Sentences with phrase «exercise of judgment»

Rix LJ cited with approval a passage in De Smith's Judicial Review (6th edition, 2007, at paras 10 - 065ff) and headed: Policy and Bias, which noted that decision - makers are entitled «to exhibit certain kinds of bias in the exercise of their judgment or discretion on matters of public policy» and while ordinary members of legislative bodies are «entitled, and sometimes expected, to show political bias» they of course ought not to show personal bias or participate in decisions on a matter in which they have a private pecuniary or proprietary interest.
The majority of situations require a necessary exercise of judgment when determining what should and should not be included in affidavit materials before the court.
Also, candidates must obtain strong marks in legal analysis, writing, oral communications, negotiating ability and the sound exercise of judgment, and so on.
The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.
Lord Justice Moore - Bick viewed this situation as one the «court will not readily interfere with» as the «judge's decision in a matter of this kind involves an exercise of judgment».
«All that being said, [AI] is just a tool and it doesn't replace the core legal function, which is the exercise of judgment,» said Kosa.
We find no error in her exercise of judgment» (at para. 31).
However, a municipality is immune from liability if that negligent act or omission requires «the exercise of judgment or discretion as an official function of the authority expressly or impliedly granted by law.»
The Veterinary Innovation Council adopted a statement of principles that provides for the exercise of judgment by the veterinarian to determine whether she has enough information from digital tools to launch a veterinarian - client relationship.
Roberts further wrote that courts should give «deference» to the «expertise and exercise of judgment by school authorities.»
For if my ethical response to the sorrows of another precedes my exercise of judgment, I respond in the same way to all ostensible sorrows, whether authentic or not, self - indulgent or not, self - caused or not.
He had an official duty to exercise, one that required the exercise of judgment.

Not exact matches

Witnesses repeatedly criticized IFRS for stripping auditors of their ability to «exercise prudent judgment» — which is another way of saying it gives management wide discretion when reporting financials.
So using a set of criteria and exercising judgment on a program - by - program basis is really essential if you're going to get results.
We don't know, but for important institutions we need a high level of certainty that key decision - makers are exercising their judgment in the interests of those they serve, rather than themselves.
In particular, when you applaud the exercise of autonomous judgment or freedom by some individual, group, or company, ask whether you would still applaud it if the individual, group, or company had values different from your own.
Get outside of your normal routine by learning a new hobby, reading a different book genre, or striking up a conversation with a complete stranger (exercise judgment on this one).
But the decision to prosecute people for their lies is a matter of judgment, and it is by no means clear that the relevant officials have always exercised good sense.
At the end of each MPR we highlight several risks to our forecast — issues that require the Governing Council to exercise judgment.
«It's clear that the Kremlin will use any means at its disposal to spread propaganda and misinformation, and we each bear some responsibility for exercising good judgment and a healthy amount of skepticism when it comes to the things we read and spread on social media,» Warner said.
The basic responsibility of directors is to exercise their business judgment to act in what they reasonably believe to be the best interests of the Company and its shareholders.
For a director to be deemed «independent» within the meaning of the Nasdaq rules, the Board must affirmatively determine, based upon information provided by the director or otherwise known to the Board, that the director has no relationship with the Company that would interfere with the exercise of independent judgment in carrying out the responsibilities of a director.
Given the absence of a public trading market of our common stock, and in accordance with the American Institute of Certified Public Accountants Accounting and Valuation Guide, Valuation of Privately - Held Company Equity Securities Issued as Compensation, our board of directors exercised reasonable judgment and considered numerous and subjective factors to determine the best estimate of fair value of our common stock, including independent third - party valuations of our common stock; the prices at which we sold shares of our convertible preferred stock to outside investors in arms - length transactions; the rights, preferences, and privileges of our convertible preferred stock relative to those of our common stock; our operating results, financial position, and capital resources; current business conditions and projections; the lack of marketability of our common stock; the hiring of key personnel and the experience of our management; the introduction of new products; our stage of development and material risks related to our business; the fact that the option grants involve illiquid securities in a private company; the likelihood of achieving a liquidity event, such as an initial public offering or a sale of our company given the prevailing market conditions and the nature and history of our business; industry trends and competitive environment; trends in consumer spending, including consumer confidence; and overall economic indicators, including gross domestic product, employment, inflation and interest rates, and the general economic outlook.
Our board of directors has undertaken a review of the independence of each director and considered whether any director has a material relationship with us that could compromise his or her ability to exercise independent judgment in carrying out his or her responsibilities.
Fiduciaries are solely responsible for exercising independent judgment in evaluating any transaction (s) and are assumed to be capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies.
The use and interpretation of the Services requires skill and judgment, and you shall at all time exercise your own judgment in the use of the Services.
Since sensitive information can sometimes be publicly relevant, exercising judgment is always part of the journalist's profession.
The Board has determined that nine of our 11 current Directors (or 82 %) are «independent directors» within the meaning of applicable regulatory and stock exchange requirements in Canada and the United States, as none of them have a material relationship with the Company that could interfere with their exercise of independent judgment.
They can say that they are acting in a constitutional spirit, exercising the kind of judgment that is appropriate to the legislature in foreign policy, and no more.
The same equivalence between exercising justice and mercy and the knowledge of God is manifest in Jesus» vision of the judgment of the nations by the Son of Man (Matt.
Second, these children and infants were expressly judged and executed for the acts of their parents in direct contradiction of the basic Christian tenet of divine judgment based on an exercise of free will to choose evil or reject god.
As Charles Wood points out in Vision and Discernment, [4] inquiry always involves both capacities for «envisioning» (making synoptic judgments) and capacities for «discernment» are exercised directly in regard to concrete practices of Christian congregations.
One almost infallible sign of the presence of caritas is the steady exercise of realistic judgment.
A «rational soul,» in Thomistic thought, is the summit of human faculties, which by exercising judgment is able to recognize the existence of God and, ultimately, to receive divine revelation.
Giving magisterial authority to the death penalty, Pope Innocent III required disciples of Peter Waldo seeking reconciliation with the Church to accept the proposition: «The secular power can, without mortal sin, exercise judgment of blood, provided that it punishes with justice, not out of hatred, with prudence, not precipitation.»
When the process of transmission becomes conscious, the possibilities for exercising judgments are enhanced, and this is when narratives can be important.
In those cases the court deferred to the judgment of the Air Force that the free - exercise claim of a Jewish officer who wore his yarmulke on duty could not be accommodated; it deferred to the judgment of correctional authorities that the free - exercise claim of a Black Muslim to attend Friday afternoon religious services could not be accommodated; it deferred to the judgment of the Department of Agriculture's Forest Service that building a logging road through a national forest was necessary despite the damage to religious practices of Native American tribes in that area; it deferred to the Internal Revenue Service's ruling that Bob Jones University was not entitled to tax exemption because of its religiously motivated rule against interracial dating and marriage on campus; it deferred to the judgment of the secretary of labor that a religious community must pay its members the minimum wage for work they performed in the group's business although the members said they had religious objections to being paid for their work.
We have read the free exercise claims and arguments put forward by the prochoice lawyers in the current wave of litigation, and in our judgment, these claims would not be meritorious under even the most generous interpretation of free exercise rights under RFRA.
The courts must declare the sense of the law, and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would be the substitution of their pleasure to that of the legislative body.
Which of those among us hath negligently exercised such a grievous lack of judgment as to let in the above mentioned less interesting version of rain man?
Charitable judgment of others need not be exercised to the point of blindly entrusting to them what they are unable to appreciate or respect.
We need an interpretation of the Christian faith which can guide moral effort and sustain the exercise of social intelligence while it strengthens our hold upon the reality of God's judgment and His mercy.
A typical theology of judgment affirms that the ultimate judgment of a person's life, like the brother who committed suicide, is made by God, but that God exercises this judgment through Jesus.
Not sin, for it is thought of as a universal human attribute; nor forgiveness, for it is conceived as a mere event in the world of external objects, on which man by his very theories and proofs exercises judgment, asserting that divine forgiveness can and must be thus and so.
It shouldn't be surprising that apologists will defend biblical chattel slavery given they are equally willing to defend the slaughter of children and infants; completely disregarding any notion of judgment based on an exercise of free will, completely disregarding any notion of empathy for their suffering, and with complete rejection of any personal moral culpability in offering their various incarnations of a Nuremberg defense by placing their self - serving deference to perceived authority over any and all other moral considerations.
Your expectations can become an inner voice of judgment of you, your experiences God and the Exercises — a loud, demanding and cruel voice.
G. K. Chesterton famously explained final judgment in terms of God's response to the exercise of our own freewill.
In business, in the entertainment field, in journalism, young men will tell you that their exercise of independent judgment and their advocacy of «democracy» must fall within prescribed channels, it must be associated with «safe» political and economic doctrine — or else.
Of course that judgment may be exercised in the name of «efficiency» or «technological rationality,» but I think that those concepts are themselves much less monolithic and more open to personal and cultural interpretation than Hall seems willing to granOf course that judgment may be exercised in the name of «efficiency» or «technological rationality,» but I think that those concepts are themselves much less monolithic and more open to personal and cultural interpretation than Hall seems willing to granof «efficiency» or «technological rationality,» but I think that those concepts are themselves much less monolithic and more open to personal and cultural interpretation than Hall seems willing to grant.
The revolutionary social, economic, and intellectual developments in post-Civil War America stimulated within Protestantism attempts to develop a new prophetic ministry which would exercise critical judgment on the injustices which accompanied the radical changes of the period and would point the way to a new application of the gospel to the social needs of the time.
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