was also chief executive officer.
Depending on the facts
of the
case, strict liability may be imposed, making your
case easier to establish because
certain elements need not be proven.
In the recent
case of The Corporation
of the City
of Mississauga v Peel Standard Condominium Corporation # 833, the condominium corporation discovered, after turnover, that the builder - developer had not constructed
certain elements of the complex in accordance with the original construction drawings and architectural plans that have been approved by the City
of Mississauga.
It appears that the ENE process is an ADR hybrid which combines
certain elements both
of mediation (for example, private caucusing with the parties, confidentiality, informal presentations, settlement objectives) and non-binding arbitration (e.g., the parties and attorneys shall receive a «non-binding evaluation
of the matters in controversy by an evaluator»... in other words, an evaluation which measures and grades the relative strengths and weaknesses
of each party's
case).
As
elements of our student programs vary from office to office, in some
cases responses are specific to a
certain Blakes office and may not apply to all
of our office locations.
A purpose
element may exist when the data is or is likely to be used, taking into account all the circumstances surrounding the precise
case with the purpose to evaluate, treat in a
certain way, or influence the status or behaviour
of an individual.
The non-Indigenous respondents in the Wongatha
case put the claimants to proof
of every
element of their claim.22 There were 1,426 objections made by the respondents just to the experts» reports (
of which there were 30).23 In the Jango
case certain anthropologists» reports were the subject
of in excess
of 1,000 objections by the respondents.24 (These
cases are considered in detail in a later chapter
of this report.)