Sentences with phrase «particular parties in a case»

This Supreme Court term turned out to be important for civil procedure, with three significant rulings on personal jurisdiction — when a court has control of the particular parties in a case.

Not exact matches

And in the case of financial institution a relevant place to apply it would be where it's important for a particular product or service to have either more trust from third parties or to engage third parties in building a network without a traditional intermediary.

Parties going to trial file motions in limine to exclude certain types of evidence from trial and this is what they did here and the judge decided that those particular pieces of information are not relevant to this case.

Corporations could further lower their profile in such cases by not making contributions specific to a particular expenditure by that third - party corporation.

In order to address the question, I estimate what the party first preference votes would be in the different constituencies, assuming similar (proportional) changes in party vote shares in all constituencies to those that are being suggested by a particular opinion poll, or — in this case — an average of the most recent pollIn order to address the question, I estimate what the party first preference votes would be in the different constituencies, assuming similar (proportional) changes in party vote shares in all constituencies to those that are being suggested by a particular opinion poll, or — in this case — an average of the most recent pollin the different constituencies, assuming similar (proportional) changes in party vote shares in all constituencies to those that are being suggested by a particular opinion poll, or — in this case — an average of the most recent pollin party vote shares in all constituencies to those that are being suggested by a particular opinion poll, or — in this case — an average of the most recent pollin all constituencies to those that are being suggested by a particular opinion poll, or — in this case — an average of the most recent pollin this case — an average of the most recent polls.

The sixth case study is political and many people are / were willing to overlook this particular one, in the national interest - the fact that it appears that persons who are members of the ruling party have a de facto immunity against prosecution for corruption, while the arrests and trials appear directed against members of the opposition PDP.

However, the prosecution counsel, Rotimi Oyedepo, drew the attention of the court to Section 396, sub-section 4 of the Administration of Criminal Justice Act 2015, which states that «no party will be entitled to more than five adjournments in a particular criminal case.»

The original response from the party defamed by Victoria Strauss in this particular case (which is linked in this thread) refuted her on all points and showed more subject knowledge, more intelligence and more professionalism than what she wrote (which included Victoria Strauss basically calling the woman a liar in reply to a response).

In such cases, instead of Loan funds being forwarded directly to the corresponding Field Partner, Kiva may, for example, have to transact with other intermediaries (such as the Field Partner's U.S. - based affiliates or other third parties licensed in the particular country to transact in foreign currencies) to structure a different indirect funding process that enables a Borrower to ultimately be supported by a Partner Loan from yoIn such cases, instead of Loan funds being forwarded directly to the corresponding Field Partner, Kiva may, for example, have to transact with other intermediaries (such as the Field Partner's U.S. - based affiliates or other third parties licensed in the particular country to transact in foreign currencies) to structure a different indirect funding process that enables a Borrower to ultimately be supported by a Partner Loan from yoin the particular country to transact in foreign currencies) to structure a different indirect funding process that enables a Borrower to ultimately be supported by a Partner Loan from yoin foreign currencies) to structure a different indirect funding process that enables a Borrower to ultimately be supported by a Partner Loan from you.

This may be the case, in particular, when the European Union's position is expressed when referring to that of another negotiating party, or when an examination of the position of the European Union or of its evolution during the negotiations allows the position of one or more other negotiating parties to be inferred, more or less accurately.»

But, as South Florida Lawyers points out, lawyers do sometimes file such motions (at least in the Southern District of Florida) which alert the court, other lawyers and the parties in the case that the lawyer filing the motion will be «unavailable» for a particular period of time.

However, there is a technique for finding cases in which a particular lawyer appeared for one of the parties.

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.

Professor White suggests that it does matter how opinions are written because they have important consequences for the parties in a particular case and for the future.29 He further argues that a crucial part of legal activity is the criticism of opinions on rational, political, and moral grounds because that is how relevant arguments are made in support of changing or retaining current rules of law.30 For him, the bigger question «is whether law will move in the direction of trivializing human experience, and itself, or in the direction of dignifying itself and that experience.»

It is reasonable to expect that confidential client information will be exposed to non-lawyers, including both in - house and third - party personnel, who perform work on a particular case.

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

In particular, Rule 26 (b)(3) eliminates the distinction between attorney work - product and non-attorney work - product, focusing on whether the materials were prepared in anticipation of litigation or trial.28 Further, Rule 26 (b)(3) preserves work - product protections unless the party seeking discovery has a «substantial need» for the materials in the preparation of the party's case and the party is unable without «undue hardship» to obtain the «substantial equivalent» of the materials by other means.In particular, Rule 26 (b)(3) eliminates the distinction between attorney work - product and non-attorney work - product, focusing on whether the materials were prepared in anticipation of litigation or trial.28 Further, Rule 26 (b)(3) preserves work - product protections unless the party seeking discovery has a «substantial need» for the materials in the preparation of the party's case and the party is unable without «undue hardship» to obtain the «substantial equivalent» of the materials by other means.in anticipation of litigation or trial.28 Further, Rule 26 (b)(3) preserves work - product protections unless the party seeking discovery has a «substantial need» for the materials in the preparation of the party's case and the party is unable without «undue hardship» to obtain the «substantial equivalent» of the materials by other means.in the preparation of the party's case and the party is unable without «undue hardship» to obtain the «substantial equivalent» of the materials by other means.29

Traditional legal analytics show how often parties or law firms win cases, or the likelihood of winning legal relief in front of a particular judge.

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.

In particular, note that Civil Procedure Rule 31.4 and Practice Direction 31.2 A require that parties discuss with their opponents and, where possible, agree a strategy for the search and production of key evidence including ESI at an early stage, before the Case Management Conference.

(1) Regarding the formation and effect of a contract (excluding labor contracts; hereinafter referred to in this Article as «consumer contract») between a consumer (i.e., an individual, excluding those cases where the party acts as a business or for a business) and a business operator (i.e., a juridical person or other corporate association, or an individual in those cases where the party is acting as a business or for a business), even where by choice under Article 7 or variation under Article 9, the applicable law would be a law other than that of the consumer's habitual residence, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumer's habitual residence should apply, this mandatory rule shall also apply to the matters covered by the rule concerning the consumer contract's formation and effect.

In this particular type of situation, it could be many different parties at fault in which aLouisville medical malpractice attorney can review your case and determine who should be held accountable for the mistakIn this particular type of situation, it could be many different parties at fault in which aLouisville medical malpractice attorney can review your case and determine who should be held accountable for the mistakin which aLouisville medical malpractice attorney can review your case and determine who should be held accountable for the mistake.

Basically, facts that are not in dispute (either because the parties agree upon them or because application of the law to the facts dictates a particular result) are presented to the court, and then the court must decide if the case can move forward.

In such cases, unless the parties to the dispute had previously contracted to limit such claims to a particular forum, a small claims matter will be brought in a Small Claims CourIn such cases, unless the parties to the dispute had previously contracted to limit such claims to a particular forum, a small claims matter will be brought in a Small Claims Courin a Small Claims Court.

Donaldson LJ in fact pointed out (at pp. 251 - 252) that, in that particular case, the parties did not initially share a lawyer.

Users will be able to apply these analytics on a granular basis, such as by looking at the cases judges rely on when they rule for a particular party or in a particular type of action.

The travel ban cases in particular seemed to be unbelievable to people used to the Chinese legal system, which is still controlled by the Communist Party.

The parties disagreed as to the approach that the court should take in respect of the latter requirement in circumstances where there were two conflicting accounts as to what occurred at a meeting, which the court could not resolve on written evidence alone; in particular, where both sides might be said to have a good arguable case.

The notion of «extraneous cause» covers various cases, including in particular force majeure or fortuitous events but also an action by a third party or by the party to which the penalty must be paid.

Ultimately, it held that in this particular case, Merck did not establish that it fell within the third - party extension.

While each award must be made with reference to the particular circumstances and facts of the case, other cases may serve as a guide to assist the court in arriving at an award that is just and fair to both parties: Kuskis at para. 136.

In cases where we do not act for the parties, our firm has been retained by counsel to assist on particular issues as they arise.

However, although the English court was prepared to approve this aspect of the settlement, the case — and in particular the terms of the cross-border determination reached between the parties — was controversial.

By virtue of these clear links between WTO law and EU law, two thin branches were lowered, allowing private parties in particular to lodge complaints in cases in which non-compliance with certain WTO obligations adversely affects them.

In particular, it considered what the correct interpretation of the Apportionment Act 1870, ss 2 and 7 is and, if s 7 allows parties to exclude the principle under s 2, whether the parties did so in this casIn particular, it considered what the correct interpretation of the Apportionment Act 1870, ss 2 and 7 is and, if s 7 allows parties to exclude the principle under s 2, whether the parties did so in this casin this case.

Jurors who have had previous cases with or against the parties or their attorneys, or who have had a case of their own heard before that particular judge, may be stricken for cause in some courts.

However, an opinion from the California Court of Appeal that is directly on point to the facts in a particular case can not be cited as persuasive authority by a party or a court.

In particular, the Court accepted that, in this case, the instruments accurately reflected the true agreement of the partieIn particular, the Court accepted that, in this case, the instruments accurately reflected the true agreement of the partiein this case, the instruments accurately reflected the true agreement of the parties.

He stated that more evidence was necessary to «do justice between the parties» because: 1) the case turned on credibility, the Plaintiff's in particular; the Plaintiff denied consenting to the tooth removal, even though the Defendants» records suggested otherwise.

One key to success in tort claims is realistically assessing the damages suffered in a particular claim, and once established, being prepared to proceed to trial if the responsible party, or in most cases, its insurer, refuses to pay full value for the claim.

Although The Cochran Firm, D.C. did not represent any of the parties in this particular case, our experienced and dedicated injury attorneys frequently represent injury victims and do so on a contingency basis.

Notwithstanding the above, recognition and enforcement has been refused on grounds of public policy for the following reasons: the award was obtained by fraud (see Westacre Investments Inc v Jugoimport - SPDR Holding Co Ltd [1999] 2 Lloyd's Rep 65 (CA) and Tamil Nadu Electricity Board v ST - CMS Electric Company Private Ltd [2008] 1 Lloyd's Rep 93); the award was tainted by illegality (Soleimany v Soleimany [1998] 3 WLR 811); the underlying agreement was contrary to principles of EU law, in particular competition law as set out in Articles 101 and 102 of the TFEU (Eco Swiss China Time Ltd v Benetton International NV (1999)(Case C - 126 / 97); and the award was unclear as to the obligations imposed on the parties (Tongyuan (USA) International Trading Group v Uni-Clan Ltd (2001, unreported, 26 Yearbook of Commercial Arbitration 886).

In particular we think that these types of cases — which all involve informal arrangements which lawyers (and judges) must slot in to pre-existing conceptual categories (or create new ones, recall for example, Justice Denning's judgment in Errington v Errington, [1952] 1 KB 290)-- require a more careful analysis of the legal relationships between the parties in both law and equitIn particular we think that these types of cases — which all involve informal arrangements which lawyers (and judges) must slot in to pre-existing conceptual categories (or create new ones, recall for example, Justice Denning's judgment in Errington v Errington, [1952] 1 KB 290)-- require a more careful analysis of the legal relationships between the parties in both law and equitin to pre-existing conceptual categories (or create new ones, recall for example, Justice Denning's judgment in Errington v Errington, [1952] 1 KB 290)-- require a more careful analysis of the legal relationships between the parties in both law and equitin Errington v Errington, [1952] 1 KB 290)-- require a more careful analysis of the legal relationships between the parties in both law and equitin both law and equity.

«In order to win a «slip and fall» case, the victim must prove that the responsible party knew or should have known of a particular hazard and failed to take corrective action.

Although it is clear that the circumstances of the case are not always sufficient to decide the applicability of a particular directive, placing the responsibility for invoking its protection primarily with parties would run contrary to its goal: protecting consumers, who are less well versed in the law than corporate persons and generally do not have the same financial means.

Except in rare cases, such as where a party proves that they have an equitable or trust ownership interest in a particular piece of property, there is no sharing in the value of assets or in the debts or liabilities incurred by a party after V - Day.

[22] Having regard to the range of non-pecuniary damages awarded in the cases cited by the parties, and the particular circumstances of the plaintiff, I find an award of $ 7,000 is appropriate.

While the Courts recognize that many intellectual property cases are bifurcated, the onus is still on the party seeking bifurcation to show it is appropriate in a particular case, given that the default is for all issues to be resolved at one trial.

Indeed, the policy may be said to apply with particular force in those cases where the parties are seeking to settle a discrimination claim.

Consideration should also be given to whether the reporting or disclosure restrictions will provide sufficient protection from the risk, whether the safety of the parties in cases where the court considers there are particular physical or health risks against which reporting restrictions may be inadequate to afford protection, and the extent to which the court should, of its own motion, take steps to protect the welfare of any vulnerable adult or child who is unrepresented before the court.