Sentences with phrase «same facts many»

The ethics proceeding may arise from the same facts that give rise to an arbitration but involve the vindication of an entirely different set of interests; in the case of arbitration, the interests of the parties to the transaction in dispute; in the case of ethics, the interests of the Association in the protection of the public trust, confidence, and reliance that it has placed in REALTORS ®.

If Mediation Officers are members of the Grievance Committee, they shall not participate in the consideration of requests for arbitration or ethics complaints arising out of the same facts and circumstances giving rise to a matter they attempted to mediate.

«If we're all looking at the same facts, that makes it much easier to come to a common conclusion.»

An aggrieved consumer will use the same facts as they would in a lawsuit to file a claim to a real estate commission that issued the licenses.

When an ethics complaint and an arbitration request arising out of the same facts and circumstances are filed at the same time, the arbitration hearing shall be held first, and the citation (s) issued or ethics hearing held after the conclusion of the arbitration hearing consistent with Professional Standards Policy Statement # 35, Separation of Ethics Complaint and Arbitration Request, Code of Ethics and Arbitration Manual.

If it appears that there may be related claims involving other parties arising out of the same facts, the Grievance Committee may suggest to either the complainant or respondent (or both) that they may wish to request arbitration with additional respondents or third - party respondents so that all related claims may be resolved through a single arbitration hearing.

In the event the respondent named in any complaint alleging a violation of the Code of Ethics is involved in civil litigation or in any proceeding before the state real estate licensing authority or any other state or federal regulatory or administrative agency in a matter arising out of the same facts and circumstances giving rise to the complaint alleging unethical conduct, the complaint may, at the discretion of the Grievance Committee, or on appeal, at the discretion of the Board of Directors, proceed to a hearing before a Hearing Panel of the Board's Professional Standards Committee.

(e) In the event the respondent named in any complaint alleging a violation of the Code of Ethics is involved in any criminal litigation arising out of the same facts and circumstances giving rise to the complaint alleging unethical conduct, the complaint shall not proceed to a hearing before the Professional Standards Committee but rather shall be held in abeyance until the pending criminal proceedings have been concluded.

When an ethics complaint and an arbitration request are filed at the same time arising out of the same facts and circumstances, the arbitration hearing shall be held first and the ethics hearing shall be conducted by a different Hearing Panel after the conclusion of the arbitration hearing.

«It remains to be seen whether the Tribunal would consider that an application by the Commissioner under section 90.1 of the Act would be contrary to subsection 90.1 (10) of the Act, which provides that the Commissioner can not commence proceedings under section 90.1 on the basis of the same facts on which an order is sought by the Commissioner under section 79 of the Act.»

In collaborative divorce, you'll have all the professionals at the same table, working with the same facts, and engage coaches to keep everyone on track.

When you start building this resume, you can start with the same facts and save it to your computer so you can easily make changes for the next job you may apply for.

Consider also how to turn these same facts into implication questions — what happens if the opportunity is missed, the challenge not met, the problem not solved?

They never find a good independent life insurance agent to shop the same facts.

Greenfield's opener includes the same facts in every attorney profile (years of experience and areas of practice) but, most importantly, addresses what's at stake for his potential clients: the prospect of being convicted of a crime.

While faced with the same facts and evidence, it is therefore not surprising that different experts often reach different conclusions — what is perhaps more surprising is that so many experts are able to reach definitive conclusions at all.

Virtually every facet of it has been attacked and defended using the same facts.

Prior to Snowden there were countless revelations to the same effect and to the same facts.

joint trial: When two or more cases that have the same facts or issues of law are tried together.

With the same facts, but a $ 250,000 mortgage, an insurance payout of $ 200,000 would go to the bank holding the mortgage, no payment would be made for damage to the house to the home owner directly, and the homeowner could continue to retain the title to the parcel of real estate that the house was built upon subject to a remaining $ 50,000 mortgage balance.

In P&O Nedlloyd these cases were explained as cases in which the same facts gave rise to a claim — whether at law or in equity — and the same kind of relief was obtainable but it was on this basis that they were distinguished from a case involving claims in breach of contract and specific performance.

Dechert is also representing MOL in an arbitration against Croatia under the Energy Charter Treaty arising largely from the same facts.

Judicial separation is often, but not invariably, a first step towards divorce, and s. 4 (1) of the Matrimonial Causes Act 1973 states expressly that a court shall not be precluded from granting a decree of divorce by reason only that a decree of judicial separation has previously been granted on substantially the same facts.

XYZ Ltd was anonymised on the basis that there were ongoing criminal proceedings arising out of the same facts; to avoid the risk of prejudice in those proceedings, the court ordered that the judgment providing full details of the parties involved only be made public following the conclusion of those proceedings.

Sometimes the same facts allow both a constructive trust theory and a resulting trust theory to be deployed...

It is rare indeed to find a case with the exact same facts the Court has to consider.

An included offence is a distinct offence arising from the same facts as the expressly charged offence and which is necessarily committed when that offence is committed.

Although competences between criminal and administrative authorities are distinguished ratione materiae, situations can arise where different authorities have parallel competence over the same facts.

It makes clear that a tribunal can consider evidence in relation to, say, a discrimination claim, but then disregard it in relation to an unfair dismissal claim arising from the same facts.

There, a doctor had been charged with aggravated sexual assault based on the same facts in contention in the ongoing civil proceeding.

For example, it is usually not necessary to have more than one witness testify to the same facts.

Even if the circumstances show that the two witnesses observed the same facts, you would have to prove beyond a reasonable doubt that one party knew at the time that their statement was false.

The core principle of stare decisis is that the law should not depend on what judge you got; two cases with the same facts should have the same outcome.

The plaintiff then sued his first counsel again, on the same facts.

Usually one or more Claimants can complete only one ET1 if the Claim is substantially based upon the same facts.

As the Constitutional Court has held in its acts more than once, this constitutional principle means the innate human right to be treated equally with others and it consolidates formal equality of all persons, it obliges one to legally assess the same facts in the same manner and prohibits any arbitrary assessment of the essentially the same facts in a varied manner, it does not allow discrimination of persons or granting them any privileges.

He was found guilty again, even though the second conviction was based largely on the same facts as the first conviction.

Class claims would also be more economical for the parties because they would not need to re-litigate the same facts repeatedly in several forums.

Article 16 (3) provides that PR acquired in state A will continue to exist in state B even if it would not have been acquired in state B on the same facts.

This not correct if the trial judge meant to say that both the but - for test and the Resurfice material contribution test are capable of applying to the same facts.

The Elexirr system will receive the same facts and make its own predictions.

A consent dismissal guarantees that the plaintiff (Trans Mountain) can not sue the five defendants again on the same facts.

This means that the appeal tribunal will look at the same facts that the first decision - maker looked at and will decide on the basis of those facts whether the first decision was the right one.

There is a substantial body of case law on whether prosecution for a crime with elements A, B, and C bars prosecution for a crime with different elements arising from the same facts and circumstances (e.g. if acquittal of a lesser included offense whose elements must all be proved to convict on the more severe offense provides double jeopardy protection), that wouldn't be directly applicable in my alternative scenario because the offense tried the first time and the second would have exactly the same elements.

The clause prevents re-litigating the same facts (i.e. external circumstances), but in your scenario, you have entirely different facts.

By a majority of 5:2 the UKSC held (para 51 - 2) the Attorney General was not entitled by this wording to issue the certificate merely because, considering the same facts and arguments, he took a different view from that of the tribunal or court.

No two cases have the exact same facts.

The responsibility of the Court is not only to determine the issues in the instant case before it but do so in a way that provides some guidance as to how other courts might determine similar cases that are not necessarily based on the same facts but that at least give rise to the same or similar issues.

As to the former, the s 423 and declaration claims did not arise out of the same facts as the damages claim.

One of the difficulties faced by professional regulatory bodies is how to deal with professionals they have disciplined who then also face sanctions following criminal proceedings on the same facts.