Sentences with phrase «considered in this case rather»

No doubt questions will be asked about whether a deferred prosecution agreement could have been considered in this case rather than starting a prosecution.»

Not exact matches

In these cases, the difference between the bond's issue price (the discounted rate) and its face value would be considered tax - exempt income rather than capital gains.

When someone is accused of «cherry - picking» verses from the Bible, it means that they have a particular doctrine or idea they want to teach to others, and rather than considering «the whole counsel of God,» they pick a choose a few select verses from various books of the Bible which seems to prove their point or present their case in the strongest possible way.

But if, as physicalism claims, the physiological explanation is by itself a complete and thereby sufficient explanation, then there is no room for an explanation in terms of intentional psychology.1 Or, rather, that is the case if the two explanations are also considered independent, so that neither is reducible to the other.

Thus, in considering the influence of philosophical resources upon the development of theology in America, we do well in Dewey's case not to emphasize (as do most commentators) A Common Faith, but rather to attend to the earlier «nontheological» works: Studies in Logical Theory and How We Think.

Have you considered that for the most part, those scientific experments served some actual purpose likely to benefit humanity rather than being brual sacrifices to a supposed deity (in the Christian case) that ought to need nothing yet demands killing.

As you point out from the story of Eliashib, for those churches that consider the tithe an Old Testament mandate, then should not the tithe be used in the manner prescribed there, rather than for buying large properties, covering them with multiple buildings, and in the case of many megachurch pastors and associates, giving them six figure salaries that go far beyond providing for their needs?

I believe this is the case, especially when you consider how we created Christianity (NOT God) and the other religions and we formed many of our beliefs not on what God actually wants for us, but rather on what we, as humans, wanted for ourselves (which ended up resulting in the creation of sin).

In this case, the signage was considered an immovable — rather than a moveable — obstruction, but Thompson was unaware of the difference until an official gave her the bad news before she signed her scorecard.

In the case of Lynne Featherstone, people are choosing to mock the way she presents her complaint rather than to hear and consider its merit.

David Cameron is reported to be considering not proceeding with the boundary review at all, rather than see it voted down by Liberal Democrat backbenchers and Ministers who - in the latter case - he would have to dismiss.

Though it's set in the early 1970s and considers a freedom - of - the - press Supreme Court case involving coverage of the Vietnam War, The Post couldn't be a clearer affirmation of the Fourth Estate in the Donald Trump era — unless, possibly, it showed Richard Nixon tweeting his hatred for the media rather than spitting it into the phone in distant long shot, as director Steven Spielberg shows here.

In the case of their proposal to establish an institute of school leadership, we should carefully consider the message rather than get distracted and blinded by the messengers.

So far as the UK is concerned, I would say you definitely need to declare anything which makes the car illegal - but most sensible buyers who want a car to use (rather than one to break up for spare parts) would not consider buying an old used car without a recent MOT (safety) test certificate in any case.

Considering the RX has always shown a remarkable focus in terms of what it offers, this could be a case of the market adapting to the vehicle, rather than the other way around.

Publishers in these cases already have multiple formats in mind; digital, arguably, merely adds one more option or variable to consider rather than representing a fundamental shift in how comics are meant to be read.

A real estate loan to a sole proprietorship would be considered personal rather than commercial, and would put your personal wealth at risk in the case of default.

In this case, consider Kabbage as the lender requires monthly rather than weekly repayment.

In the case of immediate annuities and longevity annuities, you can get a sense of whether one annuity's costs are higher than another's by comparing the size of the monthly lifetime payments each makes for a given investment (although you'll also want to consider an insurer's financial strength rating rather than just pick the one with the highest payout).

Tell your card issuer you're considering a balance transfer, in which case you'll close the existing card, but you'd rather work with them to keep the account open.

Rather than do stretch goals, set reasonable goals in the first place and if you get more money than you expected, just consider it a cushion in case your expenses turn out to be more than you expected.

This is rather odd considering that, in most cases, the product is basically identical, and you would expect the Big Six to also be benefiting from economies of scale.

This exception was missing in many media reports: it did not consider a worst - case melting scenario, and stated that the biggest uncertainties don't concern the inevitability of the collapse, but rather the timing.

A non radiative atmosphere should not be considered a «bizarre case» but rather the base line for all modelling of levels of radiative gases in the atmosphere.

I think it's clear that if the same standard were applied in the Mann case, none of the allegedly defamatory statements are specific enough to be considered factual accusations rather than mere opinions.

But it is vital to consider the EIA Reference Case in its proper context, incorporating existing laws and policies rather than as a singular most likely case.&raCase in its proper context, incorporating existing laws and policies rather than as a singular most likely case.&racase.»

Instead, focusing on the equal footing criterion, the Court opted for a rather unpredictable ad - hoc approach, which might be considered beneficial for academics and people interested in EU law in general, since it generates more case - law, but which is surely not beneficial to legal certainty.

Maule doesn't advocate for teaching skills per se; rather, like Althouse, he endorses teaching about real cases, thinking about how how a particular analysis would impact clients or considering the ethics implications of a decision, instead of teaching ethics in the abstract, as a separate part of the curriculum.

I'm not sure I agree with Darryl that lawyers» practice areas ought to be influenced by their personality types; rather, I would suggest that their choice of practice setting should be considered in light of their introversion or extroversion (as the case may be).

In all applications in new cases after 1 October 2007 a judge rather than a nominated officer will consider and make a decisioIn all applications in new cases after 1 October 2007 a judge rather than a nominated officer will consider and make a decisioin new cases after 1 October 2007 a judge rather than a nominated officer will consider and make a decision.

«The public interest in securing the just, speedy, and inexpensive resolution of every proceeding would be served in this case more fully by considering the merits of the asserted ground of unpatentability based on Hideji rather than by denying consideration for reasons tied to Petitioner's previous failure to submit the requisite attesting affidavit.»

In the instant case, the tribunal did not really consider whether or not the facts amounted to occupation by the college, rather than (or in addition to) occupation by the company, because they simply lumped the two bodies togetheIn the instant case, the tribunal did not really consider whether or not the facts amounted to occupation by the college, rather than (or in addition to) occupation by the company, because they simply lumped the two bodies togethein addition to) occupation by the company, because they simply lumped the two bodies together.

For example, statements of opinion are not actionable and many of the alleged falsehoods in the McLibel case would be considered to be statements of opinion in U.S. law rather than statements of fact.

When one considers not only pages 301 - 2 but rather pages 141 - 2 and the entirety of the AMA Guides which provide no absolute prohibition on the use of percentage ratings for psycho - emotional impairments, it is clear that those Guides recognize it may be necessary to arrive at percentage ratings in appropriate cases in order to provide physicians with informed guidance.

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 abusIn 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 abusin abstract — which constitutes the criterion for the existence of an abuse.

In cases involving high - income earners, expenses that may not be considered reasonable for many people may, in context, be reasonable, so long as the award does not enter the realm of wealth transfer rather than support: Francis v. Baker, [1999] 3 S.C.R. 250; Sirdevan v. Sirdevan, 2010 ONSC 237In cases involving high - income earners, expenses that may not be considered reasonable for many people may, in context, be reasonable, so long as the award does not enter the realm of wealth transfer rather than support: Francis v. Baker, [1999] 3 S.C.R. 250; Sirdevan v. Sirdevan, 2010 ONSC 237in context, be reasonable, so long as the award does not enter the realm of wealth transfer rather than support: Francis v. Baker, [1999] 3 S.C.R. 250; Sirdevan v. Sirdevan, 2010 ONSC 2375.

Rather, in order to truly assess the effectiveness of your intake process, consider how many qualified cases you failed at signing (assuming you have the ability to run this type of report).

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

Yes, this looks a lot like the Pushpanathan list of factors, [14] but the difference is that these factors are being considered not to decide on the standard of review — correctness, reasonableness and patent unreasonableness — but rather to determine the extent to which the court should defer to an administrative decision in the context of a particular case and a particular question — that is, the range of options that are legally open to the decision maker.

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.

This case demonstrates that the court can view warnings given by manufacturers as the most significant factor in considering the reasonableness of the parent's decision, rather than the parent's own judgement.

These hearings focussed on the issues raised by Bill S - 4 and the Murray / Austin motion, rather than revisiting the much broader range of Senate reform and related constitutional issues that have been considered, in some cases repeatedly, over the years.

In Texas, I believe speeding is considered a Class C criminal offense (rather than a civil offense as in most absolute states); hence, they have to build the prima facie case against you and prove it beyond reasonable doubIn Texas, I believe speeding is considered a Class C criminal offense (rather than a civil offense as in most absolute states); hence, they have to build the prima facie case against you and prove it beyond reasonable doubin most absolute states); hence, they have to build the prima facie case against you and prove it beyond reasonable doubt.

In a society with extremely inexpensive communication, lower courts might chose to consider the arguments, but not the decisions, of one another, rather like a court might be interested in the decisions of a foreign court dealing with a new kind of casIn a society with extremely inexpensive communication, lower courts might chose to consider the arguments, but not the decisions, of one another, rather like a court might be interested in the decisions of a foreign court dealing with a new kind of casin the decisions of a foreign court dealing with a new kind of case.

For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.

Later in his judgment, he said: «when it comes to assessing the plurality of the aggregate number of relevant controllers and to considering the sufficiency of that plurality, the Commission may, and should, take into account the actual extent of the control exercised and exercisable over a relevant enterprise by another, whether it is a case of deemed control resulting from material influence under section 26 or rather one of actual common ownership or control.»

However, many critics fail to consider that in many cases where term life insurance is denied for health reasons, mortgage life insurance is still available (this does not guarantee that you are covered, but rather you're allowed to pay the premium of the insurance, the financial institution holds the right to deny the claim.

As I've mentioned in previous tablet reviews, the camera setup on a tablet is often a requirement rather than a defining feature, and that continues to be the case here with the 8 MP rear shooter of the Tab S 8.4, even when you consider that this is meant to be a flagship tablet.

The size of the CfC impacts on most outcomes was small, but can be considered positive relative to what was observed in the early phase of the UK Sure Start evaluation.3 The current results are also comparable in size to those found in the later impact evaluation of the Sure Start programme, in which 3 - year - old children were exposed to mature SSLP throughout their entire lives.4 Reviews of the effectiveness of early childhood interventions have found that most studies reported effect sizes on parenting and child outcomes that were small to moderate.14 15 When comparing CfC and SSLP with other interventions, it is important to remember that the evaluations of these interventions measured effects on an entire population, rather than on programme participants, as is the case in the evaluation of many other interventions.

Rather, in typical PA cases the victimized parent is considered to have provided normal and loving parenting.