Sentences with phrase «circumstances of the case»

While this was unlikely in the particular circumstances of this case, it should have been left with the jury.

Other compensation may be awarded, depending on the specific circumstances of your case.

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.

The prosecutor therefore has the important task of independently assessing the legal and factual circumstances of each case as well as the available evidence.

There is also likely to be continuing disagreement over what amounts to a good reason for breach and difficulty in weighing all the other circumstances of the case.

• Highly skilled in investigating circumstances of cases, identifying legal issues and interviewing potential witnesses, both in person and on the telephone.

Therefore, by using different circumstances of your case, we're able to maximize your compensation.

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

This generous decision was considered by the Court of Appeal to be the most equitable result in view of the precise circumstances of the case.

The best practice is therefore to adapt each relationship to the particular circumstances of each case.

No matter the specific circumstances of your case, our legal team is prepared to help you recover the full and fair financial compensation that you rightfully deserve.

While plea bargains typically mean reduced fines or jail time for defendants, the terms of plea deals can vary greatly depending on the individual circumstances of the case.

Thus, if all the relevant circumstances of the case were considered, then there was no arbitrary deprivation under Art 5.

The election process is a «means by which the criminal law provides the Attorney General with sufficient flexibility to take the specific circumstances of each case into account and ensure that, in each case, the interests of justice are served.»

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.

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..

The Court of Appeal accepted that the judge was entitled to conclude that it was a normal characteristic for the horse to rear up in the particular circumstances of the case because it was «natural» for horses to do so in certain circumstances from time to time, even if such behaviour was not «usual».

[3] I am satisfied, in the special circumstances of this case, that Mr. Khadr's rights under s. 7 of the Charter have been infringed.

It remains to be seen whether the Barca / Foenander approach will be preferred, and the truly unusual circumstances of the case will prevail.

Given the exceptional circumstances of the case, however, it is unclear where courts will draw the line with respect to the communications and conduct of parties in more «grey area» cases.

But, then I think, «well Jen, you had the most supportive husband anyone could wish for, and you had a mum & some sensational friends that really stepped up to help you survive it...» Now I don't know the full circumstances of this case, but the truth is that after my own experiences, I can see how it could be bad enough for someone to crack...

However, the reasoning of the Federal Court of Appeal is more interesting and more far reaching than might have been expected, given the very peculiar circumstances of this case....

«The particular circumstances of the case make it exceptional.

Thus, after carefully analysing and taking into consideration the exceptional mitigating circumstances of the cases, it was determined that a one - year reduction of the five - year ban for a breach of art. 20 of the FCE was proper, and similarly a one - year reduction of the three - year ban for the other breaches was also proper.

When the English Court was considering the issue of the appropriate forum, it held that the election of jurisdiction in the premarital contract was an important circumstance of the case and that Israel was the correct jurisdiction.

They therefore did not see that the Court of Appeal failed to carry out a fair balance of the competing interests or that their review of the factual circumstances of the case failed adequately to secure the applicant's Article 9 rights.

At the 2011 retrial, ordered by the Court of Appeal, Vos J, citing 19th and 20th century judgments, concluded that «in the peculiar, some might say extraordinary circumstances of this case», Martin «knew and approved» of the 2004 will, «wanted Anne to benefit under it», «validly directed her to sign it on his behalf» and that it was «valid, even though it was signed by its beneficiary on behalf of the testator».

In other words, it is the effective competitive disadvantage that results from discrimination, which must be demonstrated by reference to the actual circumstances of the case, including the impact on the costs, income and profitability structures of the affected party — rather than the practice of discrimination considered in abstract — which constitutes the criterion for the existence of an abuse.

With this approach, a less restrictive reading of the Association Agreement and its Protocol could have been reached, while the case at hand still could have been easily dismissed (as the Advocate General also does in the second part of his opinion, pointing towards the ancillary character of the passive freedom to receive services in the concrete circumstances of the case, paras 78 - 79).

After considering other available remedies, including a reduction of sentence and the possibility of legal or disciplinary proceedings against Mr. Asselin, the trial judge held that a stay of proceedings was the only appropriate remedy in the unusual and troubling circumstances of this case.

For the second and third questions, though, those are very hard things to evaluate without knowing more about the exact circumstances of the case, sizing up the client and their abilities, and assessing how much leverage the client has in the case and other options they may want to consider.

The relatively unremarkable circumstances of this case, where funds removed from a foreign bank have given rise to English court proceedings, serve to highlight potential limits of English law in multi-jurisdictional matters.

The minuter circumstances of each case, and the points of fact, as well as law, on which all the cases turned, in this Court and in the Court below, are set forth with such precision in the opinions of both Mr. Justice Grier and Mr. Justice Nelson that more than the brief narrative above given does not seem to be necessary.

You can't submit new evidence in an appeal — you can only argue the judge misinterpreted the law or circumstances of your case when he ordered your custody arrangement.

This process should be started before looking at homes because of the time constraints listed here can vary based on current requirements and possible extenuating circumstances of your case.

The government also argued — and Cote agreed — that under the unique circumstances of this case, the MFN was also illegal, because it «sharpened the publishers» incentives» to switch to agency.

The possibilities and avenues of compensation that are available for someone to follow through with under Kansas state law depend entirely upon the specific circumstances of the case in hand.

It found that the impossibility of taking into account individual circumstances of every case in the first phase of the procedure was remedied by the possibility for companies to trigger the ordinary procedure with a reasoned objection (para 58).

Connecticut divorce courts divide property on a case - by - case basis, considering the specific circumstances of each case before splitting property.

10 No bill previously assessed shall be again referred unless under the special circumstances of the case the court thinks fit to direct a reassessment thereof.

The Judge noted that while he has jurisdiction to strike out a party's pleadings under Rule 14 (23) of the Family Law Rules, this would be inappropriate in the unusual circumstances of this case (since the matter would be going to trial).