Sentences with phrase «individual circumstances of the 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.

But whatever the individual circumstances of the cases being investigated, the common thread is determining whether or not there was any violation or pattern of violations of federal law.

Your repayment plan will continue for a period of 3 - 5 years (depending on the individual circumstances of your case) and at the end of your repayment period, any remaining unsecured debt you have left is discharged — erased, eliminated, wiped away — forever!

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

Whether voluntary retirement constitutes a material change of circumstances for the purpose of varying an order for spousal support depends on a careful scrutiny of the individual circumstances of each case: Gajdzik v. Gajdzik, 2008 BCSC 160 at para. 35; Greco v. Greco, 2017 BCSC 172 at para. 30.

As with all criminal charges, available defences will vary depending on the individual circumstances of each case.

If the answer to Issue (5)(b) is «yes», can the appropriate remedy under Section 140B be determined having regard to the Common Circumstances but without reference to the Individual Circumstances of each case?

The court makes this determination based on the individual circumstances of each case.

The courts will have a wide discretion in the type of injunctions they will be able to make to enable them to respond effectively to the individual circumstances of the case and prevent or pre-empt forced marriages from occurring.

This research would expand on the Green Factors by looking at the individual circumstances of the case, including whether there is evidence of rehabilitation and history since the criminal act.

The question of requiring OFP recipients to make efforts to get maintenance from the liable relative will be decided by the Department on the individual circumstances of each case, taking due account of any sensitive issues involved.

The question of requiring unmarried OFP recipients to make efforts to get maintenance from the liable relative will be decided by the Department on the individual circumstances of the case, taking due account of any sensitive issues involved, such as a risk of violence towards the One - parent family involved.

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 Thornton.

Awards will be based on the circumstances of each individuals case.

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.

One can make the case for any one of these theories, depending on the individual or the particular set of 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.

«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.

Wöber: «By analyzing cases on an individual basis, we are able to provide medicine that is tailored to the individual circumstances of each patient.

On average, clients remain active for 6 to 8 months, although for each individual case, this average can be reduced or extended based upon the promptness of the client to forward necessary information and upon the number and circumstances of the issues being disputed on the individual's credit report.

On average, clients remain active for 6 to 8 months, although for each individual case, this average can be reduced or extended based upon the promptness of the client to forward necessary information and upon the number and Circumstances of the issues being disputed on the individual's credit report.

Individual circumstances such as the amount of debt, amount of income, job stability, and medical or childcare costs will make some cases easier than others.

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.

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 a lot of cases this isn't a great deal at all... but 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.

It will not kill the «golden goose» but nonetheless the business will be considered along with all the other relevant circumstances of an individual case.

This is a complex area and very much depends on the particular circumstances of each individual case.

Secondly, the ECJ could indicate that the proportionality principles requires considering the circumstances of each individual case.

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.

Cases are assessed with consideration of an individual's unique life circumstances and related underlying concerns such as substance use disorders, mental health issues, unemployment, homelessness and other variables related to poverty.

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.

The amount that will ultimately be given to the victim of any type of injury accident will be based on the personal circumstances of their individual case, which means there is no definitive way to know exactly how much your claim will be worth prior to involving an insurance company.

the use of a de minimis threshold -LSB-...] seems to be unnecessary for two further reasons: first, -LSB-...] the exclusionary effects -LSB-...] are to be determined on the basis of a specific examination of all the relevant circumstances of the individual case and their presence must be more likely than their absence.

«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.»

The radical element of version 1.0 was the way that it used the interactive capacities of the internet to draw out from users individual issues about their case and circumstances from which to tailor an individualised response.

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.

Although medical malpractice cases are of particular interest to Olivia, it is personally important to her that all victims of negligence get the information they need to fully understand their circumstances and be protected from being taken advantage of or manipulated by negligent individuals, companies, and the insurance companies that represent them.

It seems likely, therefore, that the coming months will see debate as to whether the existing judicial toolkit is being used appropriately to facilitate the right behaviours and if there is a need for procedural reform to expand case management rules further to provide a broader menu of options to apply depending on the circumstances of the individual 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.