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In the context of the present case this means that the writ should be granted, if, and only if, a coerced confession was in fact admitted at the trial.
In the context of the present case, this appears to mean that current technological progress enabling the Government more easily to use an individual's compelled statements against him in a criminal prosecution should be matched by frank judicial contraction of the privilege against self-incrimination lest the Government be hindered in using modern technology further to reduce individual privacy.
Even more apposite, in the context of the present case, is the fact that the Court has verified, on occasion, whether acts adopted by the Community for the purpose of giving municipal effect to international commitments were in compliance with general principles of Community law.
At least in the context of the present case, we disagree, because here the District Court denied relief not because it felt that petitioner's lawsuit raised triable issues, but because it was of the erroneous view that a state suit could never be enjoined unless it sought "an unlawful objective, as, for example, when a union sues to enforce an unlawful contract". App. to Brief for petitioner C5.
38 As Members of the United Nations, the Member States, and particularly – in the context of the present case – those belonging to the Security Council, have to act in such a way as to prevent, as far as possible, the adoption of decisions by organs of the United Nations that are liable to enter into conflict with the core principles of the Community legal order.
He stressed that "the State's legitimate interests might well occasion a result different from what should obtain in the factual context of the present case".
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1347, is decisive of the present case.
The Court distinguished the factual context in Lines International from the present case on two bases.
But the factual context is, naturally enough, a question of fact, and it is the context that the parties dispute in the present case.
Had the present case arisen in the context of a federal investigation designed simply to uncover evidence of criminal activity, we would need to go no further.
The present case study had as object of investigation the Mobile Emergency Service, in the Brazilian context, from the approaches of Transport Health and Engineering.
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CEO of Professional Science Editing for Scientists @ prosciediting.com