Sentences with phrase «reasonable opportunity has been given»

Considerations relevant in determining whether a reasonable opportunity has been given include the following:

Not exact matches

The addition of Sharlto Copley as a mercenary turned advocate of progression for third world countries gives the proceedings good opportunities to toy with expectations of the audience (keep in mind that none of the swerves are anything mind - blowing, but logically reasonable shifts that propel momentum forward and shake the plot up), but again, his arc (along with everyone else's including Harold's) could have been better realized).

If the vouchers were set at a reasonable level, entrepreneurs would be willing to open new schools, not only giving children the opportunity to leave the public schools but also providing schools at which to spend the voucher.

Frequent formative assessments mirror the final unit exam (or project, or performance, or portfolio, or demonstration, or...) Mr. Jones has developed in collaboration with his colleagues, and students are given reasonable opportunities within a reasonable timeline to redo, correct, or retake assessments.

Under Ofqual's proposal, exam boards would be required to collect a formal statement from schools, confirming pupils had been given «reasonable opportunities» to complete the non-exam assessment task and that 20 hours had been set aside for it.

Witnesses will give the cops a ring from the nearest phone if they see you commit a crime nearby — which can lead to some silly antics as you gun down one witness which causes another one to attempt the call and so on and so on until the game arbitrarily decides the whole thing has gone on long enough — but there's a reasonable length of time before the coppers will show up, providing plenty of opportunity to simply drive away or duck into an alley.

In this time, you will be given a reasonable understanding of the events of the first two games that have led up to this point, as well as being given the opportunity to make many of the integral decisions in the story so far.

In a voir dire proceeding the accused alleged a breach of his rights under Sections 7, 8 and 10 of the Charter of Rights and Freedoms and specifically that he was not given a reasonable opportunity to exercise his right to counsel and that the accused was not provided with a full range of resources and access to sources of information which reasonably were or ought have been made available to him to contact a lawyer, including internet access.

Rule 13 (3) prohibits an inquiry panel from including any «explicit or significant» criticism of a person in the report or any interim report unless that person has been sent a warning letter, and given a reasonable opportunity to respond.

In this case, the police officer's legal opinions constituted an inducement that render the statement involuntary for the following reasons: i) the legal advice provided by the police officer was central to the issues that the accused ought to consider in assessing whether or not to provide an inculpatory statement; and ii) the accused had stated he wished to seek the advice of Counsel before providing a statement; and iii) the accused did not expressly waive his rights or indicate that he had changed his mind about consulting Counsel before providing a statement; and iv) no reasonable opportunity was given for the accused to consider his options; and v) it can be reasonably argued all subsequent statements were influenced by the police officer's legal advice.

[19] Ms. Brake was not given any clear and reasonable opportunity to correct the alleged issues that the Defendant was having with her employment performance.

The court considered those comments and concluded that a reasonable person would conclude that the mediator / arbitrator had made up his mind about the behaviour of the mother (which she disputed), and that by refusing to grant a short delay for the hearing he had failed to give her a reasonable opportunity to be heard.

In particular, the accused says that he was not given a reasonable opportunity to exercise his right to counsel and that the accused was not provided with a full range of resources and access to sources of information which reasonably were or ought have been made available to him to contact a lawyer, including internet access...

The trial judge had found that, instead of telling the plaintiff what was expected of him and giving him a reasonable opportunity to respond to the criticisms against him, the responsible Xerox manager became «more authoritarian, impatient and intolerant» and «subsequently acted impulsively and without justification.»

However, if the Ex-partner has not retrieved the items despite being given such reasonable opportunity to do so, then they can be disposed of in a reasonable manner — or better yet, donated to a charity (with the donation receipts retained; they can be used for Canada Revenue Agency purposes.)

«Responsible journalism,» as the Lords called their new defence, posited that if a journalist has taken reasonable steps to verify that a story is true, and has given the subject an opportunity to respond, he or she can not be found liable for defamation, even if the story contains untruths.

Lord Cooke stated that, applying the concepts of reasonableness between neighbours and reasonable foreseeability, a defendant, having been given notice of the nuisance and the opportunity to abate it, might fairly be expected to bear the cost of reasonably necessary remedial works, and the party on whom the cost fell may recover it, even though there may be elements of hitherto unsatisfied pre-proprietorship damage or «protection for the future», provided there is no double recovery.

A covered entity may disclose protected health information in response to an order in the course of a judicial or administrative proceeding if reasonable efforts have been made to give the individual, who is the subject of the protected health information, notice of and an opportunity to object to the disclosure or to secure a qualified protective order.

As part of the process, they will be given an opportunity to argue that you don't have the right that you think you do and, even if you do, what they are doing doesn't infringe it or is reasonable in the circumstances.

Alexander established that the test of sufficiency of information is a general, not a mechanistic, one, namely whether or not the employee has been given sufficient to give him a reasonable opportunity to consider his response.

29 If, on the application of any person, a justice is satisfied that a person has habitually, persistently and without reasonable cause commenced vexatious proceedings in the court, the justice may, after hearing that person or giving that person an opportunity to be heard, order that proceedings must not be brought or commenced in the court without leave of a justice.

At first blush, it would be reasonable to think that being «open» would give you more opportunities to consider, not less.

The Agreement defines what the parties think would be fair and reasonable — it gives them the opportunity to decide for themselves what will happen to marital property upon the death of either spouse or divorce.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.

In Brown v. Wheeler, the Court of Special Appeals of Maryland affirmed the trial court judgment holding in favor of defendant because plaintiff failed to allege or show that: (1) landlord had actual knowledge or reason to know of the presence of chipping, peeling, and flaking lead paint and that such condition was hazardous, and (2) landlord was given reasonable opportunity to correct hazard.

The court affirmed the trial court judgment holding in favor of defendant because plaintiff failed to allege or show that: (1) landlord had actual knowledge or reason to know of the presence of chipping, peeling, and flaking lead paint and that such condition was hazardous, and (2) landlord was given reasonable opportunity to correct hazard.

The Court stated that «in a lead paint poisoning claim based on negligence, a plaintiff must identify admissible evidence that, if believed, would prove that the landlord (1) had actual knowledge or reason to know of chipping, peeling, and flaking lead paint on the premises and that such a condition was hazardous, and (2) the landlord was given a reasonable opportunity to correct the hazard.»