Sentences with phrase «circumstances of each case need»

The law does not provide an exhaustive definition of «special circumstances», and the facts and circumstances of each case need to be considered individually.

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;

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.»

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.»

«There have been cases when athletes in marathons were told to load up with water and died, in certain circumstances, because they slavishly followed these recommendations and drank far in excess of need,» Farrell said.

I want to make a case for the importance of understanding ourselves, including our own unique circumstances and needs, in determining whether we should limit the amount of vinyasa yoga we practice or even replace it with yin yoga entirely.

By focusing all of our energy on the toughest cases — the very poorest kids, in the most difficult circumstances — we risk overlooking the needs of their low - income peers with the best shot at making it.

This is a beneficial option to have in case circumstances in your life change, such as an adverse medical diagnosis or the insurance coverage is needed for a longer period of time than originally anticipated.

The trustee would need to write in and we would need to consider the circumstances of the individual case to determine whether the exception can be applied.

In determining who should be awarded custody, the court may want to consider which party has paid attention to the animal's basic daily needs (food, shelter, physical care, exercise, grooming, flea control); who takes the animal to the veterinarian; who provides for social interactions (in the case of dogs) with other dogs and / or with people; who maintains appropriate supervision to assure that state and local regulations are complied with (licensing, not allowing the dog to run free and protecting against circumstances that would endanger her life or health); and who has the greatest ability to financially support the animal.

In addition to our shared accomplishments, what continues to impress me most is the variety of ways that pets arrive at our shelter — the unique circumstances that surround each — and how our team stands at the ready to respond to the needs of these pets, their owners and in some cases, the advocates for each of these cats and dogs.

We can not be proactive in the cases of injury or trauma, but we can treat for as long as is needed for the circumstances around each condition.

In some cases, females may need 48 hours of recovery, depending on their specific circumstances.

This will save your money in case you will need to cancel your booking due to certain unavoidable circumstances such as bad weather, change of plan or medical reasons.

There's a business case demonstration available for the value of having multiple redundant alternative power generators — all where they'll be needed, all working even at a loss in normal circumstances, available for the day of the next Carrington Event.

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.

Regardless of the circumstances of your case, the Waterloo injury lawyers with Cates Mahoney, LLC can provide you with the skilled and aggressive representation you need to move past this significant hurdle in your life.

Is the provision of maintenance dictated by the parties» needs or by a more general interpretation of all the circumstances of the case?

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

Notwithstanding what you hear or read elsewhere, the circumstances of the particular case determine how the victim will need to prove and determine their losses for permanent injuries.

We handle modification cases across the full range of interests affected when new circumstances, needs or priorities mean that the terms of a divorce decree or other family commitment need to be adjusted:

The award to the husband of only 9.3 % of the assets was not disproportionate in circumstances where the entirety of the family's assets derived from non-matrimonial property and the husband's needs were amply met by the # 5m award of Bodey J. Wilson LJ concluded by saying that there were no reported cases where the assets were entirely non-matrimonial and, by reference to the sharing principle, an applicant had received an award that was in excess of their needs.

Instead, the court is economically enjoined to «consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders.»

This in turn may result in a finding that the Moorburg power - plant project does have adverse effects on the integrity of the site in which case a permit would need to be revoked, unless the exceptional circumstances of article 6 (4) apply.

a. Prenuptial agreements will be far more expensive than would otherwise be the case because lawyers will need to analyze the parties» current and prospective circumstances in order to be able to provide any kind of useful advice, and will need to draft contracts with loose terms and enormous disclaimers in order to handle such uncertainty.

We place a premium on personal service and attention, taking the time to learn the facts and circumstances of your case, as well as what you want to achieve, so that we can tailor our approach to get the results you need.

Although medical malpractice cases are of particular interest to Olivia, it is personally important to her that all victims of negligence get the information they need to fully understand their circumstances and be protected from being taken advantage of or manipulated by negligent individuals, companies, and the insurance companies that represent them.

The application of the principle, which is based in part on the need for commercial certainty and security, depends on the circumstances of each case.

It seems likely, therefore, that the coming months will see debate as to whether the existing judicial toolkit is being used appropriately to facilitate the right behaviours and if there is a need for procedural reform to expand case management rules further to provide a broader menu of options to apply depending on the circumstances of the individual case.

While recognizing that legitimate social policy objectives can justify a derogation from the prohibition of discriminating on the grounds of age, in this case, the objectives of this measure invoked by the Hungarian government — the need to standardize the age - limits for retirement for public sector employees and to establish a balanced age structure to facilitate access to younger members into the profession — were deemed to be neither necessary nor appropriate in the circumstances.

Our West Palm Beach white collar crime lawyers and extensive support staff of legal assistants, paralegals and private investigators are committed to exceeding our clients» needs and we form a unique strategy to address the particular facts and circumstances for each of our clients» cases.

During sentencing, he needed to think of himself in the same way, as a cog, as a hand doing the work of a machine that was so large you couldn't see it — that he had to keep fidelity to principles that went beyond the circumstances of an individual case.

A similar example of the need for the thorough examination of the circumstances of every case occurred also in 2016, where a charge of death by dangerous driving appeared clear cut, but was however found, upon further investigation, to have been likely to have been due, in most part, to the very poor state and design of the vehicle, and also where much, if not most, of the drug and alcohol use appeared to have been post incident.

2032 (b) In determining what is just and reasonable under the relative circumstances, the court shall take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's case adequately, taking into consideration, to the extent relevant, the circumstances of the respective parties described in Section 4320.

To be able to determine whether you have a case, your lawyer needs to thoroughly investigate the circumstances of the accident and the details about your injuries.

Therefore is VERY IMPORTANT that you hire a lawyer to negotiate your plea who: (a) knows his / her way around the Crown Counsel Policy Manual and the loopholes, gaps or shortcomings in same; and (b) knows the parameters and past habits of the Judges and Courts involved in similar cases; and (c) is well respected by the Crown and the Courts; ALL of these factors are important in ensuring that you get the BEST POSSIBLE DEAL and also in obtaining for you the lowest possible sentence and the sentence that best fits your circumstances and needs.

Other Civil Cases: Fees vary by specific circumstance including complexity of the case and our interest level, the stakes involved and conflict intensity, and the means and needs of a client.

In all cases, we customize our services to fit the needs of our clients, providing straightforward legal advice that speaks to their unique circumstances.

CCLA recognizes the need for sensitive national security intelligence to remain secret in certain circumstances and we argued for the creation of the now present Special Advocate system — which permits security cleared lawyers to review the case against a Named Individual and communicate with that person and their counsel.

The Court of Appeal found there was ``... an arguable issue of substance in this case of sufficient importance to merit the attention of the full court...» since the Summary Conviction Appeal judge ``... did not conduct a meaningful analysis...» with respect to s. 489 (2), and the police «need to know» the scope of their powers in circumstances where firearms are involved and they are ``... lawfully in a residence with children present...» (See para. 11).

In order to determine the particular circumstances of your case, you will need to contact a personal injury lawyer who can assess your situation.

By giving guidance on the circumstances in which a national court of last instance is obliged to make a reference to the CJEU with the Ferreira de Silva case one may assert that there is a need to occasionally check the case - law and practice of other courts of the Member States when a given term gives rise to uncertainty which ultimately bears the risk of different interpretation.

In light of the other Section 3553 (a) factors, however, such as the nature and circumstances of the offense, the need of the sentence to reflect the seriousness of the offense and to provide just punishment, the applicable guideline range, and the need to avoid unwarranted sentencing disparities, the history and characteristics of Bryant do not justify a thirty - month sentence in this case...

It was simply a case of a body of Wiccans who seemed genuinely seeking a spiritual path, in... very difficult circumstances, and being aware that help was needed to continue visitation for them.

Eligibility needs to be assessed on a case - by - case basis, with flexibility to reflect the uniqueness of each person's circumstances, but with limits that require a natural death to be foreseeable in a period of time that is not too remote...

He held that «the case based on the overall decline in claims can not succeed by itself» and needed to be «accompanied by evidence of the actual affordability of the fees in the financial circumstances of (typical) individuals».

Depending on the evidence available to the state and the circumstances of the case, the State might not have the evidence it needs to get the conviction which means no prosecutor will want to go forward with the case.

The case law seems to suggest that, rather than deciding public access policies based solely on considerations of the public or private nature of their universities, the amount of public funding received, or their library's depository status, librarians can consider the individual characteristics of their own universities — the university's mission, their patrons» needs, their financial circumstances, and the place they see for their academic library in the larger community.

Justice Stratas argues that we need stable, coherent, legal doctrine to which lawyers and judges alike are committed because we might not always live in «benign times,» and in a moment of crisis we will be better off if judges decide controversial cases on the basis of stable legal doctrine rather than of what they feel is right or fair in those ominous circumstances.