Sentences with phrase «facts of the case before»

«The point is, we've looked at the facts of this case before us and we've applied the law and the tests that parliament said — and we've come to a very clear conclusion in this matter.»

Whether they will apply those rulings depends on a number of things, but primarily on whether the material facts of the case before them are the same as those of the case being considered.

[2] The facts of the case before me are relatively straightforward.

The silver lining in this decision is that the application judge restricted his decision to the particular facts of the case before him, explaining that «this ruling is meant to apply only to the narrow factual situation before the Court; it is not to apply more broadly to allow any insured to obtain interest on amounts left unapplied for after 104 weeks.»

In the meantime it is a case that may well cause Coroners and Clinical Negligence practitioners to pause for thought about whether the particular facts of a case before them might result in not just a finding of «mere» negligence, but of a violation of Article 2 to boot.

However, the ratio of their Lordship's decision can plausibly be seen as no more than the application of existing legal principles to the facts of the case before them rather than the establishment of any significant, new law.

When a couple separates and has an outstanding loan from a family member, the court will look closely at documentary evidence and the facts of the case before deciding whether it is a debt that might reduce net family property, Toronto family lawyers Lisa Gelman and Margie Primero write in The Lawyer's Daily.

When a couple separates and has an outstanding loan from a family member, the court will look closely at documentary evidence and the facts of the case before deciding whether it... Read more

Not exact matches

The president then alleged that Obama bypassed a court rejection in order to carry out the wiretapping, before suggesting that a «good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!»

Key Facts: Joint filer with a Schedule C business has a standard deduction of $ 24,000 Business gross income of $ 130,000 Business expenses of $ 30,000 Net profit from business $ 100,000 (qualified business income) Spouse works and makes $ 70,000 Above - the - line deductions of $ 7,500 for deductible portion of self - employment tax and $ 20,000 for SEP IRA contribution Analysis: Taxable income before application of pass - through deduction = $ 118,500 In this case, the taxable income of $ 118,500 is greater than the qualified business income of $ 100,000.

In the case of Carter Page, the government had at least four independent opportunities before the FISC to accurately provide an accounting of the relevant facts.

There is plenty to unpack here when it comes to the legal implications of those alleged coverups, but the fact that both cases describe such similar events before either of them became public suggests this story isn't going away.

The seriousness of the problem is revealed by the fact that, although Trinity Lutheran has come before the Supreme Court as a free exercise and equal protection case, the Blaine Amendments most centrally collide with the Establishment Clause.

The facts of the case may never have been considered before, and the judge may have no explicit rule of law, no precedent, and no act of Parliament to guide him.

Against Goldhagen, Littell wants to defend «senior scholars» who have spent decades pressing the case for serious research of the Holocaust «long before any young writer or eager publisher could capitalize on the brute fact that today «there's no business like Shoah business.

One defect in the theory of purely external relations is that we do in fact usually talk as though events depend on what happens before but not on what happens afterwards; we do talk as though asymmetry is the case.

For if he could speak at all, he might have spoken long before, and the weakness in this case would consist in the fact that he did not possess the maturity of spirit and the concentration to think in advance the whole pain but had thrust something away from him, so that the actual pain contained a plus over and above the thought pain.

Is it not the case in fact that the Maoists are right in insisting on changing the basic material conditions of life before attempting the subtler cultivation of character through interpersonal rhythms and that the traditional approaches of both Confucianism and Taoism were counterrevolutionary?

This does not explain that Christ was the lamb slain before the foundation of the world, nor the fact that the analogy of a last will and testament requires a death which in Jesus» case certainly involved the shedding of blood.

ACCC Chairman, Graeme Samuel, noted that the ACCC had» taken into account the fact that Virgin Blue and Etihad currently do not operate any competing services, as well as the lead time required to market and sell tickets before the commencement of long - haul services» (which was not the case in respect of the recently denied authorisation for a proposed alliance between Virgin Blue and Air New Zealand).

In fact, in many cases they're off and running before anybody else is even thinking of dropping the clutch.

Thiriez, a lawyer by trade, highlighted the fact the ruling would «delay the case being heard,» with a court hearing — if one should happen — unlikely to be scheduled before the end of next summer's World Cup.

In fact, feeding goat's milk to babies, especially before one year of age, can cause serious complications and, in severe cases, death.

But before that could happen, all my beliefs about child birth had to change and I had to come face to face with the fact that I had bought into an embarrassing amount of crap, and that — at least in some cases — I should have known better.

Making kids take fruit / veg is no doubt a contributor to food waste, but letting them skip it every single day, as was often the case before the HHFKA, teaches kids that those foods are not necessary parts of a meal when, in fact, we know we should be filling at least half of our plates with those foods.

In my case my not having to get out of bed, my husband continuing to sleep, the security I feel I am giving to my baby, the fact that I respond to the baby before s / he cries, shorter feedings, more sleep, the pleasure of having the baby near me all night, and an increased period of infertility, are not enough to counter a possible increased risk of SIDS that is unlikely to be backed up by future studies.

Excuses include: For Corbyn, he hadn't seen the mural before opposing its erasure, Christine Shawcroft's is likewise that she didn't see the holocaust denial post before defending the person who made the post, for Alan Bull, he was only sharing it rather than endorsing it, and he's dyslexic, for Ken Livingstone that he was only stating historical facts, none yet for Roy Smart apart from a case of mistaken identity.

«The outcome of this GCM must therefore be based on careful appreciation of the whole facts of each case and evidence placed before you in the course of trial of these accused persons.

«The fact is, no prosecutor should be critical of anybody until the case goes before the grand jury.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

«We welcome constructive criticism but before you criticise, please take your time to make sure you know what you are talking about otherwise you would be sadly exposed as being ignorant of simple facts as in this case.»

In fact, since appearance of the contemnors before the Supreme Court (SC), their subsequent summary trial (if there was one), conviction and the fines imposed on all in addition to the jailing of the infamous Gang of Three, the case has generated a lot of debate amongst Ghanaians in and outside Ghana.

He added, «Since Mr. Ayo Fayose has not paid attention to the fact and circumstances of the case, I advise him to study my explanation that the house in question is a subject matter of a pending suit before the Federal High Court and that the house has been forfeited to AMCON in the interim.

Go and check your record, people never kept quite on Oyo case in fact the National Assembly took the same position to take over the state house of assembly then before the 2 warring factions of the Oyo assembly rush to reconcile themselves to forestall taking over of the house by National Assembly then.

And if King doesn't get the slot, it will be another case of jumping before he has all the facts.

In fact, only 14 Zika cases had ever been described in the medical literature until an explosive outbreak occurred in 2007 on Yap, an island in the Federated States of Micronesia, where it had never been seen before.

Dr Burgess said: «One of our reasons for writing up this individual's case was that we had never seen anything like this before in our assessment clinics, and we do not know what to make of it, but felt an honest reporting of the facts as we assessed them was warranted, that perhaps there will be other cases, or people who know more than we do about what might have caused the patient's amnesia.

During the hearing, Senator Sheldon Whitehouse (D — RI) asked Sessions how he would approach «making a decision about the facts of climate change» if a case before the Department of Justice required it.

This fact makes the LCSB scientists» results of extraordinary interest to Parkinson's researchers worldwide, as Schwamborn stresses: «On our new cell cultures, we can study the mechanisms that lead to Parkinson's much better than was ever the case before.

Scientists are often accused of being boring or negative when they don't want to accept so - called «facts» without seeing the evidence — but cases like the «cane toads in East Timor» and the «toad eating frogs» remind us that popular stories about toads are often inaccurate, and it's worth finding out what's really going on before accepting such stories at face value.

In fact, a 62 - year - old man from Singapore who was taking the drug was detained at airport customs for four hours before US immigration officers «were satisfied that he was not a security threat,» Dr. Eng - Huat Tan of the National Cancer Centre in Singapore and his colleagues report in a case study published in the Annals of Oncology.

Social media has done much to bring back that sense of fashion - model ubiquity, but it doesn't change the fact that the models snapping those Insta stories are the body - type equivalent of the one percent (and, in the case of Jenner and the Hadids, who were famous and wealthy before they were models, they're also the actual one percent).

I am determined to make it spring outside... I am over the slushy sidewalks, constant fear of snow screwing up my commute and the fact that it makes me sleepier than usual (case in point I am practically falling asleep while writing this... in case you didn't know, I write my posts the night before they are published... 9/10 times I am wrapped in a towel with wet hair laying on my bed having the constant battle in my head of whether to write the post or pass out... clearly we see what won... writing the post haha) I LOVE color year round, so it's no surprise that for one of the freezing days at NYFW I decided to wear shades of white, blue and black (all I am missing is gold and it could potentially be #The Dress... seriously didn't understand that whole craze for all of 24 hours haha) Anyways... Back to what I am wearing and how it can transition perfectly into the spring.

The fact that Dominika is told early on that her «body belongs to the state» — which was the case long before she started training to be a spy — makes her the object of constant leering, and that male gaze gives «Red Sparrow» a skeevy vibe from which it never deviates.

At its core, Bad Santa is a mix of heist flick and a black comedy, with Thornton (Intolerable Cruelty, Bandits) playing Willie, a man who has no interest in being a mall Santa, save for the fact that it allows himself and his diminutive elf assistant (Cox, Date Movie) some time to case the place for a safe and figure out a way to crack it before Christmas.

In fact, teachers» critical role is at the heart of three cases before state courts in the U.S. Students in California have sued the state over employment practices that make it difficult for students in disadvantaged areas to access quality teachers (Vergara v. California).

Now it is time for this case to be heard, so that the public will have clearly laid before them the facts we all know to be true: Pennsylvania's system of funding education has been broken for generations, and if we are to prosper as a Commonwealth, it must be fixed.

However, the Associations are reminded that, when reviewing carrier compliance with these provisions, as in all compliance matters, the Enforcement Office has considerable discretion and will consider the facts of each potential enforcement matter on a case - by - case basis before taking any action.

At the Book Case, we've posted before about our love of Roald Dahl's work — most recently in June, when we mentioned The Missing Golden Ticket, a September release from Penguin Young Readers that contains a chapter cut from Charlie and the Chocolate Factory and contains plenty of fun facts about his work.

That is why we make a point of always completing jobs on time — in fact, in most cases, you will receive your text a few days before the deadline.