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.
Until recently general jurisdiction over a defendant (i.e. jurisdiction over any lawsuit against a defendant without regard to
the particular facts of the case) was present in any state where a company has a permanent office for the conduct of business, under half a century of precedent on the issue that traced back to a U.S. Supreme Court case known as International Shoe v. State of Washington, 326 U.S. 310 (1945).
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.
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.
And I'm a sensitve on
the particular facts of this case, since I've a friend who was in Mr. Ghomeshi's shoes, who was falsely accused of various violent offenses by a former partner involving similar facts.
Depending on
the particular facts of your case, you may be able to allege causes of action including strict liability or negligent design.
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.
Lawyers know the law and how to apply it to
the particular facts of your 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.
As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on
the particular facts of that case, and nothing more.»
It is one that focuses on
the particular facts of the case within the context of the particular family.
In the meantime it is a case that may well cause Coroners and Clinical Negligence practitioners to pause for thought about whether
the particular facts of a case before them might result in not just a finding of «mere» negligence, but of a violation of Article 2 to boot.
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.
this judgment turns on
the particular facts of this case, and should be interpreted narrowly by lower courts.
If an individual displays a degree of ambivalence towards the welfare of any sentient species, it is a small step to accept that behaviour must, subject to
the particular facts of each case, impact upon how they relate to humans.
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?»
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.
The broker's liability would depend upon
the particular facts of each case.
Not exact matches
If we as a society turn away from enforcing the rules about coordination, corporate contributions, and disclosure simply because the
particular facts of the Stormy Daniels
case are tawdry, we will come to regret it.
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.
Whether using fully autonomous military drones is morally permissible will thus turn on the
facts of the
particular case» e.g., how effective such drones are in killing the enemy, how accurately they distinguish between combatants and non-combatants, and so on.
The report went on: «The
fact that so many Sharia rulings in Britain relate to
cases concerning divorce and custody
of children is
of particular concern, as women are not equal in Sharia law, and Sharia contains no specific commitment to the best interests
of the child that is fundamental to family law in the UK.
While Holmes frankly admitted that he hated
facts and used them only as pegs on which to hang legal principles, Brandeis, as a practicing lawyer, immersed himself in the
facts of a
case to show that a
particular outcome was the more just.
We often differ both in our interpretation
of the broad sweep
of history and in our understanding
of what is really the
case (the «
facts») in a
particular situation.
For the perfected actuality passes back into the temporal world, and qualifies this world so that each temporal actuality includes it as an immediate
fact of relevant experience» (351) 3 Some interpreters refer also to Whitehead's reference to the «superjective nature»
of God in Process and Reality: «The «superjective» nature
of God is the character
of the pragmatic value
of his specific satisfaction qualifying the transcendent creativity in the various temporal instances» (88).4 In this
case, however, the actual warrant lies again on page 351, as it is under the light
of that
particular passage that the «superjective character» on page 88 is interpreted as a reference to the objectification
of the consequent nature.
It is also emphatically to be observed that in very
fact the principle
of exact retaliation is not normative in the Old Testament; that the law is demonstrably
of Canaanite formulation as it appears here, borrowed for an interim period by Israel, and retained only for certain
particular cases as a norm
of judgment in specific instances
of injury.
In the
case of a «speculative system» which fuses historically obsolete cosmologies, Whitehead's repeated and in
fact passionate emphasis that the «elucidation
of immediate experience is the sole justification for any thought» (PR 4/6) seems not at all able to be brought into some coherent association, Whitehead's reflection that we could ask ourselves «whether the type
of thought involved [in his cosmology] be not a transformation
of some main doctrines
of Absolute Idealism onto a realistic basis» (PR xiii / viii) may hit not only upon the widespread skepticism with regard to the «main doctrines
of Absolute Idealism» in general, but also, in
particular, upon doubts concerning their ability to be transformed «onto a realistic basis.»
In a Wall Street Journal article defending the importance
of the Senate filibuster, Sasse made the
case that the impulse — prevalent among Democrats and, increasingly, Republicans — to circumvent this process in order to effectuate a
particular result is in
fact «radical,» not «conservative.»
much like when a country can't divulge highly classified information publicly for obvious economic and military reasons, a professional soccer organization must keep certain things in - house so they don't devalue a player, expose a weakness, provide info that could give an opposing club leverage in future negotiations and / or give them vital intel regarding a future match, but when dishonesty becomes the norm the relationship between cub and fan will surely deteriorate... in our
particular case, our club has done an absolutely atrocious job when it comes to cultivating a healthy and honest relationship with the media or their fans, which has contributed greatly to our lack
of success in the transfer market... along with poor decisions involving weekly wages, we can't ever seem to get true market value for most
of our outgoing players and other teams seem to squeeze every last cent out
of us when we are looking to buy; why wouldn't they, when you go to the table with such a openly desperate and dysfunctional team like ours, you have all the leverage; made even worse by the
fact that who wouldn't want to see our incredibly arrogant and thrifty manager squirm during the process... the real issue at this club is respect, a word that appears to be entirely lost on those within our hierarchy... this is the starting point from which all great relationships between club and supporters form... this doesn't mean that a team can't make mistakes along the way, that's just human nature, it's about how they chose to deal with these situations that will determine if this relationship flourishes or devolves..
And I think one
of my concerns about all
of the coverage
of this
particular case in Virginia is that that'll just exacerbate this notion that, you know, women can't do this on their own, when in
fact, you know, the human race have survived so far with women doing that.
While there is grain
of truth in a number
of these accounts, contemporary research, and neuroscientific insights in
particular, adequately demonstrates that both
of these extremes distort what is in
fact the
case, and that both share a common mistake: underestimating the significance
of the neurochemical underpinnings
of human nature.