Sentences with phrase «certain facts of the case»

If those defenses don't work, they can try to prove that certain facts of the case remove their client's culpability for the crime.

In order to prove your case in court, your attorney may need to hire certain experts who can testify to certain facts of the case, give their expert opinions to the court, and refute inaccurate testimony given from the defense.

Not exact matches

The facts: When you turn age 70 1/2, the IRS will require you to begin taking withdrawals from certain types of retirement accounts (in most cases, it doesn't matter when you actually retire).

While the fact that better capitalised banks are more able to lend during the recovery phase of a crisis sounds logical to me, I believe this result requires more in - depth analysis: it is likely that regulators in many countries forced banks to recapitalise after past crises or, as it was the case in the US in the post-WW2 era, that banks were also required to comply with a certain type of leverage ratio.

For me, the evidence from DNA makes a strong case for the theory, but I also recognize the fact, as with «creationism», that a certain degree of speculation and conjecture is involved.

We may not be sure, in every case, what is the «kernel of substantial fact» in Mark's legends, but we are certain that they were not spun out of thin air.

only in the last 15 years have we obtained the databases of information to consider certain facts of the text literarily — in this case, the study of the use of names.

My case was one in which the author, editor and reader are all known entities (in fact, they all know each other personally); the reading takes place in the exact same cultural and social context as the writing and editing; and the reader is himself a really smart guy, Ivy - league Ph.D. and all, who had spent a decade training the editor to be a certain kind of editor, with specific tools unique to the specific publication's aims.

It is also emphatically to be observed that in very fact the principle of exact retaliation is not normative in the Old Testament; that the law is demonstrably of Canaanite formulation as it appears here, borrowed for an interim period by Israel, and retained only for certain particular cases as a norm of judgment in specific instances of injury.

And in fact it could give Wenger ammunition (as if he needed more) to make a case of why he didn't spend as much or felt that the way certain players finished the season deserves an endless show of faith to prove something we know already from a larger sample there not (at least at Arsenal under Wenger that is).

much like when a country can't divulge highly classified information publicly for obvious economic and military reasons, a professional soccer organization must keep certain things in - house so they don't devalue a player, expose a weakness, provide info that could give an opposing club leverage in future negotiations and / or give them vital intel regarding a future match, but when dishonesty becomes the norm the relationship between cub and fan will surely deteriorate... in our particular case, our club has done an absolutely atrocious job when it comes to cultivating a healthy and honest relationship with the media or their fans, which has contributed greatly to our lack of success in the transfer market... along with poor decisions involving weekly wages, we can't ever seem to get true market value for most of our outgoing players and other teams seem to squeeze every last cent out of us when we are looking to buy; why wouldn't they, when you go to the table with such a openly desperate and dysfunctional team like ours, you have all the leverage; made even worse by the fact that who wouldn't want to see our incredibly arrogant and thrifty manager squirm during the process... the real issue at this club is respect, a word that appears to be entirely lost on those within our hierarchy... this is the starting point from which all great relationships between club and supporters form... this doesn't mean that a team can't make mistakes along the way, that's just human nature, it's about how they chose to deal with these situations that will determine if this relationship flourishes or devolves..

Doug Williams, a black quarterback from Grambling, was projected as a certain first - round pick, but Moon did not think that fact eliminated the possibility of racism in his own case.

In fact, this may already be the case with two nonhuman versions of oligosaccharides (touted for their «prebiotic» benefits) that have been added to certain infant formulas in recent years: fructooligosaccharides (FOS), isolated from plants, and galacto - oligosaccharides (GOS), synthesized from bovine lactose.

«The legal strategy that we decided was optimum from our point of view was to file the civil suit yesterday, lay out the entire case in a civil suit, seek certain remedies in the civil suit and commence a criminal investigation today on the same basic underlying facts and proceed with the criminal investigation jointly with our federal counterparts.»

Racetams have been reported to allow both creative and analytical work to be done simultaneously, which is the case when answering lengthy essays which require the knowledge of facts and the proper positioning of those facts in a sentence to optimally convey a certain message.

In fact, what he actually said about animal sourced foods (in this case, milk and beef) in that particular video was that they're not a «good source» of nutrients b / c it isn't possible to get certain nutrients w / o the harmful doses of hormones and saturated fats (not to mention a bunch of other industrial toxins found in animal fat).

NYC teachers have been warned against sharing their professional analyses of the educational appropriateness of state tests and former Chancellor Farina told parents at a private meeting in District 15 that she herself would in fact opt out in certain cases yet declined to share this with all NYC parents, despite D15 parents» strong urging that she do so.

The facts: When you turn age 70 1/2, the IRS will require you to begin taking withdrawals from certain types of retirement accounts (in most cases, it doesn't matter when you actually retire).

That's due in part to the fact that neutering and spaying reduce (and in some cases nearly eliminate) the potential for your dog to develop certain types of cancer, including testicular and cervical cancers.

In fact, certain kinds of sweetener can actually be toxic for cats — this is the case for xylitol.

They're easier to find (due largely to the fact that there were several Zygarde cells that could only be found at certain times of the day, which sucks), they're more rewarding (rewarding the player every 20 Stickers or so, instead of just at 10, 50 and 100, as was the case with Zygarde cells) and they're lower stakes, in case the player doesn't feel like finding them all.

In a 1984 Artforum review, Thomas McEvilley, a classicist new to the world of contemporary art, made the case that the Museum of Modern Art in New York served as an exclusionary temple to certain high - minded Modernists — namely, Picasso, Matisse, and Pollock — who, in fact, took many of their innovations from native cultures.

«In this case abstraction is focused on the reduction to certain facts, forms and objects but not as an experience of pure non-objectivity.

In addition to your synonyms (``... sure, positive, beyond doubt...», included in # 6 of my Webster's New World Dictionary) there's also # 1, «fixed, settled, or determined» (concepts that suggest the arbitrary positions of an establishment and its counter establishment, e.g. a paradigm shift in science — in fact, didn't Hume make it clear, what we call «science» is essential not ever logically certain as would be the case with 2 +2 = 4).

One of the ironic facts connected to this is the popularity of the DMI arctic temperature data among certain denialists, who are in all other cases most disdainful of climate models.

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).

This is partly evidenced by the fact once the option is selected, a piece of paper is produced that claims that you've appeared, pleaded no - contest and waived your right to a judge or a jury trial, at which point you're found guilty, with a deferred judgment, and with the option of case dismissal should certain conditions be satisfied.

What Article 28 (3) with its omission of public policy grounds seems to suggest in my view is that — to a certain extent — the mere fact of a 10 years residence has created a link between the EU citizen and the host Member State that is similar to the link between a national and its state; as a consequence expulsion can only be a valid means if this link is deliberately destroyed by the EU citizen; this would be the case of a serious security threat, i.e. an individual determined to engage in actions that jeopardize the security of the host Member State's society at large, which could indeed be the case of organized crime.

CaseXplorer gives you two options: you can draft your own questions, tailored to the specific facts of your case, or you can select pre-drafted template questions, broken down by area of law, that address some of the most common issues in certain kinds of cases.

Although it is always desirable to move on promptly with litigation, the simple fact is that in certain cases the interests of justice demand a rather more stately and measured pace than would be proper with regard to another class of action.

Since I'm junior, there's a certain amount of doc review but partners want you to present the case to them and analyze the facts.

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

50 That case - law arises from the fact that certain types of coordination between undertakings can be regarded, by their very nature, as being harmful to the proper functioning of normal competition (see, to that effect, in particular, judgment in Allianz Hungária Biztosító and Others (EU: C: 2013:160) paragraph 35 and the case - law cited).

Earlier last month, the Connecticut Court of Appeals issued a written opinion in a Connecticut car accident case requiring the court to discuss the distinction between a judge's decision whether to admit certain evidence and the weight that evidence is afforded by the fact - finder once admitted.

Thus, in the case of a trading covenant for example, prohibiting the sale of certain goods in a retail park, the fact that such a covenant may restrict competition is not enough to bring it within Art 101 (1).

Again, the fact that a more limited use of MFNs was allowed by the authorities implies that they do not have the object of restricting competition (although, in certain cases, that may be their effect).

The task of demonstrating innocence is particularly difficult in this case where in addition to the passage of almost a half - century since the crime, certain immutable facts cast some suspicion on the appellant.

Not being a criminal lawyer, I can't use my own experiences to square those two accounts (and, admittedly, my exposure to crowns is Toronto - centric, experiences may vary elsewhere — based on recent events, I'd have concerns about the Alberta courts), but the fact that certain proponents of the critical narrative characterized Marie Henein's masterful conduct of the Ghomeshi trial as a case of «whacking» the accused (rather than the complainant's «whacking» the crown) did nothing to enhance the credibility of that narrative (and, if nothing else, suggests that your construction of the «critical narrative» is not at all a straw man).

I will comment that in this case this view is reinforced by the fact that TWU has largely been exempted from the operation of the Human Rights Code in relation to certain matters which suggests an intention to move the analysis out of the adjudicative and into the realm of policy analysis.

I think the outcome of this is that the cases will — in its bid to identify and solve the problems certain scenarios can present -, in fact make it more and more complicated.

In addition to a defense based upon the facts of your case, you may have a complete defense unknown to you due to certain legal technicalities.

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.

A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, another Court of the same rank or lower, must apply that decision in cases presenting the same set of facts.

If trial does become necessary, we'll make certain that the judge and jury know the real facts of your case.

The practice is incompatible with a precedent - based legal system because it is inconsistent with the doctrine of stare decisis — when a court has decided a principle of law applicable to certain facts, it will apply that principle to all future cases where the facts are substantially the same.

However, whether or not an ATE insurance policy can offer the defendant «sufficient protection» will depend on the terms of the policy in question, particularly whether there are any provisions which may permit the insurer to avoid the policy in certain circumstances (for example, if it emerges in the course of the proceedings that the claimant withheld or misrepresented key information regarding the facts of the case from the insurer).

A recent decision of the Alberta Court of Appeal, Beaverford v Thorhild (County No. 7), 2013 ABCA 6, is a more traditional application of the common law rule against bias, although the presence of Facebook in the facts of the case gives it a certain novelty value.

Not only does the determination of what law is relevant to the case presuppose the existence of certain facts, it also has the potential to prolong the hearing.

Similarly, does the fact that certain groups, like the Chamber of Commerce, are repeat players, affect the outcome of cases?

In fact I've seen them offer our clients their best rating in some cases where our clients have had: — asthma — Certain skin cancers — History of Anxiety or depression