Sentences with phrase «ordinary cases there»

Not exact matches

But of course there is nothing to say this is not the case with ordinary perception.

«It seems to me that there is a persuasive case for believing that the doctrine of Humanae Vitae, regardless of the pastoral difficulty it causes, regardless of the philosophical and theological arguments thrown against it, regardless of the historical conditioning of its neo-scholastic framework, has been, and is being taught infallibly, that is, irreversibly and without error, by the Church's ordinary universal magisterium.»

But if that is the case, why are there so few public statements, with the «conservative» label attached to them, that tell us exactly what policy should be in the matter of education, welfare provision, environmental protection, planning law, urbanization, infrastructure, and everything else that matters to the ordinary citizen?

In Spinoza's case, there turned out to be one true substance, which he identified as nature or God, all ordinary substances becoming its modes of being.

Now in the case of God, it appears that there are two sorts of causally significant feeling - aspect, the noncategorial and the categorial, and two sorts of resultant disposition, which can be termed «emergent habits» and (with apologies to ordinary language) «eternal habits,» respectively.

When a subject — a Franciscan nun, in one case — feels her ordinary self «dissolving into Christ consciousness,» as she describes it, a radioactive fluid is injected into her body through an intravenous tube; the fluid travels to her brain and becomes trapped in nerve cells there.

No offence to David — in this case, an ordinary group of citizens who have spent an extraordinary amount of time becoming pseudo-experts on all things industrial wind turbines — but at first there didn't appear even the slightest chance of stopping the threat of wind power.

There's our case of just ordinary steady growth: it has a doubling time of one minute, it's in the finite environment of one bottle.

The approach to analyzing documentary evidence, interviewing clients and witnesses, discovering adverse parties and trying cases for ordinary people is highly lawyer - intensive without there having been material changes in productivity over the decades [7].

For example, in a strict liability case, there is a duty to prevent foreseeable injury by doing what a reasonable man of ordinary prudence would have done.

«matrimonial cases were different from ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in family proceedings there is always a duty of full and frank disclosure, whereas in civil proceedings this is not universal».

HELD The judge could remind the jury that the defendant had no previous convictions and say that, in the ordinary case, where there was no evidence of bad character, a defendant of no previous convictions would have been entitled to a direction that the jury should consider that that counted in his favour on the questions of both propensity and credibility; as it was, it was for the jury to consider which counted with them more — the absence of previous convictions or the evidence of bad character; and if the former, then they should take that into account in favour of the defendant, and if the latter, then they would be entitled to take that into account against him (Lord Justice Rix at para 43).

«The reconciliation of the terms, and the determination of their combined effect must, of course, be decided by reference to ordinary principles of contractual interpretation (as recently discussed in Wood v Capita Insurance Services Ltd [2017] 2 WLR 1095, paras 8 to 15 and the cases cited there), and therefore by reference to the provisions of the particular contract and its commercial context.»

Otherwise, human nature being what it is, there would be a perennial danger of international crimes being characterised as «ordinary crimes» (Statute of the International Tribunal, art. 10, para. 2 (a)-RRB-, or proceedings being «designed to shield the accused», or cases not being diligently prosecuted (Statute of the International Tribunal, art. 10, para. 2 (b)-RRB-.

«It has long been settled that the interpretation of a document is a matter of law for the court, save in those cases where there is some ground for thinking that the words were used by the writer — and understood by the reader — in a special sense different from their ordinary meaning.»

Therefore, the court found, when the evidence was viewed in favor of the plaintiff, there was a genuine issue of material fact as to whether the defendant driver failed to exercise ordinary care (the standard for Georgia ordinary negligence cases) in parking his truck in front of his home and was therefore potentially negligent.

Cases of «ordinary» unfair dismissal may not so easily fall within the broad definition of harassment; however there are numerous cases of unfair dismissal where the behaviour of the employer amounts to a «bullying out of the job», for example by subjection to repeated disciplinary meetings, that could found a cCases of «ordinary» unfair dismissal may not so easily fall within the broad definition of harassment; however there are numerous cases of unfair dismissal where the behaviour of the employer amounts to a «bullying out of the job», for example by subjection to repeated disciplinary meetings, that could found a ccases of unfair dismissal where the behaviour of the employer amounts to a «bullying out of the job», for example by subjection to repeated disciplinary meetings, that could found a claim.

However, this case confirms that the reporting requirements under the OHSA are not engaged every time there is a critical injury or death occuring at a place where a worker might reasonably be expected to carry out certain duties in the ordinary course of his or her work.

Case law interpreting the statute states that «ordinary competition» is not prohibited, and the statute allows enforcement of a non-compete covenant only when there is «unfair competition.»

There is no more of an invasion of privacy in this case than in an ordinary case and the plaintiff is not a vulnerable person.

Increased costs will only be awarded if there is some unusual feature in the case or misconduct in addition to a significant disparity between ordinary and special costs which justifies greater indemnity than provided by ordinary costs.»

The remedy sought is not confined to ordinary compensation, but extends to damages for breach of the Convention and to declaratory relief, which in the context of this case, and if the Claimant succeeded, would represent an important marking of unlawful behaviour: a matter in which there is a legitimate public interest.

Increased costs will only be awarded if there is some unusual feature in the case or misconduct which justifies greater indemnity than provided by ordinary costs.»

[11] In addition, there were several pre ‑ trial applications, most of which were of ordinary difficulty, but one involved the plaintiff's successful motion to strike the defendants» jury notice on the basis that the case had become complex and would be too lengthy for a jury to retain the evidence.

In this case, the court re-visited the application of the state's bona fide office rule, Supreme Court Rule 12 (d), which provides that a bona fide office is one where the «attorney practices by being there a substantial and scheduled portion of time during ordinary business hours in the traditional work week.

The grammatical and ordinary sense of the words used in s. 233 of the Criminal Code supports the conclusion the legislator did not intend to restrict the availability of infanticide to situations where the psychological health of the woman was substantially compromised or where a mental disorder was established; the statutory language also shows there is no requirement for a causal connection between the disturbance of the accused's mind and the act or omission causing the child's death; but there is, however, a required link between the disturbance and not having fully recovered from the effects of giving birth to the child or of the effect of lactation consequent on the child's birth ̶ in either case the disturbance must be «by reason thereof».

The procedural posture of this case invited such an approach: there was an appeal from the Board's decision to the ordinary courts.

In the case of letters of credit, there was no basis for departing from the ordinary rule, that the situs of the debt is where the debtor resides.

With Taiwan's enterprises being open to emerging technologies, are there any challenges you face as a practising lawyer to embrace cases with out - of - the - ordinary technology?

ii) In the ordinary way, in cases in which the appropriate sentence would be a consecutive sentence to the sentence for public protection, there is a serious problem because a sentencing judge considering imposing such a sentence does not know when the existing sentence for public protection will expire — as s / he can not predict when the Parole Board will agree to release the offender.

The key patent cases that I have to address and consider currently in the chemical, pharmaceutical and biotechnological cases (however, it should be appreciated there are several more) are the recent Alice (patent subject matter eligibility), Shaw Industries Group, Inc. (accused infringers can use AIA review procedures without undermining their case in later litigation), Merck & Cie (PTAB AIA review decisions must be reviewed with deference on appeal) and In re Cuozzo Speed Technologies, LLC, (broadest reasonable interpretation for IPR versus ordinary meaning for litigation is appropriate) decisions as well as the USPTO's ever developing guidelines as to patent subject matter eligibility and obviousness determinations.

The fact that a glorified long - form radio program about a relatively ordinary criminal case from a decade - plus ago could generate 20 million downloads meant I couldn't shake the feeling there was a lesson in here somewhere about how to make the work lawyers do and the material we produce to try and generate that work more accessible and compelling.

By contrast, in Wales, where there were an «ordinary» 14 deaths and 438 injuries from fires in dwellings in 2012 - 13, a different approach was being taken, and, in this case as already in perhaps most areas affecting people's «daily lives», the law is different.

There could be no doubt about the governing principle or its importance, since the control order regime was not intended to be an alternative to the ordinary processes of criminal justice, with all the safeguards they provided for those accused, in cases where it was feasible to prosecute with a reasonable prospect of success.

Once s 98A (1), ERA 1996 (automatic unfairness) was out of contention, there could still be an argument for «ordinary» unfair dismissal but in that case s 98A (2) comes into play.

In high net worth cases, where the family have enjoyed a very high standard of living and there are substantial financial resources, the parties» needs will be computed in a more generous way than in an ordinary divorce case.