Sentences with phrase «person under the circumstances»

Specifically, the exemption requires that the advisor, the institution issuing the product and client enter into a contract that clearly commits the advisor to acting in the client's best interests, using the care, skill and prudence that would be exercised by prudent person under the circumstances (the definition that generally governs a fiduciary's duties in other contexts).

When upon stopping a person under circumstances prescribed in subdivisions one and two a police officer or court officer, as the case may be, reasonably suspects that he is in danger of physical injury, he may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law - abiding persons.

(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if: (a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or (b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or (c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

The key element in legal analysis is the ability to show that a reasonable person under the circumstances would have acted differently from the defendant whose actions or omissions are under review.

Not exact matches

What a clever way to bail on a bad situation: claiming that you were trying to be the bigger person, or at least a good sport under trying circumstances.

Under no circumstances does the company or its people officially comment on anything, whether it's products, trends or even the weather outside.

Under current circumstances, though, too many people are sinking or barely staying afloat.

People have patience for new products that may benefit them later or under different circumstances.

As immigration lawyer Ava Benach put it to Bloomberg, «people who have brown skin might feel pretty uncomfortable coming to the U.S. under these circumstances.»

Advice is in the retirement investor's best interest when the advice is rendered «with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, based on the investment objectives, risk tolerance, financial circumstances, and needs of the Retirement Investor, without regard to the financial or other interests of the Adviser, Financial Institution, or any Affiliate, Related Entity, or other party.»

This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 % of our common stock and persons holding our common stock as part of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.

* As invitations are extended to specific individuals, and are subject to approval, substitutions are only permitted with Fortune's approval before June 17, 2017 under the following circumstances: The request must be received in writing and the person nominated for substitution must submit a registration form.

In fact, almost 56 percent of people who purchased homes in that time would never have been able to do so under normal circumstances.

Acts with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person would exercise; 2.

-- continue to offer flexible work arrangements — for some people, in specific jobs, and under specific circumstances.

«Plaintiffs failed to use and exercise... the proper care and precautions which a reasonable prudent person under the same or similar circumstances would have exercised,» attorneys for Oakmont Senior Living wrote in a response to the lawsuit.

What's clear is that even though several big companies have made waves with pronouncements about limiting work - from - home options, many of those same companies — even Yahoo — continue to offer flexible work arrangements — for some people, in specific jobs, and under specific circumstances.

Under no circumstances the company has any liability to any person or entity for any loss or damage cause by operations on this website.

Under very precise circumstances naming someone a heretic or viper could be appropriate if it actually stirs the people of God in the right direction in thinking and action.

I think there's a separate discussion to be had about morality, what «should» be done under the circumstances, rather than what people are forced into.

I am not talking about people with «narcissistic traits» or those that are «stressed under circumstances and behaving poorly.»

He was born under such and such circumstances; he came under the formative influences of the people to which he belonged; and when upon reaching maturity he felt an inner impulse and call to this end, he began in his own way to teach others.

What the relativity of values does show is that no one system of preferences can win assent for all people and under all circumstances.

If the fullness of life is the goal, and if the sexual options are abstinence that can not be managed without physical distress and impairment of personality, or an affair under the circumstances which I have just outlined, then I believe that an affair might be for some people the best option, the most life - giving.

The kind of action from social awareness that is demanded by perfect love is such as must admit the tragic reality that there are people who are genuinely intent upon using their freedom to destroy the freedom of others, and that, under certain circumstances, love itself may dictate that «It is better that many should die prematurely than that nearly all men should live in a permanent state of hostility or slavery» (MVG 173).

Whenever the people of Israel have attempted to constitute a national life on this soil in disregard of its election, the soil has rejected them under the most catastrophic circumstances.

To ask this, I must imagine myself into those circumstances as the other person; to answer it I have recourse only to my values — but these are grounded in the next, Kantian extension of the imaginative habit: what kind of world would this be if everybody were to behave / react in this manner under the same, possibly mitigating, circumstances?

What you really think is that you've already seen more than enough of that woman and her boring husband, and that even if next Friday weren't the opening game of the NBA championship series you still wouldn't want to be with them — not for any reason, not under any circumstances, not if they were the last people on earth, not in a million years.

We indeed must criticize and condemn immoral acts of black people, but we must do so cognizant of the circumstances into which people are born and under which they live.

It is also the only way to avert the execution of persons who did commit the crime in question, but did so under circumstances of mitigation or diminished capacity such that capital punishment would not normally have been imposed had the circumstances been more fully understood.

Relatively few sins are committed with the conscious awareness of wrong - doing, for persons have an almost unlimited capacity for rationalizing their impulses until they feel that while something might be wrong for other persons or under other circumstances, it is right for them at that time.

Under no other circumstance does a person interrupt himself by telling those about him «we read» or «we find in this story».

Yet under such circumstances, without using force, he changed the behavior of a people who were prejudiced, cruel, and aggressive.

In that conversation, voices have been heard urging a view of conscience that is curious, even dangerous: Under certain circumstances, conscience may permit or even require that a person choose acts that the Church has consistently taught are intrinsically wrong — such as using artificial means of contraception, or receiving Holy Communion while living the married life in a union that's not been blessed by the Church.

I had always thought that if the wartime Gestapo ordered me to kill ten Jews or face death myself, the proper (and under these specific circumstances, Christian) response was to kill the person who gave me the order (with a distant second place to simply awaiting death).

But perhaps any social ethos that rewards perfectly intelligent, well - off, healthy, educated people for being what under normal circumstances would be considered downright stupid, deserves to be damaged.

Yet many church groups conduct programs of «public affairs» as if persons are autonomous units, isolated from the influence of power entities in their communities and able to regulate their behavior under all circumstances by dint of sheer moral will.

«As she rushes about spitting on those who under ordinary circumstances would almost choose death rather than to suffer such pollution from a Madiga, she breaks into wild, exulting songs, telling of the humiliation to which she is subjecting the proud caste people.

Explicit confession of the Lordship of Jesus is not necessary for salvation, at least under certain circumstances» very wide circumstances, it turns out» says Rob Bell in his Love Wins: A Book About Heaven, Hell, and the Fate of Every Person Who Ever Lived.

Instead, he ordered his people to invade and slaughter the natives, killing them to the last man, woman and child, specifically instructing them to show no mercy to anyone under any circumstances.

«After all,» I wrote to a friend, «we've been married almost four years now, under circumstances that most people would think pretty lousy and we have received wonderful gifts of companionship and love and comfort.

Some other news about young people: 57 percent said that the primary reason they helped others was that it «makes them feel good personally»; 19 percent would not fight for their country under any circumstances, 24 percent were uncertain and 60 percent would not be willing to volunteer one year to serve their country; 17 percent could think of no famous person or celebrity they admired (only 1 percent admired Mother Teresa, and Donald Trump received a similar vote — indicating that religious and business leaders are among the least admired adults); 65 percent would cheat on a major exam in school, while 36 percent would lie to protect a friend who vandalized; 53 percent claimed that growing up for them is harder than it was for their parents (minority young people were more likely to say it was easier).

The Church of England agreed in 2002 that divorced people could remarry in church under certain circumstances.

Under such circumstances, the Holy Spirit came and transformed that small collection of people into the first congregation of the Christian church.

It will be truly difficult for me to recommend Rainforest Alliance certified coffee under these circumstances — am I supposed to tell people to check the country of origin then look up, translate, and evaluate the coffee guidelines for that country (if they exist) and see if they exceed the insufficient generic standard?

The chef clarified that, under normal picnicking circumstances, one person shouldn't be responsible for bringing all the food; delegation is key.

Under the circumstances people always shoot at us.

«She's one of a handful of people with an incredible passion and a willingness to pursue a lifelong commitment under what can be pretty difficult circumstances.»

MLB could not have known the circumstances these games would be played under when it first announced the teams and dates last June, but the series is resonating with people who desperately need a break.

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...