Sentences with phrase «circumstances of your case when»

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.

Not exact matches

«When the Church, through your service, sets about to declare the truth about marriage in a concrete case, for the good of the faithful, at the same time you must always remember that those who, by choice or unhappy circumstances of life, are living in an objective state of error, continue to be the object of the merciful love of Christ and thus the Church herself.

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.»

That is the case with the word na'ar which means, literally, «independent male» and refers to a young man, but is also used as a word picture in rare circumstances to convey an unnatural independence when referring to an infant or young child who has been «ripped away» or become unnaturally «independent» from the nurturing presence of a parent.

I wished that the Chief Justice under this circumstances in my candid opinion could speak to the two members of parliament involved directly with signs of remorse especially when the merit of the case is NOT determined so that they can feel comfortable appearing before her in court otherwise this may NEGATIVELY affect the morale and confidence and trust of the two MPs in the process especially in the CJ going forward and it may lead to a discontinuation of the case since it's only dismissed on technical grounds but not on its merits.

Tax rates on capital gains (and for parts of the history of the corporate tax, on dividends) have been preferential on the assumption that they largely reflect gains that are already taxed (and exceptions to favorable tax rates like depreciation recapture impose higher rates in circumstances when double taxation isn't a factor in most cases).

Schneiderman's directive instructs the district attorneys to investigate when an unarmed civilian dies at the hands of law enforcement or when there's a «significant question raised» as to whether that was the case, as each D.A. determines is «appropriate under the circumstances until such time as you are directed otherwise in writing by the Special Prosecutor.»

«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.

Magicka 2 is fun in the right circumstances - i.e. when you've a friend or three in tow - but even then it's a case of an all - too - familiar experience to the first game.

The court said it would use a police - brutality case from Oklahoma to re-examine the issue of under what circumstances local governments can be held liable when one of their employees violates a person's constitutional rights.

The all - wheel drive takeoff is from a clutch pack in a transfer case at the back of the gearbox and although the car is rear - drive in most circumstances, in default all - wheel drive mode, torque can be sent to the front pre-emptively when the car thinks the extra traction will help, or in response to rear slip.

And Joe faces a major - league crisis in his rookie year as game warden: when three elk hunters are killed under suspicious circumstances (one of them dies in the warden's backyard, apparently on his way to deliver something), Joe can't understand why his colleagues seem to want to sweep the case under the rug.

Forbearances are granted at the lender's discretion, usually in cases of extreme financial hardship or other unusual circumstances when the borrower does not qualify for a deferment.

A drastic change of living circumstances, an owner passing away or they may be unable to look after them due to illness and sadly, it is still the case that some people just abandon their dogs when they think they've had enough.

Most cases presented begin with the development of a case history that includes information on the animal, including species, age, sex and reproductive status; when did the problem behavior first appear, frequency, and circumstances; the presence of antecedent stimuli, apparent target of the behavior and result.

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.

Of course when the purpose of invoking Chaos is to show something can't be predicted anyway, showing that quantum mechanics makes even chaos uncertain may be considered to be a case of gilding the lily, but it might have practical application in certain circumstanceOf course when the purpose of invoking Chaos is to show something can't be predicted anyway, showing that quantum mechanics makes even chaos uncertain may be considered to be a case of gilding the lily, but it might have practical application in certain circumstanceof invoking Chaos is to show something can't be predicted anyway, showing that quantum mechanics makes even chaos uncertain may be considered to be a case of gilding the lily, but it might have practical application in certain circumstanceof gilding the lily, but it might have practical application in certain circumstances.

Although our experiments showed that familiarity does not lead to a backfire effect in some cases where strategic processes are compromised (i.e. in older adults, when little detail is provided about why the misconception is incorrect, after a long period of time between encoding the retraction and recalling it), our studies do not address whether familiarity backfire effects occur in other circumstances.

When upon stopping a person under circumstances prescribed in subdivisions one and two a police officer or court officer, as the case may be, reasonably suspects that he is in danger of physical injury, he may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law - abiding persons.

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.

(3) In the case where an immediate appeal against a ruling has been lodged, and only when there is prima facie evidence showing that there are circumstances that will cause the revocation of the protection order, an appellate court may order, upon a petition, the suspension of the validity of the protection order until the judgment on the immediate appeal against a ruling has come into effect.

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

When discussing how common this situation is, Debra explains that approximately 2 % of divorce cases are actively contested to hearing and she has had experience in representing clients in these circumstances.

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:

On top of that, when parties settle their respective rights by way of an agreement, they are taking control of the outcome of their case and, in some circumstances, could potentially come up with resolutions that a court might not have the jurisdiction to make.

The court is to have regard to all the circumstances of the case including: the withdrawal grounds relied on and whether or not new evidence has come to light which was not available when the admission was made; the conduct of the parties including any conduct which led to the admission being made, any prejudice that may be caused if the admission is withdrawn and if withdrawal is refused, the stage in the proceedings at which the application to withdraw is made, in particular in relation to the trial date; the prospects of success (if withdrawal) for the claimant; and the interests of the administration of justice.

In the leading case of R. v. Mentuck, 2001 SCC 76, Justice Iacobucci set out the circumstances when a publication ban could be ordered:

He adds: «Now when somebody calls and says, «I'm innocent, I'm innocent, I'm innocent,» you may well decide in the circumstances of the case to say to the client, «I'm going to put the phone down, you go tell that to the police and make sure they're videotaping it.

He held that the application judge erred by making the intrusive order when there was no basis in the pleadings to be able to judge whether the order was necessary to enable the case to be disposed of in accordance with the principle of proportionality — i.e. in a manner that is fair, efficient and cost effective as judged in relation to the nature and circumstances of the particular case.

When considering whether to exercise this discretion, the court must consider all the circumstances of the case including six factors:

These dangers may be overcome on the basis of corroborative evidence if it shows, when considered as a whole and in the circumstances of the case, that the only likely explanation for the hearsay statement is the declarant's truthfulness about, or the accuracy of, the material aspects of the statement.»

In Colorado, the statute of limitations is two years for most cases, though there are particular circumstances that can affect when this time period starts, therefore, some lawsuits will have a longer or shorter amount of time.

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.»).

When you do so, you will be instantly connected with someone who can review the circumstances of your case and discuss all of your legal options in detail.

The Crown will agree to a bail variation in a variety of circumstances, the most common of which is when the complainant in the case agrees to the variation.

When working these cases, regardless of the circumstances involved, our attorneys work tirelessly to ensure that victims and families obtain a maximum recovery of their damages.

Moore Blatch clinical negligence partner, Sarah Stanton, who is dealing with a number of cases involving primary care providers and out of hours services, comments: «This tragic case highlights the circumstances when what can seem a routine problem ends in tragedy.

[83] When considering the circumstances in which the confession was elicited in this case, the trial judge placed particular emphasis upon the conduct of the interrogation and the personality of the accused in finding that it was not particularly coercive.

Therefore, when children are involved in personal injury cases, there are a variety of special rules for liability and compensation that could apply, depending on the child's age and the circumstances of the -LSB-...]

In contrast to the Irish Department of Social Welfare, the Court of Justice of the European Union answered this question positively in the Gusa - case of 20 December 2017: EU law also protects the self - employed when they cease work due to circumstances beyond their control.

In the case of explosives the practical military experience of making and testing improvised explosives devices, (at times when such activity was authorised by the Secretary of State for Defence), having instructed others in the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matters.

Briefly, the doctrine of Younger abstention provides that a federal court may abstain under certain circumstances from decided a case or controversy when a state judicial proceeding is pending.

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 outcWhen 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 outcwhen decisive actions are required to reach the best possible outcome.

While the Baylor University decision does not answer the question of when and in what circumstances the Board will recognize an employer's right to lawfully require confidentiality in settlement agreements and other agreements that where they would have been found to interfere with employees» Section 7 rights, the tea leaves more than suggest a change in Board law as soon as the Board returns to five members and an appropriate case is before the new majority.

... 202 When a matter before the Appeal Tribunal is, by this Act or any other enactment or by any rule or decision of the Tribunal, required to be done within a specified time and if the circumstances of the case in its opinion so require, the Tribunal may, with or without notice, extend the time so specified or waive the requirement whether or not the time has expired.

When it decided the Persons Case in 1929, the Judicial Committee of the Privy Council described our Constitution as a «living tree» which would grow and adapt to changing circumstances and values.

Therefore, when children are involved in personal injury cases, there are a variety of special rules for liability and compensation that could apply, depending on the child's age and the circumstances of the case.

While the Court acknowledge that an employer's poor financial circumstances might be the reason for termination, it is not relevant to the determination of reasonable notice in a particular case: «they justify neither a reduction in the notice period in bad times nor an increase when times are good.»

Reaffirmation agreements are not required in bankruptcy and are totally voluntary, and there may be certain circumstances when they make sense, such as in the case of a borrower who has inadvertently received federal Title IV loan funds in excess of an annual or aggregate loan limit and wishes to regain eligibility for additional Title IV aid.

The Court of Appeal agreed unreservedly with this reading of CPR 36.14 (1), emphasising that it accorded with «the modern approach to litigation» and permitted the court to examine all the «facts and circumstances of the case» when considering whether or not an offer had been beaten.