Sentences with phrase «determined by a merit»

If we look that the EDRM model which represents a conceptual view of the e-discovery process; the eDiscovery approach should be determined by the merits of the case (each of which will be unique)-- in other words there is «no cookie cutter approach».

Not exact matches

This variability in average costs within categories as well as the range of averages across categories, as measured by expense ratios, highlights why it's important to evaluate each investment opportunity on its own merit and, perhaps more importantly, to determine whether an investment is right for you.

Your life outcome isn't determined by who you were born to, but what you do on your own merits.

In the event that the panel should receive an application from a candidate who is required to make application to the panel by the Committee on the Judiciary pursuant to the last clause of sub-paragraph (3), the panel shall report such applicant as approved if the applicant's performance since the most recent panel report on that applicant merits continuation of such status and such applicant shall not be counted in determining the number of additional applicants to be reported as approved in accordance with the first sentence of this sub-paragraph (4).

(4) The independent panel shall report as approved for each judicial position all highly qualified persons who make application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make application to the independent screening panel pursuant to the provisions of sub-paragraph (3).

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

By using the new formula, which relies upon newly developed measurements for the figure of merit and power factor of a material — called the engineering figure of merit, or (ZT) eng, and engineering power factor, or (PF) eng — scientists will be able to determine whether devices based on a material would generate energy efficiently enough to be worth pursuing, said Zhifeng Ren, principal investigator at the Texas Center for Superconductivity at UH (TcSUH).

Committees of scientists decide on the merits of research proposals submitted by other scientists (from the same or related disciplines) and determine how much support each project deserves, if any.

Among those that are scored, relative merit score, budgets and NIH institute priorities, which vary by year and by institute, determine which applications are funded.

The Editor - in - Chief, on behalf of the Board, and in accordance with policies established by the Council, is responsible for the content and professional quality of Science, and will determine the merit, suitability, and presentation of material for the journal, taking into account recommendations of reviewers and referees.

Internal investigation by Academy of Motion Picture Arts and Sciences determined that «no further action was merited»

Every request for transfer is considered on its own merit, and determined on a case by case basis.

That contract then — which some critics in the union argued would amount to merit pay, a characterization you disagreed with, and argued under state law meant that bonuses would be determined in part by test scores — was it still the right move to sign that contract?

The results of standardized tests also should not, by themselves, determine whether a teacher gets merit pay, is fired or promoted, etc..

Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

Teacher merit, in this plan, was determined exclusively by student achievement gains on the Stanford Achievement Test or the Iowa Test of Basic Skills.

Any plan that determines merit by absolute achievement levels risks creating an incentive for teachers to leave behind students in low - performing schools or classrooms and head for the higher - performing hills.

No matter how thoroughly tested by the manufacturer, the merits — or lack of them — can be determined only under long - term driving conditions.

There are three basic kinds of college - related aid: merit - based scholarships, grants determined by need and loans.

To determine which companies merit more thorough analysis by our investment team, we read through the earnings releases and the conference call transcripts of the companies we've found in the initial screening.

So, comparisons to previous Devil May Cry games will be made in this review for obvious reasons, but ultimately the score and my final opinion on the game will be determined by DmC's own merits, as a standalone game, because I feel that's the fairest thing to do.

The financial value (if not the artistic merit) of such a work will be determined on March 8 at an auction held by Phillips de Pury & Company, where a painting of the «Colbert Report» host will be sold, Comedy Central said on Friday.

And more than that when what is deemed merit, is determined by a small influential group?

«The merits of each of Exxon's claims involve important issues that should be determined by a court, however, this Court is not the proper venue to rule on the merits of Exxon's claims,» Kinkeade wrote in his transfer order.

According to Freshfields Bruckhaus Deringer's Wolrad Prinz zu Waldeck und Pyrmont, who presented Apple's FRAND / antitrust arguments, Apple's antitrust - based affirmative defense, the merits which he says have been «factually determined by the European Commission», relates not only to injunctive but also monetary relief under German law.

Instead, the Illinois Supreme Court would sanction this circumvention of the tribunals set up to resolve internal church disputes and has ordered the Mother Church to reinstate as Bishop one who espoused views regarded by the church hierarchy to be schismatic and which the proper church tribunals have already determined merit severe sanctions.

An initial case evaluation by a Long Island accident lawyer can reveal the merits of your case to determine who can be held accountable, approximately what your case may be worth, and what the next logical step should be to seeking justice.

If we are able to determine that your case has merit, you can expect to be represented to the fullest extent by a skilled and compassionate New Canaan employment law attorney who is ready to listen to your side of the story.

Each claim was investigated by the ombudsman and determined on its merits.

By consulting our legal offices, we can determine if your case has merit and pursue legal action on your behalf.

1) That the test is whether there is a triable issue which, in the interests of justice, should be determined on the merits and not disposed of by an admission of fact.

While there is no absolute bar to suing a school when its employees fail in their duty to properly supervise students and provide a safe environment, any matter involving an injury at a school should be evaluated by an experienced personal injury attorney to determine its merits.

Companies will also have to demonstrate that recruitment to the board is based on merit against objective criteria and encouraged to improve risk management by making the board responsible for determining the extent of risk that the company is willing to take.

All claims will then be reviewed by the Board of Trustees to determine the merits of all claims, and the amount of any reimbursement.

Based on the summary provided by counsel for the defendants of the contents of the video I can not conclude that I will be prevented from determining the issue on the merits.

Under this procedure, the ICC Secretariat would serve as the custodian of a Sealed Offer which had been rejected and would not disclose it to an arbitral tribunal until after the merits and the quantum of the case had been decided and the tribunal was ready to determine who should bear the costs of the arbitration or in what proportion they should be borne by the parties.

By taking advantage of our free case evaluation, you can speak with a member of our qualified legal team who can discuss the circumstances regarding your firearm litigation claims, and determine whether your claims have merit.

Adoption by the Superior Court of a management protocol that will determine how the hearing on the merits will be conducted

But it isn't, necessarily — most public expenditures are determined by their own merit in competition with competing expenditures, not just on the basis that there is a special source of income to pay for it.

In order to determine a proceeding on its merits, the admissible evidence that is tendered by a party and is relevant to matters in issue should be considered.

Investigated allegations of non-compliance by probationers charged with crimes that are sexual in nature and determine if the violations merit arrest.

a merit selection process should be established to ensure members of the new body meet ethical standards and have the skills to perform their role — this process must be transparent and determined by Aboriginal and Torres Strait Islander people

Late answers are oftentimes accepted, since courts prefer to determine cases based on their merits rather than by default; but don't count on this.

FAMILY LAW — APPEAL — INTERIM PARENTING — Where there is nothing anomalous about the primary judge finding, by virtue of s 61DA (3) of the Family Law Act 1975 (Cth)(«the Act»), that it would «not be appropriate» to apply the presumption in favour of equal shared parental responsibility, while going on to make an order for equal shared parental responsibility ¬ Where it can be seen that the primary judge addressed what was necessary from s 65DAA of the Act, given the parameters of the dispute, and how the parties» respective cases were presented — Where the primary judge adequately and appropriately considered what she is obliged to in determining where the best interests of the children lie, bearing in mind that that consideration is framed by the parameters of the issues in dispute, and how each party has presented their case — Where there is no merit in the grounds of appeal ¬ Appeal dismissed.

the matters to be considered under s. 190B, while relevant to the merits of a claim, are not the same as the matters to be determined by the Court when giving judgment on a native title determination application;

If controversy arises as to entitlement to any awards, it shall be determined by a hearing in arbitration on the merits of all ascertainable facts in the context of the specific case of controversy.