Sentences with phrase «particular facts of each case»

If the response involves discussions of the law, one approach a lawyer might take is to stress that your response should only be considered as a general guideline to the issues raised by a particular question, but that to provide legal advice you would need to speak personally to better understand the particular facts of the case being presented.

General principles are canvassed below, but, of course, the old caveat rings particularly true in the context of administrative law: the outcome depends on the particular facts of the case.

Messitte said his ruling restricting the suit to claims regarding the Washington, D.C., hotel is limited to the particular plaintiffs and the particular facts of the case.

the particular facts of the case - so, given 12 years, each case varies you can't really get a proper answer - short of slight insight reading the state's case law - which most likely would rest a lot on the changing of status is good or bad - better environment and that kind of data - each case is different and it will sit via the old «based on the particular facts of this case...» determination

The amount of time your divorce will take depends on the particular facts of your case, including whether you have children, whether your assets require expert financial evaluation and whether or not one or more court hearings are required.

When someone is injured as a result of a dangerous or defective product — including an automotive parts or system — the manufacturers and distributors maybe held responsible for those injuries, depending on the particular facts of each case.

In making these decisions, however, it is always important to have the benefit of legal advice applicable to the particular facts of the case.

The costs of litigating your case advanced on your behalf will only be repaid by you if the firm is successful in its efforts to get you the money that is reasonable considering the particular facts of your case.

Thus, the PTAB has discretion to join serial proceedings «on a case - by - case basis taking into account the particular facts of each case, substantive and procedural issues, and other considerations.»

If you were recently arrested for DUI or drug possession in Birmingham, Alabama and would like to discuss the particular facts of your case, please contact the Reid Law Firm today at 205-913-7406!

The particular facts of that case don't matter for our purpose here.

The rules applied should be responsive to the particular facts of the case.

The concept of «senior managerial personnel» is interpreted restrictively by Québec courts, and in the context of the particular facts of each case.

The essence of this requirement is, as with all of the principles applicable to proper consultation, fairness, and what fairness demands will depend upon the particular facts of the case: see, for example, R v Secretary of State for Education, ex parte M [1996] ELR 162 at 206 — 7, in which Lord Justice Simon Brown warns of the need to avoid a «mechanistic» approach to the requirements of consultation.

Having exhausted other avenues for obtaining evidence, the police engaged in a novel undercover operation, customizing the setting, the approach and the techniques to the particular facts of this case.

In common law systems, judges apply the law to the particular facts of the case.

The silver lining in this decision is that the application judge restricted his decision to the particular facts of the case before him, explaining that «this ruling is meant to apply only to the narrow factual situation before the Court; it is not to apply more broadly to allow any insured to obtain interest on amounts left unapplied for after 104 weeks.»

This method of allocating assets looks at the particular facts of each case in determining what constitutes a fair division of property.

Your right to do so will depend upon several factors, including what insurance is available to the parties involved and the particular facts of each case.

Depending on the particular facts of your case, you may be able to allege causes of action including strict liability or negligent design.

The amount that may need to be paid to cover these expenses depends on the particular facts of your case.

Ultimately, which Court eventually hears the case on the merits might depend on the scope of their jurisdiction, doctrine of forum non conveniens (or any equivalent doctrine), as well as the particular facts of each case.

The weight to be attributed to each factor listed in s. 9 will vary according to the particular facts of each case: Contino at para. 39.

[55] The analysis should be contextual and remain focussed on the particular facts of each case.

The relevant case law makes it clear that in applying the principles, a case by case approach is required, balancing competing rights and interests on the basis of the particular facts of each case.

Results obtained in prior cases were dependent on the particular facts of each case.

Of course, this decision is merely an example of a successful argument of frustration, and employers should be aware that a finding of frustration in the human rights context will turn on the particular facts of every case, in particular the length of absence, medical evidence and the requirements of a workplace.

Lawyers know the law and how to apply it to the particular facts of your case.

[52] Having concluded that information in electronic form stored on servers outside Canada is in law capable of being located in Canada for the purpose of section 231.6, I now consider whether Justice Hughes's application of the law to the particular facts of this case was vitiated by palpable and overriding error.

Therefore we stress that while your particular case may sound similar to one listed below, it is impossible to determine the value of a civil case without a full understanding of the particular facts of the case.

Nonetheless, the threshold test can not be applied properly unless the sufficiency of the change in circumstances is evaluated against the backdrop of the particular facts of the case at hand.

Whether your situation has an available defense depends on the particular facts of your case.

It would simply involve the application of existing law to the particular facts of this case.

The fairness or otherwise of such a dismissal will depend on the particular facts of the case, for example, how much enquiry did the employer make before dismissal?

It is one that focuses on the particular facts of the case within the context of the particular family.

However, on the particular facts of that case — where the chief detriment was a disciplinary hearing brought against the claimant who was dismissed internally — the tribunal had not been perverse in ruling a number of the alleged acts out of time at the preliminary hearing.

Thus practitioners, effectively, have a choice about which subsection is more appropriate in the particular facts of their case — although it will often be preferable to plead both in the alternative.

this judgment turns on the particular facts of this case, and should be interpreted narrowly by lower courts.

The particular facts of the case are briefly narrated in Part 1 of my blog, «Pension sharing on divorce: The case of McDonald v McDonald — what's next?»

Whether to file for divorce immediately or not depends upon the particular facts of your case.

The laws and the terms used will vary by state and the likelihood of getting an injunction is highly dependent on the particular facts of your case, as well as state law.

I would be happy to discuss the particular facts of your case with you.

[Ruling:] I find that on the particular facts of this case, the respondent father is responsible for all of the experts» expenses post trial.»

The broker's liability would depend upon the particular facts of each case.