Sentences with phrase «individual circumstances in the case»

Likewise, economic damages can also consist of lost wages, loss of earning capacity, among other economic dangers depending on the individual circumstances in the case.

Not exact matches

Whether an arrest and investigation of an individual who may be violating the law is appropriate is a determination made in individual cases based on the sometimes unique circumstances surrounding those cases, as well as the resources available at the time.»

In those cases, the IRS has said that it will allow taxpayers to request clarification of the tax laws as they relate to an individual's or a company's very specific set of circumstances,» explains Eileen J. O'Connor, a partner in the Washington, D.C., tax office of accounting firm Grant ThorntoIn those cases, the IRS has said that it will allow taxpayers to request clarification of the tax laws as they relate to an individual's or a company's very specific set of circumstances,» explains Eileen J. O'Connor, a partner in the Washington, D.C., tax office of accounting firm Grant Thorntoin the Washington, D.C., tax office of accounting firm Grant Thornton.

In some cases, it may be as high as $ 2,000, depending on individual circumstances.

A great many different motives may lead to an action of this kind; indeed in cases where it is an act of despair, performed in circumstances of extreme human or economic destitution and misery, the guilt may often lie rather with the community than with the individual.

As so very often, we have picked a virtue (or quasi-virtue) that we like the sound of - in this case open - mindedness - and placed it on an artificial pedestal, abstracted from any context that might help us come to a considered judgment about its merits in individual circumstances.

Determining whether coed youth sports are appropriate in cases where the children are 9 - years - old and older must be decided on an individual basis, depending on the circumstances involved in that particular situation with the final determination being the parent of the child in question.

However, individual circumstances must be considered in all cases.

The courts should have to look at the individual circumstances of each case, paying attention to things like: which parent does the caretaking (or both), the temperament of the child, apparent bond of the child to each parent, and anything else that may be relevant and rule in a way that would be least disruptive to the child.

«It is in these circumstances that there is a strong case for a graduate tax, which may offer a fairer way of sharing costs between individuals and government.»

This means that any extension would not only be: - subject to a specific case being made by the Director of Public Prosecutions; - subject every seven days up to the agreed limit to the approval of a High Court Judge; - subject to the regular report of the independent reviewer with an annual debate in parliament; - but also be subject in each and every instance to a specific parliamentary notification procedure, to a further statement to parliament on the individual case, a review on the specific case by the independent reviewer and with the provision for this House to scrutinise and debate the report and all the circumstances.

In these cases, the real issue here is not credit score, but individual circumstances.

Acosta - Conniff (Conniff) is yet another case where a judge looked at the individual circumstances of a student loan debtor and felt that the person would be left in a worse financial position heading into retirement if the loan were not discharged.

Still, there are many possible ways in which your individual circumstances could help or hamper your case for a loan.

Although courts tend to interpret the Brunner test strictly, whether you qualify for a hardship discharge will ultimately be a function of the individual facts and circumstances of your case as well as the attitudes toward student loan debt that are prevalent in your jurisdiction.

The trustee would need to write in and we would need to consider the circumstances of the individual case to determine whether the exception can be applied.

In most cases, once I review the individual's circumstances, my answer is no.

However, we always follow a veterinarian's professional judgment, in individual cases or situations, where special circumstances warrant further immunization for a special puppy before starting such classes.

Only in specific certain cases may we issue a refund depending on the individual case and circumstances, (less any administration and transfer costs).

In a lot of cases this isn't a great deal at all... but it all comes down to individual circumstances and the math.

In some cases this isn't a great deal at all but in others if you buy Hyatt points in this promotion you will definitely save money — as always, it all comes down to individual circumstances and the matIn some cases this isn't a great deal at all but in others if you buy Hyatt points in this promotion you will definitely save money — as always, it all comes down to individual circumstances and the matin others if you buy Hyatt points in this promotion you will definitely save money — as always, it all comes down to individual circumstances and the matin this promotion you will definitely save money — as always, it all comes down to individual circumstances and the math.

In a lot of cases this isn't a good deal but, as always, it comes down to individual circumstances (how many points you have / what plans you have for the points) and the math.

What Dr Laurie did in the Boviard case is no different to what she has done elsewhere, and can only be considered as evaluating the combination of specific individual clinical circumstances with respect to the available research evidence and clinical knowledge.

While neither lawyer nor client may have been able to predict the specific circumstances in that individual case, based on past experience, lawyers and in - house counsel should have an idea what kinds of things might arise.

In the circumstances of this case, where the applicant has self - identified as an individual with a psychiatric disability, I see no need to identify the applicant by his previous legal name.

Though the range of arguments is wide and varied depending on the circumstances of the case and the underlying Investment Treaties, the overarching theme is simply that EU Law reigns supreme in relations between Member States and overrides all international law commitments that individual Member States - and the EU itself in the case of the Energy Charter Treaty - have entered into.

As seen in this case, an individual can ask a court for a remedy that is «appropriate and just in the circumstances.»

In many cases, you can avoid having to proceed against the individuals concerned, so long as you can prove the bullying / harassment that occurred and the circumstances (i.e. were related to duties / service).

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

Because every individual's circumstances and background are different, available economic damages will differ in every case.

These matters all share the same basic timeline and circumstances, and in some cases, the same purported individuals or entities (a lender from Halifax or Montreal).

«Special contribution remains a legitimate possibility but only in exceptional circumstances... such a contribution can, in principle, take a number of forms; that it can be non-financial as well as financial; and that it can thus be made by a party whose role has been exclusively that of a home - maker... in some cases... its amount will be so extraordinary as to make it easy for the party who generated it to claim an exceptional and individual quality which deserves special treatment.

Individuals should not be deterred from pursing their rights and should seek advice regarding funding of their cases and in certain circumstances whether damages may be due to them.»

In cases that go to trial, the average mesothelioma payment varies tremendously depending on the individual circumstances of each case.

That's a point made by Doug Berman at the Sentencing Law Blog («Rather, I wish primarily to urge anyone and everyone defending President Bush's sentencing determination in the Libby case to explain why all these less prominent defendants — most of whom are now locked in a cell while Libby now makes plans for the paid lecture circuit — don't also merit some executive sympathy»); Ellen Pogdor at White Collar Crime Blog («But what is bothersome here is that one elite individual is receiving this benefit while others with comparable circumstances will not have this benefit — it all comes down to who has access to the President.

C.A., June 2, 2011)(34413) Mar. 7, 2013 The reasonableness of interference must be determined by balancing the competing interests, as in all other cases of private nuisance, and that balance is appropriately struck by whether, in all of the circumstances, the individual claimant shouldered a greater share of the burden of construction than would be reasonable to expect individuals to bear without compensation.

But apparently, a Supreme Court case is pending over a similar issue of the circumstances in which non-attorney parents can represent their children under the Individuals with Disabilities Education Act.

As the above case makes clear, there are many circumstances in which individuals other than the person that actually caused the accident may be held liable to the injured accident victim.

During sentencing, he needed to think of himself in the same way, as a cog, as a hand doing the work of a machine that was so large you couldn't see it — that he had to keep fidelity to principles that went beyond the circumstances of an individual case.

She went on to explain that the dangers of hearsay could be overcome in individual cases by pointing to circumstances surrounding the making of the statement that support its reliability, by determining that its reliability could be sufficiently tested despite its hearsay character, or by applying some combination of these kinds of reasons.

Even if a custodial sentence was appropriate in this case, it is a well - established principle of sentencing laid down by this court that a first sentence of imprisonment should be as short as possible and tailored to the individual circumstances of the accused rather than solely for the purpose of general deterrence.

In two recent cases, arbitrators have reaffirmed that, except in very limited circumstances, the union is not entitled to file a grievance on any matter upon which an individual would be personally entitled to grievIn two recent cases, arbitrators have reaffirmed that, except in very limited circumstances, the union is not entitled to file a grievance on any matter upon which an individual would be personally entitled to grievin very limited circumstances, the union is not entitled to file a grievance on any matter upon which an individual would be personally entitled to grieve.

The test of materiality is whether in the circumstances of the particular case, a reasonable person in the client's position would be likely to attach significance to the risk, or the professional is or should be aware that the particular individual would be likely to attach significance to it.

CCLA recognizes the need for sensitive national security intelligence to remain secret in certain circumstances and we argued for the creation of the now present Special Advocate system — which permits security cleared lawyers to review the case against a Named Individual and communicate with that person and their counsel.

I very much doubt that that will follow, but in any event each case will be dealt with on its individual circumstances.

The precise circumstances of each individual case will be key to considering whether financial provision can be sought in this country following a divorce in another country particularly if the divorce took place in an EU member state.

Even if an employer has standardized procedures for evaluating requests and implementing accommodation, it ought not have standardized solutions: employers must consider the individual circumstances of the employee requesting accommodation and work with that employee to determine an accommodation that's appropriate in the particular case.

In most cases, individuals are held to a «reasonable person» standard: that is, each person owes a duty to every other person to act in the manner that a reasonable person would under the circumstanceIn most cases, individuals are held to a «reasonable person» standard: that is, each person owes a duty to every other person to act in the manner that a reasonable person would under the circumstancein the manner that a reasonable person would under the circumstances.

However, as noted in the Blue Mountain decision, the definition of «workplace» will be specific to the facts of the individual case and so there remains some degree of uncertainty as to under what circumstances an incident may still fall outside the scope of the employers reporting obligation.

In some circumstances, it may be appropriate to infer a resulting trust or a constructive trust, but the conclusion to be inferred in the individual case will depend on a consideration by the trier of fact of all the circumstances of the casIn some circumstances, it may be appropriate to infer a resulting trust or a constructive trust, but the conclusion to be inferred in the individual case will depend on a consideration by the trier of fact of all the circumstances of the casin the individual case will depend on a consideration by the trier of fact of all the circumstances of the case.