Although the previous defence of the person sections cried out for modernization, the heavy reliance the government and the courts seem to place on the objective versus
subjective standard of assessment, leaves one wondering where the individual fits into the new regime.
«Ontario is one of the only franchise statutes in the world that has that very open - ended and highly
subjective standard of having to disclose all other material facts,» says Frith.
Both apply the same
subjective standard of judgment: shock.
Those who use or support corporal punishment will continue to judge its acceptability by their own
subjective standards of what is «reasonable».
Not exact matches
In this light, purchasing something and then asking for a refund because it didn't meet
subjective standards sure seems like an outdated method
of buying and selling, given the encroachment
of real data.
Reading more
of the ICI findings, it is fairly apparent why the rule seeks to over-regulate annuity advisors who are subject to the rules - based and highly regulated suitability
standard while under - regulating fee - only advisors by holding them to a
subjective, principles based fiduciary
standard: to pander to the employer - sponsored plan providers and keep money from rolling over.
This
subjective standard, in addition to no option for reciprocal or provisional licenses, leaves businesses without much guidance in terms
of what is required to obtain a BitLicense, which undoubtedly has deterred many small business and start - ups from starting or operating virtual currency businesses in New York.
I work for an app developer company — so I may be
subjective in that sense — but for me eCommerce apps add a lot
of value on top
of the
standard offering
of the platforms.
Now it is exactly in situations like this — according to the
standard account
of orthodox Whiteheadians — that God is supposed to lure the world, by means
of what he proffers to actual occasions via
subjective aims, toward that falling out
of events which will make his future experience most positive.
«Religion must indeed be a thing
of the heart; but in order to elevate it from the region
of subjective caprice and waywardness, and to distinguish between that which is true and false in religion, we must appeal to an objective
standard.
We should ask ourselves whether we think
of success as something absolute and objective, involving the satisfaction
of a common
standard, or whether we think
of it as something relative and partly
subjective, involving a level
of achievement different for each person depending upon his or her natural talents and aptitudes.
Fundamental to this task is the search for an objective ground for value claims — a well - reasoned argument for external
standards which resists the ever - present tendency to reduce ethics to the
subjective whims and passions
of personal self - interest.
There is no objective
standard for determining what is part
of nature, but nearly everyone has strong
subjective feelings about what is nature and what by implication is unnatural.
In my mind UL does not mean that we love our children only when all the conditions are met - they are living up to our
standards and norms... For me, UL means that despite all the faults we might see in our child (our
subjective opinion), despite the child's life path that is different
of what we had in our mind for him, we still love him.
«There really isn't a
standard set
of agreed - upon criteria to measure something as complex and
subjective as creativity,» she said.
Obviously «solidly decent» is
subjective, and thus the actual bare effective minimum will also be dependent, but I will outline some * rough * strength
standards that I think are comparable with the kind
of «look» that most people are more or less after.
The percent
of time during which their esophageal pH was very low (highly acidic) was cut in half, and they reported significant improvements in their symptoms via a
standard GERD questionnaire that assesses
subjective feelings
of heartburn, pressure or discomfort inside the chest, a sour taste in the mouth, frequent gurgling in the stomach, nausea, a feeling
of pressure or a burning sensation in the throat, belching, flatulence, and more (21).
Resembling the typical tendency
of qualitative research, the investigation was
subjective and led to establish which were the best studies and academics
of the topic, suggesting a norm or a
standard.
There may be something to this argument, but the solution Litky presents is absurdly
subjective: every school should be able to devise its own
standards and ways
of showing it is achieving what the state claims to value.
One lesson from our experiences with first - wave reforms is that
standards - based reforms can generate a variety
of costs and benefits, which can be compared only on
subjective grounds.
d. State longitudinal data systems and a massive increase in state and federal gathering
of private family, education, and psychological data on our children without consent e. Career - tracking, which undermines self - determination by means
of an insistence on student compliance with the very flawed
standards and
subjective, unconstitutional psychological profiling f. Again, according to Education Week, the opt - out amendment that passed the House has been removed.
Data from this new scale will not be sent to the government, but the progress
of those assessed on the pre-key stage
standards will — and SEND experts are warning that decisions about which pupils will face which
standards is «too
subjective».
More often than not, the case rests on the
subjective judgment
of four evaluators hired by the pro-Common Core Thomas B. Fordham Institute in 2010, who opined that the new
standards were better than about three - quarters
of existing state
standards.
This lack
of explicit protection in combination with the long - standing controversial and
subjective nature
of history / social study
standards, give states and local districts have the power to either deny these students a positive, inclusive experience.
«In the more
subjective areas
of road - holding, handling, comfort, driver involvement and day - to - day usability, McLaren is achieving new
standards for a mid-engined high performance sports car in this sector,» he concluded.
Using my admittedly
subjective beauty
standards, I narrowed down self - publishing companies until I found Pronoun, the self - publishing imprint
of Macmillan.
While this claim is
subjective, the company hits home the idea that their formulas are based on sound nutritional principles with the backing
of veterinarians and animal health professionals, produced in company - owned facilities and held to the strictest
standards for quality and safety.
The Kennel Club and breed clubs need to reorganise their priorities, not just by tinkering with changes to breed
standards but by fully and genuinely placing the health and welfare
of dogs above the
subjective beauty
of the show ring.
The rating
of rooms as a name
of «
Standard» is just as a subjective therefore a standard room is always provided at a budget price which is nearly equal to the qualities of the Standard Superio
Standard» is just as a
subjective therefore a
standard room is always provided at a budget price which is nearly equal to the qualities of the Standard Superio
standard room is always provided at a budget price which is nearly equal to the qualities
of the
Standard Superio
Standard Superior Rooms.
gifs... The
standard disclaimers apply - no promise on final game quality, images are chosen by a completely
subjective formula
of «it caught my eye»...
Keenly aware
of art - historical
standards and contemporary political attitudes, she purposefully creates photographs that function as objective records and
subjective interpretations.
In conclusion, the great innovation
of a two - tier notification system employed by Bill C - 12 is entirely undermined by the use
of overly high, overly
subjective and overlapping
standards.
Yet this second
standard is
subjective in the extreme as organizations are given an array
of factors to weigh and counter-weigh.
The application
of this
standard is less straightforward than correctness: the determination
of whether an administrative decision intelligible, transparent and justified is a necessarily a
subjective exercise.
The legal
standard of legitimate government interest is a surprisingly high bar because it's very
subjective and courts traditionally preume that all legislative acts are rational, placing the burden on the plaintiff to show that it's not.
Dr. Filkins» research demonstrated that juries sometimes apply their own «internal or
subjective standard» by trying to determine whether the physician displayed genuine concern toward his patient rather than whether the physician followed the appropriate
standard of care.
In the case
of Syndicat Northcrest v. Amselem, the court established that the
standard to be used in determining whether the religious belief must be accommodated for is
subjective.
However, this case is also the first Court
of Appeal decision expressly holding that the test for a franchisor's compliance with its disclosure obligations under the Act is objective; that the focus must be on the nature
of the deficiency and its impact on the disclosure requirements on a reasonable (not
subjective)
standard.
As a matter
of policy, the law required an objective
standard to screen claims: «[65]... Given the frequency with which everyday experiences cause transient distress, the multi-factorial causes
of psychological upset, and the highly
subjective nature
of an individual's reaction to such stresses and strains, such claims involve serious questions
of evidentiary rigour.»
If the appeals in OBG and / or Mainstream had succeeded, then liability in economic tort would thereafter have depended not upon proof
of a
subjective intention to break contracts but upon some objective
standard similar to that applied under the law
of negligence.
In order for those phrases in s. 31.3 to provide sufficient evidence
of reliability: (1) they have to be given objective meanings, rather than
subjective meanings as determined by the operation
of the electronic system itself; and, (2) be based upon authoritative
standards.
She might have difficulties with the
standard interview process, upon which so much
of the
subjective hiring decision rides.
The leading Court
of Appeal judgment, by Ward LJ, runs through a lot
of trammelled cases which set the general
standard of approach, namely to treat claims on their
subjective merits.
Under the
subjective element
of the Twinsectra test, it was — on one reading — necessary for the defendant to be conscious that the transaction fell below the normally acceptable
standard of honest conduct.
It alleges that the motion judge reversed the onus
of proof by requiring the appellant to establish that an action would have been appropriate when the allergic symptoms first appeared in 2010 and also that she applied a
subjective rather than objective
standard to the determination
of when a proceeding would be an appropriate means to seek to remedy the injury, loss or damage.
There are many variants to a life insurance and what suits you totally depends on
subjective factors such as age, salary,
standards of living and financial habits.
The foregoing demonstrates that the application
of Rule 1910.16 - 5 (m) has been fact - specific and inconsistent in shared custody cases, partly because the «abuse
of discretion»
standard of appellate review necessitates
subjective analysis
of a myriad and disparate variety
of family circumstances.
In particular, we aim to provide data regarding inter-item correlations, means,
standard deviations, variances, Cronbach's a and factorial structure as well as relationship with specific criteria as life satisfaction, psychological resilience, inspiration, hope,
subjective happiness, depression, anxiety, stress, positive and negative emotions in terms
of criterion validity.
The measurement
of this is very
subjective, but in the world
of mental health self - report, or the
subjective, felt sense is the recognized
standard.
4) Quality
of life defined as
subjective evaluations
of both positive and negative aspects
of life covered physical functioning, occupational role, interpersonal relationships and psychological functioning, measured by validated standardized including General Quality
of Life Inventory -74 - GQOLI - 74 which measured physical functioning, psychological functioning, social functioning, and
standard of living; Well - Being scale - WBS, measure positive aspects
of psychological functioning.