Sentences with phrase «individual facts of each case»

As is the case with all accommodation issues, the individual facts of each case must be taken into account from the beginning.

The exercise of the discretion is dependent on the individual facts of each case.

Whether a relationship is marriage - like is a surprisingly complicated question, and it depends on the individual facts of each case.

The result will turn on the individual facts of your case.

Because the courts assess the individual facts of each case, it is difficult to clearly define what constitutes «cause.»

Not exact matches

But somewhat lost in all of this business wheeling and dealing is the fact that the balance of power in medicine is shifting: Armed with their body's own endless stream of signals and a smartphone, many individuals are getting the information they need to take charge of their health and wellbeing — or, in the case of Theresa Beech, whose 13 - year - old son was lost to cancer two years ago, to help total strangers search for a long - elusive cure.

Wagner: While the Intel case is an offshoot of the excess fee and stock drop cases and utilizes many of the same legal theories, I doubt the new complaint will open up new opportunities for the plaintiffs» bar, since its underlying facts are fairly unique, specifically that an individual account plan offered alternative investments.

«The other thing that's kind of worked for them so far has been the fact that they have a mix of agility and skill in the sense that individual countries at five or 10 million are agile enough to do a lot of these things, create a case, data, case study and then present it at the EU level.

I will agree that an argument from majority is not always valid, but in this case I think it would be analogous to the fact that there is a small percentage of individuals who don't believe we went to the moon.

For example, granted that the evil acts of the Third Reich may have molded the moral beliefs of its citizens so that they became literally incapable of seeing the evil as evil, it is also the case that Nazism was itself possible only because of the willingness of individual Germans to have the nation's policies translated into fact.

If it is possible in this way to regard the creation of the soul by God as a case of becoming through essential self - transcendence, because this latter concept formally includes what is meant in the former by creation, then the origin of the soul possesses its distinctive, unique character, in contrast to any other origin through the agent's self - transcendence by the fact that here the self - transcendence occurs in the direction of an absolutely unique individual being, spiritually unique.

Martha's case raises broader issues: the availability of assisted suicide to physically sound but depressed individuals; the «quick» solution of death for the elderly when they feel useless; thinking of death as a «right» rather than a fact; and too much social concern with the legal rather than the psychological condition of those contemplating suicide.

In fact, it is all too clear that these citizens are as unprepared and as unaccepting of the responsibilities of citizenship as the individual in this case.

And since then, following studies and individual case work, the institution of psychiatry has in fact aligned itself with the understanding that homosexuality is normal, is a part of the human understanding of sexuality.

Virtually all of the curators voiced resentment over the fact that, as they see it, the government is trying to dictate a sweeping, generalized policy in a situation that calls for a case - by - case approach — one that respects the diversity of the various tribes as well as the responsibilities of individual museums.

All individual facts are understood as specific cases of general laws, and these laws are assumed to be already known.

Included are: The Battelle Sustainability Assessment of Flexible Packaging Report; Flexible Packaging Sustainability Advantages Resource Guide; The FPA Case Stories Brochure; The FPA Fast Facts Brochure; The FPA Sustainability and Flexible Packaging Brochure; Individual Case Stories; The FPA Flex Pack Rap Video; Flexible Packaging: A Sustainable Solution PowerPoint Presentation; and the FPA sustainability logos.

players like Ozil always present the fans with a bit of a conundrum, especially when times are tough... if you look around the sporting world every once in awhile there emerges a player with incredible skill, like Ozil, Matt Sundin or even Jay Cutler, who have a different way about themselves... their movement seemed almost too lackadaisical, so much so that it seemed to suggest indifference or even disinterest on the part of the player... their posture always appears somewhat mopey and they generally have an unflattering «sour puss» expression on their face... for some their above average skills are enough to keep them squarely in the mix, as their respective teams try desperately to find a way to get the best out of them visa vie player acquisitions or the reworking of tactics... when things go according to planned the fans usually find a way to accept their unique disposition, whereas when things go awry they become easy targets for fans and pundits alike... in the case of Ozil and Sundin, their successes on the international stage and / or with their former teams led many to conclude that if we surrounded such talented individuals with players that have those skills that would most likely bring the best of these players success would surely follow... unfortunately both the Maple Leafs and our club chose to adopt half - measures, as each were being run by corporations who valued profitability over providing the best possible product on the field... for them, they cared more about shirt sales and season tickets than doing whatever was necessary... this isn't, by any stretch, an attempt to absolve Ozil of any responsibility for his failures on the pitch... there is no doubt oftentimes his efforts were underwhelming, to say the least, but this club has been inept when it comes to providing this prolific passer with the kind of players necessary for him to flourish... with our poor man's version of Benzema up front, the headless chickens in Walcott, the younger Ox and Welbeck occupying wide positions far too often and the fact that Carzola, who provided Ozil with great service and more freedom to roam, was never truly replaced, the only real skilled outlet on the pitch was Sanchez... remember to be considered a world - class set - up man goals need to be scored and for much of his time here he has been surrounded by some incredibly inept finishers... in the end, I'm not sure how long he will be in North London, recent sentiments and his present contract situation seem to suggest that he will depart at season's end, but how tragic would it be if once again we didn't put our best foot forward and failed to make those moves that could have brought championship football back to our once beloved club... so when you think about this uniquely skilled player don't be so quick to shift all the blame on his shoulders because he will not be the first or the last highly skilled player to find disappointment at the Emirates if we don't rid the club of those individuals that are truly to blame for our current woes

«We err on the side of caution in these rare cases precisely because it is vital to ensure that the disclosure individuals do not fraudulently try to claim they have no criminal convictions when in fact they have.»

In fact, Merola says, «In most cases, people need more than one mentor because no one individual is capable of helping the person develop the broad range of skills that are necessary for success.»

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.

These standards do not supersede the judgment of the individual nuclear medicine technologist and other healthcare professionals serving the patient in light of all of the facts of the individual case.

among several alarming anecdotal articles (which I know not to take seriously as they are individual cases) a couple of observational studies are being thrown around that imply vegetarians and vegans are more likely to have mental illness and too many people are taking them seriously as fact and I find it worrisome.

In practice, however, whether or not a retainer can be implied prior to the date of the CFA will depend on the facts of the individual case.

Generally, a dating relationship is defined as a romantic or intimate social relationship between two individuals that is determined by the facts ineach case, such as the length of the relationship, the type of the relationship, the frequency of interaction between the two individuals involved in the relationship.

Share Pin Belgium) about romance and relationships, and you can read all about my adventures elsewhere Generally, a dating relationship is defined as a romantic or intimate social relationship between two individuals that is determined by the facts ineach case, such as the length of the relationship, the type of the relationship, the frequency of interaction between the two individuals involved in the relationship.

A persuasive kernel of common sense, in many cases, lay hidden inside Illich's wild - eyed notions: that students learn a great deal from their peers; that educated people teach themselves or otherwise discover, outside the classroom, many of their most important lessons; that advanced education indoctrinates individuals, teaching them a kind of professional code and knowledge for work that can be addressed in a frank manner using plain facts and everyday language.

Despite the fact that you will regularly be given a brief or something to that affect for your confirmations paper, you will in any case need to think of a point that is individual and one of a kind to you.

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.

However ultimately what got to me is that fact that the assets needed to be sold and kept together (in which case the values of the individual artifacts would not be reflected as they are for other auctions) and the judge had to approve of the buyer's plans.

In one case they prepared an amicus curiae brief regarding the issue of what damages guardians can recover for the death of a companion animal, and in another case they conducted a fact and legal investigation to prepare a lawsuit for a client seeking to recover damages against the individual who intentionally killed his companion dog.

In fact, we often never know for sure what the underlying initiating cause of chronic renal failure was in an individual case.

In fact, during the first five months of 2013, nearly 60,000 cases were revealed in which a British individual had become a victim of identity theft whilst travelling abroad.

In fact, it is the only way it can be done because dictates from Washington would inherently be a case of imposing design: They have no idea what each individual community needs.

«In the case of an affirmed fact, it does not matter if an individual relies on the recollection of the affirmation or on the boosted familiarity of the factual statement — familiarity and recollection operate in unison and lead to the individual assuming the item to be true.

As always everything depends on the facts of the individual case and there is no set formula which can be applied.

Jon Baines, a data protection advisor at Mishcon de Reya, said the ruling suggests the courts will judge «right to be forgotten» cases on their specific facts and that there is likely to be «an increase in the number of successful requests for delisting, as individuals take note of the court's analysis, and assert their strong and potentially enforceable rights to have out - of - date or inaccurate information about them on the internet made more difficult, at least, to find».

What Article 28 (3) with its omission of public policy grounds seems to suggest in my view is that — to a certain extent — the mere fact of a 10 years residence has created a link between the EU citizen and the host Member State that is similar to the link between a national and its state; as a consequence expulsion can only be a valid means if this link is deliberately destroyed by the EU citizen; this would be the case of a serious security threat, i.e. an individual determined to engage in actions that jeopardize the security of the host Member State's society at large, which could indeed be the case of organized crime.

The former reasoning may be encapsulated in the statement in Paragraph 5.4 that «[t] he simple fact that proceedings are surrounded by political sensitivity is insufficient in this context»; the latter may be encapsulated in the Paragraph 5.10 statement that «[t] he plaintiffs have credibly demonstrated that the case relates in part to a very real threat and in part to exiting [sic] infringements of their fundamental rights and freedoms at an individual level».

Not only does this vary according to the different types of legal matter, but also within each category, depending on the particular facts relating to each individual case.

However, it is the task of the court to seek to apply in a rational fashion the principles that have been laid down in the decided cases, always bearing in mind that the facts in each case are going to have a significant influence on the actual outcome of the individual application.

* past results are not necessarily indicative of future results and outcomes will vary according to the facts in individual cases

Though it is stated that the personal conduct of the third - country national is what matters, national courts were given considerable leeway to assess the facts of each individual case.

The case law standard for determining what comments cross the line is generally «the application of law to facts specific to an individual seeking legal advice».

First, the Court insisted here — based on its case law ever since Van Duyn — much more on the fact that the individual at issue had to constitute by its conduct a genuine, present and sufficiently serious threat to one of the fundamental interests of society.

This access to evidentiary information not only helps each individual juror attain a contextual understanding of the applicable law and facts of the case; it also increases the likelihood that all members of a jury will share the same understanding of the context of the case.

Doug Sarro, Osgoode Hall Law School's 2013 Gold Medallist, says the facts and holdings of individual cases are less important than the legal tests they applied.

It also makes clear that the criteria established in preceding case - law are mere guidelines which interrelate and have to be discussed against the background of the respective facts of each individual case.

In fact, some of the «persons» made reference to are amalgams of several similarly situated individuals, given a «pseudonym» in order to protect the innocent (or the guilty, as the nature of this blog should indicate may often be the case).

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).