Sentences with phrase «standard applied in that case»

The standard applied in that case is the standard applied to changes in custody, which ultimately is a «best interests of the child» standard.

Not exact matches

It doesn't take much to see how that could have led to rules that'd apply the same standards across the board — only, in that case, it would've had the side effect of bolstering online privacy on all sides.

The district court in First Solar ultimately applied the standard from the Daou line of cases and held that plaintiffs did not need to show that the market reacted to the fact that First Solar had committed fraud in order to satisfy the loss causation requirement.

However, the district court in First Solar recognized that a second line of Ninth Circuit cases had applied a different standard.

Plaintiffs in the court case that threw out the Department of Labor's fiduciary rule declared «complete victory» against the rule and said the way is now clear for the Securities and Exchange Commission to create a new standard that would apply across financial disciplines.

It is not possible to lay down any general rule which can be applied as the fixed standard in all cases of this nature.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

(7) instructs the shadow Sponsor Board and Delivery Authority and their statutory successors to apply high standards of cost - effectiveness and demonstrate value for money in the business case, to report back to Parliament with up to date costings and a realistic timetable for the duration of the work, and to include measures to ensure: the repair and replacement of mechanical and electrical services, fire safety improvement works, the removal of asbestos, repairs to the external and internal fabric of the Palace, the removal of unnecessary and unsightly accretions to the Palace, the improvement of visitor access including the provision of new educational and other facilities for visitors and full access for people with disabilities;

The legislation would apply only in state court, easing some legal standards the advocates faced in the federal case, City Councilman Brad Lander said.

The researchers say they have demonstrated a proof - of - concept prototype that, when less than 1,000 volts were applied, got the case to contract and push a fluid consisting of deionized water and food dye up so that a pin would rise more than 0.5 millimeters — the standard height of a Braille dot — in less than 100 milliseconds (initial experiments have been done without a pin in the case).

The EPA's Mercury and Air Toxics Standard (MATS) applies to 1,400 of the country's largest power plants and would come into force in 2015, or in some cases, 2016.

The two discs are packed in a standard Blu - ray case and topped by a slipcover applying stylish foil effects to the front and back.

Case in point: California teacher Elizabeth Little applied Common Core standards to teach her students to make a banana calculator.

In seeking to extend learning beyond the classroom and school it became the case that a system of badging for providers who service the educational demand elsewhere ought to have some form of accreditation to safeguard schools, their students and teachers and confirm that acceptable standards of good practice are being applied at those learning venues.

While there was an incentive for the adoption of high standards (amounting to less than 10 % of the total available points), «requirement» has a specific meaning that does not apply in this case.

We have high hopes that the Fifth Circuit will rule, like the NLRB did in the Texas case, in favor of exempting Louisiana public charter schools from the NLRB's jurisdiction and a consistent standard for all charter schools will be applied across the Fifth Circuit.

We hope the decision from the NLRB in the Universal Academy case will persuade the Court to rule in favor of exempting Louisiana public charter schools from the NLRB's jurisdiction and a consistent standard for all charter schools will be applied across the Fifth Circuit.

(B) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions as defined in the regulations of the Nuclear Regulatory Commission); and

It also gets a fulltime four - wheel - drive transfer case with a dedicated low range, which combines with the newly standard nine - speed automatic transmission to improve crawl ratios and applied wheel torque in slippery situations.

Standard questions apply in each case, such as:

(In which case, of course, it would have been expected to comply with whichever proper, scholarly standards applied in the fielIn which case, of course, it would have been expected to comply with whichever proper, scholarly standards applied in the fielin the field.

In such cases, the so - called «Jeffreys» prior» is generally the correct choice, and can be calculated by applying standard formulae.

I think it's clear that if the same standard were applied in the Mann case, none of the allegedly defamatory statements are specific enough to be considered factual accusations rather than mere opinions.

As a result, she thinks that the majority has left unresolved the issue of what constitutional standards should be applied in cases of extradition to third countries.

In its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member StateIn its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member Statein the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member Statein this case, the EU legal act harmonises the law between the Member States.

Citing Walsh v. Mobil, 2008 ABCA 268 (CanLII) at 43, the Court of Appeal noted its role involved determining whether the reviewing judge's decision (in this case the decision of Topolniski J.C.Q.B.A. with respect to the Chief Commissioner's decision) chose and applied the correct standard of review.

Splitting from the Ninth Circuit — the only other circuit court that addressed this issue directly — the Eighth Circuit rejected the proposed «knowingly» requirement, holding that a reasonableness standard shall apply in such cases.

But the same standard does not apply in civil cases, including civil forfeiture.

Well advised businesses will be ready to justify fairness of any material standard term and condition in every contested claim to which the 1999 regulations apply, irrespective of the consumer's statements of case.

Lord Steyn expressed the view in McCann that «pragmatism dictates that the task of magistrates should be made more straightforward by ruling that they must in all cases under section 1 apply the criminal standard».

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

100] Allowing the Spanish authorities to apply a different standard in the present case «would have the effect, in particular, of seriously undermining the uniformity of the level of protection defined in Article 4a (1) of the Framework Decision and might hinder the execution of European arrest warrants issued for the purpose of executing judgments given in absentia.»

Within the scope of application of EU law national courts can already now apply higher standards of fundamental rights protection based on the ECHR and are obliged in cases of doubt to submit a question to the CJEU in the framework of a preliminary reference procedure.

Courts will apply the strict liability standard to toxic tort cases if they feel the polluter was partaking in something abnormally dangerous.

For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.

This is the case, in particular, where the tribunal applies substantive standards that existed before the entry into force of the treaty providing for jurisdiction.

Case study: In Bhandari v. Artesia General Hospital, et al., the State of New Mexico's Court of Appeals applied to communications with in - house counsel a tougher standard than it applied outside, private, and independent attorneyIn Bhandari v. Artesia General Hospital, et al., the State of New Mexico's Court of Appeals applied to communications with in - house counsel a tougher standard than it applied outside, private, and independent attorneyin - house counsel a tougher standard than it applied outside, private, and independent attorneys.

Teva's practical effect on patent infringement actions will depend on how the Federal Circuit applies the «clear error» standard in subsequent cases.

As reported by The Times of London, five law lords unanimously ruled in favor of a public - interest defense that more closely resembles the «actual malice» standard applied in U.S. libel cases involving public officials and public figures.

In the development of the standard, the difficulty arose in applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courtIn the development of the standard, the difficulty arose in applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courtin applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courtin the time before no - fault divorce, or matters of equity decided in the common law courtin the common law courts.

The 2012 decision remanded the case back to the trial level, with instructions to apply the standard used in Gratz and Grutter.

Perhaps this is risky, but was Wellman's research (on precedent splits) so poor that it wouldn't pass muster under the «ordinary care» standards that apply in malpractice cases?

But the court was unwilling to apply these broader tests developed in this period for disabilities to age discrimination cases, despite the 1999 B.C. v. BCGSEU [«Meiorin»] case that said we have to make human rights standards higher.

Unlike child support which is mandatory, spousal support is only granted once an entitlement has been proven and the duration and amount of any such payments will be determined by applying the standards enumerated in the case law and the SSAG.

The biggest cost is punting on the question of the standard to apply when the constitutional question reemerges in a future case.

Marc writes about the standard that lawyers might expect to be applied in cases where they represent a client and are identified as a potential witness in a bad - faith claim.

In each case, a standard of correctness is applied, but different reasons are given by each court.

In the former case, it would be incumbent on courts to identify any germane international human rights documents, apply that meaning to the relevant Charter provision, and then either accept that definition or seek to rebut it by meeting an unknown standard.

If the civil standard applied in relation to civil fraud so far as VAT is concerned, then there was no reason in principle why it should not apply to such matters in relation to income tax, and negligence was then an a fortiori case.

Car accidents fall under the scope of personal injury law in Utah, which allows us to apply relevant standards and statutes to any given case.