Sentences with phrase «circumstances of the case because»

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».

My case just finished and I wanted to thank Mr. Filkow I don't want to detail the circumstances of my case because they still make me very upset.

[39] I also accept that Siskinds» approach of requesting the Court to consider granting partial summary judgment was appropriate in the circumstances of this case because the issue of liability turned on a quite discrete issue of contractual interpretation.

Not exact matches

Regardless of your circumstances it's a good idea to respond because if you do not, the lender can get a default order that means you've lost the case.

An article by Professor Pullicino in The Catholic Medical Quarterly (November 2012) eloquently explains exactly why the LCP isn't wrong simply because in some cases there is no consultation: it is necessarily wrong, in the nature of things and under all circumstances.

The police treated the case as an «attempted suicide with suspicious circumstances,» in part because Ruth had attempted to prevent resuscitation by paramedics after she called 911, and also because of the family history.

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.

U.S. Attorney General Eric Holder has asked that a federal medical examiner do an autopsy on Brown's body as soon as possible because of «extraordinary circumstances involved in this case and at the request of the Brown family.»

«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.

«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.

Essentially, the case is made that Tonya Harding is a victim of circumstance whether it be the domestic violence and verbal abuse inflicted upon by her mother and ex-husband or the mandate by the International Skating Union to undermine her competitively because of coming from a poor family.

In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action.

So in the case of the ET, I've found the ebook version (I have the PDF version on my desktop) good for quick reference, and because others also default to print for craft books, I wanted to mention the special circumstances for the ET.

Because of the special circumstances of this instance, Lyons can enumerate several benefits from using the free giveaway this case.

In fact the only cases I can think of where no deal was possible, was because there was something unusual about the circumstances; for instance Fred borrowed $ 20,000 to buy a pick - up truck from T.D but he didn't actually buy the pick - up truck.

In some cases it is because we live in too small of a space, in others we have the maximum number of cats that we can handle, sometimes it is a matter of timing and circumstances....

And of course she didn't like it, no one's arguing she should have, because in this case she wasn't interested in him in that way and she had a boyfriend — and maybe she wouldn't have like it under any circumstances — but who's to say she'd have reacted exactly the same and been just as scared if she'd actually fancied him and been single and he'd done exactly the same thing when they both got drunk one evening and ended up in a hotel together.

Because carbon offsetting is novel, abstract, and engages up to seven distinct stakeholders... project employees, project neighbors, regulatory authorities (State of Arkansas in this case), corporate project owner (Waste Management in this case), the broker (CCX in this case), the commercial buyer (TerraPass in this case), and the offset purchasers (TerraPass customers in this case), each of which has limited understanding of the other's respective circumstances and interests... we thought it might be helpful for our readers to look at an actual carbon emissions project up close, to meet one of the most distant stakeholders, a carbon credit seller.

So if an opponent argues that the «little guy» (or «good corporate citizen») should win merely because of their unique circumstances; or that a particular decision will promote» social justice»; or that the judge should decide the case in a particular way because «that's the way things always have been done,» you now have the knowledge and tools to rebut these fallacies of irrelevance.

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].

While the factual circumstances may no longer prevail and indeed because of other safety nets put in place since then it is unlikely to be repeated, there were other legal and regulatory issues in the case that await final resolution.

So the court might determine that the cases are moot because the orders have expired and done their work, or in fact, they might wind up deciding them, but I think there's a good preview of the fact that they're going to uphold the President in those circumstances, and of course, Justice Thomas and again Justice Gorsuch objected to the fact that the court carved out an exception for people with a context, and essentially it would appear as though they told both the Ninth and Fourth Circuits that it's incredible that these are in fact, the powers of the President.

Katie: I think that's a conversation you have to have with the client on a case by case basis based on what their comfort level is, the type of assets that you're talking about and who the potential fiduciaries are because everyone's circumstances are certainly different, and obviously what their comfort level is with technology, what I personally and what I think might be right for certain people was I'm comfortable, I keep all of my stuff in 1Password, I keep it updated, and then I have what I call an emergency kit and it's not mine, I lay no claim to it.

The imposition of the order in the circumstances of this case, just because of the claimant's conviction for an isolated act of violence, is said to be disproportionate.»

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.

See Vonner, 516 F. 3d at 387 (explaining that a «lengthy explanation» of the sentence chosen may not be required in all cases «because «circumstances may well make clear that the judge rests his decision upon the Commission's own reasoning that the Guidelines sentence is a proper sentence»» (quoting Rita v. United States, 551 U.S. 338, 357 (2007)-RRB-; see also Rita, 551 U.S. at 356 («The appropriateness of brevity or length, conciseness or detail, when to write, what to say, depends upon circumstances.»).

In reality, however, such cases wherein reinstatement actually takes place are fairly rare, because it becomes quite unusual for the aggrieved employee to opt for this solution, given the circumstances of the dismissal.

Sinukoff does have a previous reprimand from 2007 for destroying evidence of a criminal offence to avoid charges being laid against his son, but the panel decided it was not relevant to the penalty in this case because of the very different circumstances of the offence.

In the first case, ordinary citizens may be compelled because of cost or circumstances to seek advice from a non-lawyer.

There is a substantial body of case law on whether prosecution for a crime with elements A, B, and C bars prosecution for a crime with different elements arising from the same facts and circumstances (e.g. if acquittal of a lesser included offense whose elements must all be proved to convict on the more severe offense provides double jeopardy protection), that wouldn't be directly applicable in my alternative scenario because the offense tried the first time and the second would have exactly the same elements.

We can not guarantee any particular legal outcome because the circumstances of every case is different; however, you will quickly find outcomes which our clients experience regularly surpass typical financial settlements for other victims of auto accidents with similar case facts.

The Court of Appeal has clarified that that case depended on its own «quite exceptional» facts — there the circumstances were such as to make it appropriate to imply a right to park, because there was no other viable parking for W, and it was possible to park without interfering with O's use of the land.

When we start any lawsuit in Pasadena, TX, we have an idea of what is likely to happen or what the most probable outcome is, but personal injury cases have a way of often being unpredictable because of a variety of circumstances and lesser experienced law firms or attorneys can find themselves in a situation like an experienced sailor in rough seas, to use an analogy, where they are lost and unsure of what the next step is at a time when decisive actions are required to reach the best possible outcome.

Because each situation is different, and the phrase «white collar crime» covers a wide variety of financial crimes, we tailor our legal solutions to the individual circumstances and facts of each case.

However, because the extent of the business owners» duty and whether they failed to meet is rarely clear cut and depends on the circumstances of each case it is important to consult this Covington premise liability attorney as soon as possible.

14.1 (1) If, in an establishment in which any of the employees are represented by a bargaining agent, the employer or the bargaining agent is of the view that because of changed circumstances in the establishment the pay equity plan for the bargaining unit is no longer appropriate, the employer or the bargaining agent, as the case may be, may by giving written notice require the other to enter into negotiations concerning the amendment of the plan.

'' [i] n the circumstances of this case... where the unfaithfulness and the untruthfulness in [the complainant's] statements to police were admitted, reading out the texts had the effect of conjuring up the first of the twin myths which section 276 is intended to prevent, that because of her prior sexual activity (here, her unfaithfulness) the complainant is more likely to have consented to sexual intercourse with the accused on the occasions as charged, being a woman (to use an old phrase) of easy virtue.»

In fact, it's odd that the Court has doubled up on such affirmances twice in the last five terms, because the Justices have mostly been able to avoid this circumstance of late: including the two most recent cases, it's only happened 10 times in the last 18 years.

Instead, the affirmative defense of privilege argues that even if the statement was defamatory, the defendant can not be held liable for it because the circumstances of the case show that the statement should be protected.

He is not in this business for the money, I can attest because he has gone out of his way to work on my case and when the dust settled (due to unfortunate circumstances not his effort), he personally made enough to feed a golden retriever for a year.

The charter of the Warren bridge, it is said, was not hastily granted; that all the circumstances of the case, year after year, were duly examined by the legislature; and at last, the act of incorporation was passed, because, in the judgment of the legislature, the public accommodation required it; and it is insisted, that the grant to the complainants was necessarily subject to the exercise of this discretion.

Because the laws pertaining to motorists» responsibilities with respect to bicyclists are so specialized, it is crucial for anyone involved in a bicycle accident to consult with a Bardstown bicycle accident attorney with knowledge of the applicable regulations and laws and how they affect the circumstances of a case.

However, there are cases when a paying parent's obligation can be adjusted because of a change in circumstances.

While there is no «average» settlement for a hip injury because every case has different circumstances, GJEL has recovered millions of dollars for clients who have received a hip injury due to someone else's negligence.

When we are involved in cases that include juvenile dependency, and extenuating circumstances concerning their care, because of:

This 8:1 decision the Supreme Court of Canada has upheld a Human Rights Tribunal decision that a cocaine addict in a safety - sensitive job, who was fired for violating the employer's policy by failing to report his addiction and then being involved in an accident, was not fired (on the facts of the particular case) because of his disability but rather because he violated the policy under circumstances where it was entirely within his capacity to comply with it.

Because these cases are so complicated, our Denver product liability attorneys will work diligently to ensure that all circumstances and facts of your case are thoroughly investigated.

Judicial discretion remains and thankfully so because there are cases where a party's circumstance or contribution demands an adjustment or detraction from the overriding requirement of equality, provided that in itself would not be discriminatory or unfair.

Stadlen J said the allegations against Bonhoeffer: «Could hardly be more serious... If proved, they would have a potentially devastating effect on his career, reputation and financial position... not only is this a classic case of one person's word against another but because the other alleged victims live in Kenya, neither the claimant nor the FTPP nor the GMC has any legal power to compel their attendance... It is hard to imagine circumstances in which the ability to cross-examine the uncorroborated allegations of a single witness would assume a greater importance to a professional man faced with such serious allegations.»

That is because the case, R (Unison) v Lord Chancellor [2017] UKSC 51, arises out of circumstances that are fundamentally similar to those of the Supreme Court of Canada's decision in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, [2014] 3 SCR 31.