Sentences with phrase «circumstances of each case»

Such bonuses can not be justified under the facts and circumstances of this case.

An excerpt from MDRT 2012: «Our business model consists of three ways we are compensated, and how we use the methods depends on the circumstances of the case, the complexity or the size, and the ongoing service needs»...

I concluded at the time of the riots that of all the things the government now needed to do, it was the married family which most urgently needed to be rebuilt: I was and remain as certain of that as anything I have ever written, and I have been saying it repeatedly for over 20 years: I was saying it, for instance, when I was attacking (in The Mail and also The Telegraph), as it went through the Commons, the parliamentary bill which became that disastrous piece of (Tory) legislation called the Children Act 1989, which abolished parental rights (substituting for them the much weaker «parental responsibility»), which encouraged parents not to spend too much time with their children, which even, preposterously, gave children the right to take legal action against theirparents for attempting to discipline them, which made it «unlawful for a parent or carer to smack their child, except where this amounts to «reasonable punishment»;» and which specified that «Whether a «smack» amounts to reasonable punishment will depend on the circumstances of each case taking into consideration factors like the age of the child and the nature of the smack.»

A few days later, in a press conference, that bishop repeated that, while he didn't know the particular circumstances of every case, the right of conscientious objection is a human right and enters into every human right, for government officials and for everyone.

The conclusion that an innocuous disclaimer constitutes an establishment of religion needs more basis in law than a passing reference to unspecified «facts and circumstances of this case.»

The courts should have to look at the individual circumstances of each case, paying attention to things like: which parent does the caretaking (or both), the temperament of the child, apparent bond of the child to each parent, and anything else that may be relevant and rule in a way that would be least disruptive to the child.

On the prayer by the engineers asking for an order of perpetual injunction restraining the Lagos State Attorney General or any officer under his authority from initiating or commencing criminal proceedings against them based on the verdict of the Coroner, Justice Buba held that such request was ungrantable in the circumstance of the case under review.

«I think the more we get into the legal issues here, and the facts and circumstances of the case, the more confident we are about the outcome,» said Smith attorney Ross Kramer.

Because his incarceration is not necessary to protect the public, and due to the unique circumstances of this case, a prison sentence is not warranted.

But whatever the individual circumstances of the cases being investigated, the common thread is determining whether or not there was any violation or pattern of violations of federal law.

In all the circumstances of the case, President Buhari's role and inconsistent action in the prosecution and trial of the Senate President, Dr Bukola Saraki, leave...

He was thereafter arrested and detained at the base, while the air force authorities were reported to have ordered a psychiatric test on the suspect, saying the circumstances of the case required the test before his eventual dismissal and prosecution for the crime.

n respect to the circumstances of this case, nowhere is it said in the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the case.

In his ruling, Justice Quadri said: «In respect to the circumstances of this case, nowhere is it said in the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the case.

«Any further or other orders or consequential Orders that the Court may deem fit to make in the circumstances of the case.»

He added, «Since Mr. Ayo Fayose has not paid attention to the fact and circumstances of the case, I advise him to study my explanation that the house in question is a subject matter of a pending suit before the Federal High Court and that the house has been forfeited to AMCON in the interim.

«In the circumstances of this case, the public interest in co-operation is clear,» said the judge, who considered the case with Mrs Justice Thirlwall.

«The Camden Central School District, in discussing the circumstances of the case with law enforcement, decided to cancel school because the suspect had not been located prior to the start of school and at the time it was unknown whether or not the defendant had the means to carry out the attack,» state police said.

As you may know, on Friday afternoon, the Civil Rights Division of the U.S. Department of Justice, the United States Attorney for the Eastern District of New York and the FBI, New York Field Division, announced that they are undertaking an investigation of the facts and circumstances of this case.

The IPCC deputy chair wrote: «While the circumstances of this case may have been unusual, it is not at all unusual for the IPCC to disagree with the findings of a supervised investigation.

It all depends on your expertise, the circumstances of the case, and your imagination: «What exact questions did the police / forensic pathologists ask, and what other useful things may I read out of the insect material?»

The school admissions code currently requires the admission authority to make a decision on the year group a summer - born five - year - old should be admitted to on the basis of the circumstances of the case and in the best interests of the child.

This federally - licensed professional will examine all the circumstances of your case and advise you on the options available to you.

Your repayment plan will continue for a period of 3 - 5 years (depending on the individual circumstances of your case) and at the end of your repayment period, any remaining unsecured debt you have left is discharged — erased, eliminated, wiped away — forever!

Whether a profit from an isolated transaction is income according to the ordinary concepts and usages of mankind depends very much on the circumstances of the case.

Depending on the unique circumstances of your case, you will be given a 3 to 5 year repayment plan made up of payments that are based on what you can afford.

Although courts tend to interpret the Brunner test strictly, whether you qualify for a hardship discharge will ultimately be a function of the individual facts and circumstances of your case as well as the attitudes toward student loan debt that are prevalent in your jurisdiction.

Whether the apportionment methodology is on a fair and reasonable basis will depend on the facts and circumstances of each case.

We hold that, under the circumstances of this case, there was a duty by which the landlord may be held liable for the injuries sustained by the Petitioners.»

«The circumstances of these cases are just not heard of,» Mader said.

While Edgar principles applied in the circumstances of this case, application of such principles meant that the husband could not be held to his agreement: neither party had had legal advice, still less «competent legal advice».

In the first there judges have unlimited discretion (Matrimonial Causes Act 1973, s 25: «all the circumstances of the case» and a checklist (s 25 (2)-RRB-; though in practice they tend to be guided by a small number of significant earlier decisions.

In the circumstances of this case, where the applicant has self - identified as an individual with a psychiatric disability, I see no need to identify the applicant by his previous legal name.

However, the requirements of fairness will vary with the circumstances of each case.

In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13].

Every decision is a balancing exercise, and the court's decision will depend upon the particular circumstances of each case (Warren and others v HM Attorney General of the Bailiwick of Jersey [2011] 2 All ER 513, at [24]-RRB-.

In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Court held that a Nevada statute requiring such identification did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures, nor, in the circumstances of that case, the Fifth Amendment's privilege against self incrimination.

The court still has to look at all of the circumstances of the case, but again this must point to granting relief in these cases.

Matrimonial Causes Act 1973, s 25 says that the «duty» of the court in deciding whether to make an order is to have regard to «all the circumstances of the case» (emphasis added); and, in particular, to a variety of present and future — when the application bites — factors.

A balance had therefore to be struck between the various relevant aspects of the public interest in all the relevant circumstances of the case.

In a somewhat surprising move, sought to clarify para. 244 of Opinion 2/15, the Court argued that the conclusion that the EU could not act alone in the shared area of non-direct foreign investment was premised on the specific circumstances of that case.

In the earlier Massachusetts case, the SJC emphasized that its decision in favor of applicant Ross E. Mitchell was confined to the unique circumstances of his case.

Finally, AG Saugmandsgaard ØE rejects the argument that the circumstances of the case under consideration are comparable to those which gave rise to the Court's pronouncements in Essent Netwerk and Association Vent de Colère, and warrant thereby the same positive conclusion as to the use of State resources.

Though the range of arguments is wide and varied depending on the circumstances of the case and the underlying Investment Treaties, the overarching theme is simply that EU Law reigns supreme in relations between Member States and overrides all international law commitments that individual Member States - and the EU itself in the case of the Energy Charter Treaty - have entered into.

In coming to its decision, the Crown will consider the various circumstances of the case such as the seriousness of the offence, the age of the accused, the accused's previous criminal record, etc..

A declaration is a written statement submitted by a party who can speak to the facts and circumstances of the case.

The effect of a guilty plea in setting the appropriate sentence will vary with the circumstances of each case.

We will tailor our legal strategies to the unique circumstances of your case.

If you or someone you know has been injured in a Fort Collins motorcycle accident, it is important to retain the services of an experienced Fort Collins motorcycle accident attorney who can assess the circumstances of your case and help you seek relief.

An experienced Louisville personal injury lawyer will be able to review all of the facts and circumstances of your case with you and determine how best to proceed forward.