Sentences with phrase «facts of a particular case»

However, the Supreme Court has recognised that there is no way to prescribe an exhaustive list of factors relevant to this issue, as they are of necessity based on the specific facts of a particular case.

Whether using fully autonomous military drones is morally permissible will thus turn on the facts of the particular case» e.g., how effective such drones are in killing the enemy, how accurately they distinguish between combatants and non-combatants, and so on.

At issue is whether OCR should launch «systemic reviews» when investigating discrimination complaints, or stay focused on the facts of a particular case.

For example, depending on the facts of a particular case, an adverse impact may include, but is not limited to, instances where students of a particular race, as compared to students of other races, are disproportionately: sanctioned at higher rates; disciplined for specific offenses; subjected to longer sanctions or more severe penalties; removed from the regular school setting to an alternative school setting; or excluded from one or more educational programs or activities.

The facts of the particular case will determine dischargeability.

Certainly, reasonable fiduciaries are not expected to take a daily accounting of all investments, and thus the reasonable discovery of an imprudent investment may not occur until the systematic consideration of all investments at some regular interval... However, the facts of this particular case present an extreme situation.

It rejected the appellant's contention that the Convention itself had direct effect in domestic law but accepted that in order to give effect to Council Directive 2004 / 83 / EC which does have direct effect, the presumption as to whether a crime was particularly serious must be rebuttable by reference to the facts of the particular case.

We stand beside you every step of the way, to present the facts of your particular case and win the benefits you deserve.

The accomplishments and results portrayed in those matters were dependent upon the facts of those particular cases, and results will differ if based on different facts.

However, as indicated in the article Calculating Spousal Support, the Guidelines are just advisory guidelines, not law, and courts have discretion to follow or depart from them, depending on the facts of each particular case.

Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee.

We believe that a significant consideration in the outcome of a total disability claim is not only the facts of the particular case but also the effort and experience of the lawyer representing the injured worker.

Indiana has several wrongful death statutes that may apply, depending on the facts of a particular case, including what are commonly referred to as the Adult Wrongful Death Act and Child Wrongful Death Act.

However, once born, the child does have a legal personality and, on the facts of the particular case, it was felt a conviction for manslaughter would have been legally sound (had the jury been satisfied as to causation).

This would (as is so often the case in family proceedings) depend upon the facts of a particular case.

In reaching the conclusion that Frontline was bound to pay a penalty, the Court dismissed Frontline's invitation to modify the language of Article 18 and to imply a judicial discretion as to whether a penalty should be ordered on the facts of each particular case and / or the amount of any such penalty.

Of course, after Rita, a district judge surely would have discretion, in the course of «exercising his own legal decisionmaking authority» to explain why he or she believes that, on the facts of a particular case, a defendant's sentence should be within or even above the current crack range.

The proposed exception is so broad and its terms are so vague that no one will really know how it might be applied to the facts of any particular case.

Collateral consequences related to immigration may be relevant in tailoring the sentence, but their significance depends on and has to be determined in accordance with the facts of the particular case.

The system uses the facts of a particular case, along with the expertise and problem - solving techniques extracted from attorneys and claims adjusters, to produce a dollar value for the case.

Usually, multiple theories will be included in a lawsuit filed against a dealer — which ones depend on the facts of each particular case.

Until courts provide further guidance on the issue, lawyers and their clients will continue to weigh the relative merits of each type of proceeding in the context of the facts of a particular case to determine the most cost sensitive and strategically effective route to adjudicate these types of claims.

Depending on the facts of a particular case, accountants can be liable to not only the firm that they are performing services for, but also other businesses or individuals that relied on their audits to their detriment.

Often, these principles directly contradict one another when applied to the facts of a particular case: it is easy to imagine, for example, how the goal of rehabilitating the offender may urge a very different sentence from the goal of denouncing particularly serious conduct.

It distinguishes PIP and UM claims based on their inherent elements, rather than the facts of each particular case.

This case illustrates that the determination depends on the facts of each particular case.

The preliminary reference procedure is an excellent tool in this respect, because the highest courts are less bound by the facts of the particular case and are asked to provide a general legal framework, which can and has to be applied by lower courts.

The facts of a particular case may suggest that a motion to set aside an administrative dismissal will be hotly contested, with no guarantee of success.

Before granting funding, the LSC will now consider the facts of each particular case and judge whether it is an appropriate case to «realise the benefits» that may flow from a successful outcome.

Every case is unique in terms of its facts, circumstances, and in the application of the facts of any particular case to the law.

The results portrayed in those matters were dependent upon the facts of those particular cases, and results will differ if based on different facts.

Although Courts will sometimes order insurers to defend or pay claims, the Court's decision will inevitably depend upon the precise wording of the applicable policy, and the facts of the particular case.

Put differently, the trial judge is not obligated to formally balance the length and quality of service with the nature and severity of the misconduct in determining whether there was just cause to dismiss, though it may be appropriate on the facts of a particular case to engage in just such an analysis.

the trial judge is not obligated to formally balance the length and quality of service with the nature and severity of the misconduct in determining whether there was just cause to dismiss, though it may be appropriate on the facts of a particular case to engage in just such an analysis

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.

But, of course, the Judges Act would be trumped by the Constitution in the case of a conflict, and the question whether a brief stay on the Quebec courts allows a federal court judge to circumvent the criteria in the Supreme Court Act is one that can only be assessed on the facts of a particular case.

So, again, in an over-simplified example, a court might announce that «the sky is green,» and conclude that under the facts of the particular case, a particular result is warranted.

As a consequence, if on the facts of the particular case as ultimately determined by the lower court, the differential treatment had no justification other than that of marital status, it was capable of amounting to impermissible discrimination.

The court's approach is discretionary and dependent on the facts of each particular case.

The time within which such a claim must be brought is, therefore, literally indefinite but may be short on the facts of a particular case.

Whether or not they are meritorious depends on the facts of a particular case.)

the Court held that while: «practice guidelines» may be generally respected and therefore relevant considerations in the Court's assessment of the standard of care, they are not intended to, and do not determine the legal standard of care that the Court will impose on a medical professional, especially where there is expert opinion evidence on the standard of care with reference to the facts of the particular case.