Sentences with phrase «particular circumstances in a case»

The Child Support Guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case.

Not exact matches

These grim circumstances will be familiar to many startup veterans, but in this particular case the rapidly dwindling bank account was the problem of Mikael Cho, founder of Crew.

In other cases, the item is a legitimate business expense, but you can only claim a portion of the expense or only claim the expense if particular circumstances apply.

A determination of whether a particular market participant is an underwriter must take into account all the facts and circumstances pertaining to the activities of the broker - dealer or its client in the particular case, and the examples mentioned above should not be considered a complete description of all the activities that could lead to designation as an underwriter.

This will vary, depending on the clergyman's style of relating and the circumstances in a particular case.

A few days later, in a press conference, that bishop repeated that, while he didn't know the particular circumstances of every case, the right of conscientious objection is a human right and enters into every human right, for government officials and for everyone.

Simultaneously, casuistry adapted the universal norms to particular circumstances and difficult cases in such a way that principles were preserved and equity guaranteed.

In Jesus» case it was a combination of factors — such as the fervent longing of oppressed people, their religious preparation and ethical sensitivity, the remarkable personal power of Jesus, and the particular circumstances of his death — which produced among his followers a mental and emotional situation favorable to the attainment of a remarkable new intensity of life, marked by love, loyalty, courage and joy, all for the sake of the Master, who had sacrificed his life for them and for the larger good he saw through them.

Given a commitment to utilitarian calculation as the basic decision procedure, one can not rule out the possibility that circumstances might arise which would justify unequal treatment in a particular case.

Thus, in those cases where the person does not want a reaffirmation of the traditional symbols about life after death in his particular circumstances, the appropriate theological explanation is Whitehead's «objective immortality.»

Under these circumstances, in this particular case,

In some cases myth influences ritual, in other cases ritual influences myth, in still others they develop together — or separately — according to particular needs and historical circumstanceIn some cases myth influences ritual, in other cases ritual influences myth, in still others they develop together — or separately — according to particular needs and historical circumstancein other cases ritual influences myth, in still others they develop together — or separately — according to particular needs and historical circumstancein still others they develop together — or separately — according to particular needs and historical 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.

· HMRC should treat any «strengthened self - employment» test in tax credit cases involving disabled people sympathetically, taking account of the fact there may be particular circumstances to consider.

«They reflect the particular circumstances of the schools and the time at which the inspections took place, in some cases just a couple of days into the start of the new school year,» he said.

In determining whether stock or securities are substantially identical, you must consider all the facts and circumstances in your particular casIn determining whether stock or securities are substantially identical, you must consider all the facts and circumstances in your particular casin your particular case.

In this particular case, there were no signs of intentional or egregious levels of neglect or abuse; due to extenuating circumstances the animal owners were simply overwhelmed.

But if you are in California or Colorado where there is no statewide leash laws your case will be subjective, and depending on your particular circumstances, your attorney will determine if the dog should have been on leash or not or if laws were being violated.

So if an opponent argues that the «little guy» (or «good corporate citizen») should win merely because of their unique circumstances; or that a particular decision will promote» social justice»; or that the judge should decide the case in a particular way because «that's the way things always have been done,» you now have the knowledge and tools to rebut these fallacies of irrelevance.

In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13].

Matrimonial Causes Act 1973, s 25 says that the «duty» of the court in deciding whether to make an order is to have regard to «all the circumstances of the case» (emphasis added); and, in particular, to a variety of present and future — when the application bites — factors.

Centrally, the decision raises the question as to why the Court sticks to the private investor test in the particular circumstances of the given case.

We understand that these cases are quite sensitive in nature, and we can develop a strategy to meet your particular goals and circumstances.

The tariff of party and party costs is predicated on there being a traditional review of all costs and disbursements claimed by the successful party and the allowance of those items found to be reasonable and necessary in the particular circumstances of the case before they are properly visited upon the defendant.

The Supreme Court of Hong Kong has considered that «there is indeed a duty of good faith which in the circumstances of this case required the defendant to bring -LSB-...] its objections to the formation of this particular arbitral tribunal.

Justice Brown also held that the unknown commenters had a reasonable expectation of privacy in the particular circumstances of this case, since they were free to identify themselves, write under a pseudonym or remain anonymous, and chose to write under pseudonyms.

Although Thomas LJ was swift to point out that the offence «was not confined to circumstances where a person exposed himself», it is worth noting that time and again, the 19th century cases were prosecuted in respect of this particular form of behaviour.

The court is to have regard to all the circumstances of the case including: the withdrawal grounds relied on and whether or not new evidence has come to light which was not available when the admission was made; the conduct of the parties including any conduct which led to the admission being made, any prejudice that may be caused if the admission is withdrawn and if withdrawal is refused, the stage in the proceedings at which the application to withdraw is made, in particular in relation to the trial date; the prospects of success (if withdrawal) for the claimant; and the interests of the administration of justice.

While this was unlikely in the particular circumstances of this case, it should have been left with the jury.

Where adjournments are required for further expert or medical evidence to arrive or be obtained, then it should be for the judge to determine what is right, just and equitable in relation to the facts and circumstances of the particular case before them.

By way of exception article 6 (4) allows for the approval of a project in the case of adverse effects under strict circumstances, in particular the absence of alternatives to the project.

«Ultimately, what is required... is a balancing of the competing interests at stake in the particular circumstances of the case.»

The Court of Appeal accepted that the judge was entitled to conclude that it was a normal characteristic for the horse to rear up in the particular circumstances of the case because it was «natural» for horses to do so in certain circumstances from time to time, even if such behaviour was not «usual».

He held that the application judge erred by making the intrusive order when there was no basis in the pleadings to be able to judge whether the order was necessary to enable the case to be disposed of in accordance with the principle of proportionality — i.e. in a manner that is fair, efficient and cost effective as judged in relation to the nature and circumstances of the particular case.

«I think the [Supreme] court reaffirmed the idea that... the oppression remedy is a broad remedy, [meant to be] applied flexibly by a trial judge, taking into account the particular circumstances of any case,» Douglas Mitchell of Irving Mitchell Kalichman LLP in Montreal and lead counsel for the respondent, told Legal Feeds.

Rather, what a potential litigant has is a right to have his or her claim dealt with fairly and resolved according to law in a manner that is appropriate to the nature and circumstances of the particular case.

In order to answer this question, a lawyer should start with a baseline (how often does any appellant win an appeal) and adjust based on the particular circumstances of each case.

In Colorado, the statute of limitations is two years for most cases, though there are particular circumstances that can affect when this time period starts, therefore, some lawsuits will have a longer or shorter amount of time.

The particular circumstances of the case, which include the relative ages of the plaintiff and defendant, the relationship between the plaintiff and defendant, and the repetitive nature of the abuse, will be considered in relationship to the establishment of the egregiousness of the defendant's conduct and the severity of the plaintiff's resulting emotional distress.

It is not clear to what lengths an estate trustee must go to in order to satisfy the Court that the person can not be located, but it is likely a determination that would be made in all of the circumstances of that particular case.

A sentence in a particular case will vary depending on the circumstances of the offence and the offender.

There are rare occasions where a judge might withdraw a charge, if he desires, by directing the jury to acquit on that particular charge, but this only occurs if he considers that any conviction on that charge would be positively unsafe in all the circumstances of the case.

It is necessary in each case to consider whether, in the particular circumstances of that case, the failure in question is capable of constituting evidence supporting the inference that the respondent acted discriminatorily in the manner alleged; and, if so, whether in the light of any explanation supplied it does in fact justify that inference.

The hard question is determining what a jury's acquittal «necessarily decided» in particular facts and circumstances, given that a jury verdict in a criminal case typically only determines if the jury convicted, acquitted, or hung on each of the charges presented to it in the indictment and not dismissed before tiral.

[83] When considering the circumstances in which the confession was elicited in this case, the trial judge placed particular emphasis upon the conduct of the interrogation and the personality of the accused in finding that it was not particularly coercive.

In this case, the HPRB reasoned, however (according to the court) that while past conduct history was not relevant as to whether particular conduct took place «except in exceptional circumstances,» the information was nonetheless relevant «to what the inquiry committee might have done, in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raquIn this case, the HPRB reasoned, however (according to the court) that while past conduct history was not relevant as to whether particular conduct took place «except in exceptional circumstances,» the information was nonetheless relevant «to what the inquiry committee might have done, in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raquin exceptional circumstances,» the information was nonetheless relevant «to what the inquiry committee might have done, in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raquin terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raquin terms of remedy....»

In the present case, not only were socio - economic factors not at the forefront of the decision - making process, but the attempt to justify retention of the procedure was characterised by general claims, unsupported by concrete evidence and disassociated from the particular circumstances of the appellant's case.

While we can not promise or guarantee a particular outcome due to the unique circumstances involved in each and every case, you will find that the outcomes we seek will most commonly greatly surpass typical settlements by those who have had similar accidents and who handled their case without the aid of an attorney.

In that case, it was held that in circumstances which suggest that a particular detainee may not understand the information being communicated to him or her by state authorities, a mere resuscitation of the right to counsel will not suffice.&raquIn that case, it was held that in circumstances which suggest that a particular detainee may not understand the information being communicated to him or her by state authorities, a mere resuscitation of the right to counsel will not suffice.&raquin circumstances which suggest that a particular detainee may not understand the information being communicated to him or her by state authorities, a mere resuscitation of the right to counsel will not suffice.»

In the particular circumstances of the case, he found that the order sought would be disproportionate and contrary to the public interest.