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ACCIDENT INVESTIGATION

Accidents occur when hazards escape detection during preventive measures, such as a job or process safety analysis, when hazards are not obvious, or as the result of combinations of circumstances that were difficult to foresee. A thorough accident investigation may identify previously overlooked physical, environmental, or process hazards, the need for new or more extensive safety training, or unsafe work practices. The primary focus of any accident investigation should be the determination of the facts surrounding the incident and the lessons that can be learned to prevent future similar occurrences.

ADJUDICATION, MEDIATION / CONCILIATION

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved.

Mediation, in a broad sense, comprises an act of bringing two states, sides or parties closer or together. This article discusses the communication sense of the term. Separate articles, cultural and biological, treat of other senses of mediation.

Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term mediation covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialties. The main fields of mediation include commerce, legal disputes and diplomacy, but forms of mediation appear in other fields as well. Mediation in marriage technically belongs in the category, although it has followed its own peculiar history since the times of ancient Greeks: compare marriage counselling.

ADMIRALTY / MARITIME

Admiralty law (usually referred to as simply admiralty and also referred to as maritime law or Law of the Sea) is a distinct body of law which governs maritime questions and offenses. Under conventions of international law, the flag flown by a ship generally determines the source of law to be applied in admiralty cases, regardless of which court has personal jurisdiction over the parties. This has led some ships to fly flags of convenience.

AFFIRMATIVE ACTION

Affirmative action (U.S. English), or positive discrimination (British English), is a policy or a program aimed at increasing the representation of members of groups that have traditionally been discriminated against. This typically focuses on education, employment, government contracting, health care, or social welfare.

ALCOHOL ABUSE

Alcoholism is the compulsive consumption of alcohol. Some believe it to be a biological disease. The etiology and nature of alcoholism are both currently being debated within the medical and scientific communities and the very definition of alcoholism is a part of that debate. Alcoholism is often a controversial subject and the disease hypothesis represents a focus of the debate.

AMPUTATION

Amputation - a surgical removal of all or part of a limb. Amputation is the removal of a body extremity by trauma or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on individuals as a preventative surgery for such problems. In Islamic countries, amputation of the hands or feet is sometimes used as a form of punishment for criminals.

APPRAISAL / VALUATION

The appraisal value is the value of a company based on a projection of future cashflows that its owners will receive from the company's assets as well as from its current and future operations. The appraisal value is often used to measure the financial performance of insurance companies. It is also a useful tool in measuring the viability of new ventures.

ARBITRATION / MEDIATION

Arbitration is a form of mediation or conciliation, where the mediating party is given power by the disputant parties to settle the dispute by making a finding. In practice arbitration is generally used as a substitute for judicial systems, particularly when the judicial processes are viewed as too slow, expensive or biased. Arbitration is also used by communities which lack formal law, as a substitute for formal law. Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

AUCTIONS AND E-COMMERCE

An auction is the process of buying and selling things by offering them up for bid, taking bids, and then selling the item to the highest bidder. Auctioning can be traced as far back as 500 B.C.[1] In economic theory, an auction is a method for determining the value of a commodity that has an undetermined or variable price. Auctions can be with reserve or minimum, or without minimums, or absolute or no reserve. In reserve auctions, there is a minimum bid or reserve price; if the bidding does not reach the minimum, there is no sale (but the person who puts the item up for auction may still owe a fee to the auctioneer or auction company). In absolute or no reserve auctions, the sale is guaranteed, with only the price left to be determined. In the context of auctions, a bid is an offered price.

AUTOMOBILE ACCIDENT

Car accidents are damaging events involving road traffic, particularly automobiles. They can cause damage to vehicles, people or structures. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents, and (particularly by American radio traffic reporters) crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number (WHO, 2004). The term "accident" is considered inappropriate by some, as reliable sources estimate that upwards of 90% are the result of driver negligence.

AUTOMOBILE ELECTRICAL SYSTEMS

An automotive electrical systems consists of several different components that provide the electrical power needed to start the car and provides all the functionality in the passenger compartment. Lighting systems, battery and charging system, alternator, grounding system, all power and features like horn, radio, power windows, and door locks, security, wind shield wipers, and more.....

BAD FAITH

Bad faith is a legal concept that can be found in many areas of the law.

In philosophy, mauvaise foi (French, bad faith) or false consciousness, as propounded by French existentialist philosopher Jean-Paul Sartre, is the flight from existential responsibility and the inauthentic embrace of choices that conflict with ones convictions.

BANK COMPLIANCE

Compliance requirements are a series of directives established by United States federal government agencies that summarize hundreds of federal laws and regulations applicable to Federal assistance. Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. A bank is an institution that provides financial service, particularly taking deposits and extending credit.

BANKING

A bank is an institution that provides financial service, particularly taking deposits and extending credit.

BANKING REGULATION

Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. A bank is an institution that provides financial service, particularly taking deposits and extending credit.

BANKRUPTCY

Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested by creditors in an effort to recoup a portion of what they are owed; however, in the overwhelming majority of cases, the bankruptcy is initiated by the bankrupt individual or organization.

BICYCLE HELMETS

A bicycle helmet is designed to provide head protection for cyclists. Helmets are most suitable for preventing injury in straight falls, and for reducing friction related damage to the head. Modern bicycle helmets were first developed in the 1970s.

BREACH OF CONTRACT

Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other partys performance.

BUILDING CODE

A building code is a set of laws that specify how buildings should be constructed. This is generally considered the minimum acceptable level of safety for a new building in a jurisdiction. Building codes are generally intended to be applied by architects and engineers. There are often other codes or sections of the building code that have more prescriptive requirements that apply to housing (one and two family dwellings).

BUILDING SURVEYING

Surveying is the technique and science of accurately determining the terrestrial or 3D space position of points and the distances and angles between them. These points are usually, but not exclusively, associated with positions on the surface of the Earth, and are often used to establish land maps and boundaries for ownership or governmental purposes. In order to accomplish their objective, surveyors use elements of geometry (latin: measuring the Earth), of engineering, mathematics, physics, and law.

BUS TRANSPORTATION

A bus is a large, motorized, wheeled vehicle intended to carry numerous persons in addition to the driver. The name is a shortened version of omnibus, which means for everyone.

CANCER - TESTICULAR

Testicular cancer is a type of cancer that develops in the testicles, a part of the male reproductive system. In the United States, about 8,000 to 9,000 diagnoses of testicular cancer are made each year. Over his lifetime, a mans chance of getting testicular cancer is roughly 1 in 250 (four tenths of one percent, or 0.4%). It is most common among males aged 15–40 years. Testicular cancer has one of the highest cure rates of all cancers: in excess of ninety percent; essentially one hundred percent if it has not spread. Even for the relatively few cases in which the cancer has spread widely, chemotherapy offers a cure rate of at least fifty percent.

CARBON MONOXIDE EMISSIONS

Carbon monoxide, chemical formula CO, is a colorless, odorless, tasteless, flammable and highly toxic gas. It is a major product of the incomplete combustion of carbon and carbon-containing compounds. It is less dense than air under ordinary conditions, however it accumulates on the ground, meaning that if poisoning causes loss of consciousness the amount of carbon monoxide inhaled increases and so fatality is radically increased. It is very slightly soluble in water and burns in air with a characteristic blue flame, producing carbon dioxide; it is a component of producer gas and water gas, which are widely used artificial fuels. It is a reducing agent, removing oxygen from many compounds and is used in the reduction of metals, e.g., iron , from their ores. At high pressures and elevated temperatures it reacts with hydrogen in the presence of a catalyst to form methanol. Carbon monoxide is formed by combustion of carbon in oxygen at high temperatures when there is an excess of carbon. It is also formed with a byproduct oxygen by decomposition of carbon dioxide at very high temperatures (above 2,000 °C). It is present in the exhaust of internal-combustion engines, often the exhaust of automobiles, and is generated in coal stoves, furnaces, and gas appliances that do not get enough air. This may be due to insufficient ventilation or other reasons.

CASINOS / GAMBLING

A casino is a building that accommodates certain types of gambling activities. Casinos are often placed near or combined with hotels, restaurants, retail shopping and other vacation attractions to encourage long stays. Some casinos are known for hosting live entertainment events, such as concerts and sporting events, especially boxing.

CHECK KITING

Check kiting is any sort of fraud that involves drawing out money from a bank account that does not have sufficient funds to cover the check. It is typically achieved by taking advantage of the float, the time between the negotiation of the check and its clearance at the check-writer's bank. This fraud is also known as paper hanging and carries a heavier pejorative connotation. Before the passage of the Check Clearing for the 21st Century Act, when checks could take 3 or more days to clear, playing the float was fairly common practice in otherwise-honest low-income families who encountered emergencies right before payday.

CHEMICALS / ELEMENTS

A chemical element, often called simply element, is a chemical substance that cannot be divided or changed into other chemical substances by any ordinary chemical technique. The smallest unit of this kind of chemical substances is an atom, and the term "atom" is typically used to refer to atoms of particular elements. An element is a class of substances that contain the same number of protons in all its atoms. Chemicals are made from Chemical Elements.

CHILD PORNOGRAPHY

Generally, child pornography (sometimes referred to as CP, child porn, KP, or kiddie porn) is an illegal form of pornography, featuring minors. The term "child" is defined for this purpose by each country's child pornography laws, and these laws also set forth criteria to use in determining whether a particular depiction of a child is child pornography.

CIVIL RIGHTS - EQUAL RIGHTS

Civil rights are the protections and privileges of personal liberty given to all citizens by law. Civil rights are distinguished from "human rights" or "natural rights"; civil rights are rights that are bestowed by nations on those within their territorial boundaries, while natural or human rights are rights that many scholars claim ought to belong to all people. For example, the philosopher John Locke (1632-1704) argued that the natural rights of life, liberty, and property should be converted into civil rights and protected by the sovereign state as an aspect of the social contract. Others have argued that people acquire rights as an inalienable gift from a god or at a time of nature before governments were formed.

CLAIMS

A claim is a legal action to obtain money, property or the enforcement of a right protected by law against another party.

Individuals and businesses purchase insurance policies to protect against monetary losses. In the event of a loss, policyholders submit claims, or requests for payment, seeking compensation for their loss. Adjusters, appraisers, examiners, and investigators work primarily for property and casualty insurance companies, for whom they handle a wide variety of claims alleging property damage, liability, or bodily injury. Their main role is to investigate the claims, negotiate settlements, and authorize payments to claimants, all the while mindful not to violate the claimant’s rights under Federal and State privacy laws. They must determine whether the customer’s insurance policy covers the loss and how much of the loss should be paid to the claimant. Although many adjusters, appraisers, examiners, and investigators have overlapping functions and may even perform the same job, the insurance industry generally assigns specific roles to each of these claims workers.

CLASS ACTION MANAGEMENT (FOREIGN and DOMESTIC)

In law, the class action is a procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and fact

COMMODITIES

The word commodity is a term with distinct meanings in business and in Marxian political economy. For the former, it is a largely homogeneous product, whereas for the latter, it refers generically to wares offered for exchange. Linguistically, the word commodity came into use in English in the 15th century, being derived from the French word "commodité" meaning "benefit, profit", similar in meaning to biens (goods). The Latin root meaning is commoditas, referring variously to the appropriate measure of something; a fitting state, time or condition; a good quality; efficaciousness or propriety; and advantage, or benefit. The German equivalent is die Ware, i.e. wares or goods offered for sale.

COMPUTER / INFORMATION SCIENCES

Computer science is the study of the theoretical foundations of information and computation and their implementation and application in computer systems.[1] Many diverse fields exist within the broader discipline of computer science; some emphasize the computation of specific results (such as computer graphics), while others (such as computational complexity theory) relate to properties of algorithms used in performing computations. Still others focus on the problems involved in implementing computations. For example, programming language theory studies approaches to describing a computation, while computer programming applies specific programming languages to craft a solution to some concrete computational problem.

CONSTRUCTION

In project architecture and civil engineering, construction is the building or assembly of any infrastructure. Although this may be thought of as a single activity, in fact construction is a feat of multitasking. Normally the job is managed by the construction manager, supervised by the project manager, design engineer or project architect. While these people work in offices and make the most money, every construction project requires a large number of laborers to complete the physical task of construction.

CONSUMER MARKETING

Find CONSUMER MARKETING experts and consultants for CONSUMER MARKETING litigation support. Available to be CONSUMER MARKETING expert witnesses and provide CONSUMER MARKETING forensic consulting in CONSUMER MARKETING litigation, in addition prepare CONSUMER MARKETING expert witness reports for use in deposition and/or in-court trial testimony.

CONTEST / SWEEPSTAKES / LOTTERY / DRAWINGS

A sweepstakes is technically a lottery in which the prize is financed through the tickets sold. In the United States the word has become associated with promotions where prizes are given away for free. In other words, they specifically do not require a purchase to enter (these are called prize draws in the United Kingdom). Sweepstakes sponsors are very careful to dis-associate themselves from any suggestion that players must pay to enter, as this would bring them into conflict with lottery laws. The popularity of the term sweepstakes may derive from the Irish Sweepstakes, which was very popular throughout the world from the 1930s to the 1980s.

CONTRACTS - INTERPRETATION

A contract is a promis or an agreement that is enforced or recognized by the law. In the civil law, contracts are considered to be part of the general law of obligations. This article describes the law relating to contracts in common law jurisdictions.

Contract theory comprises many different theories and various interpretations of the various body of rules and subrules that define Contract Law.

Classical contract theory is the set of ideas and assumptions that underpinned the development of contract law in England and the United States during the 19th century. During this period, the prevailing liberal individualist philosophy of laissez faire elevated contract to a position of central importance in the law.

COOLING TOWERS

Cooling towers are structures for cooling water or other working medium to near-ambient temperature. The primary use of large, industrial cooling towers is to lower the temperature of the cooling water used in power plants, petroleum refineries, petrochemical plants, natural gas processing plants and other industrial facilities. It is desirable to cool the water rather than simply discharging it because the cooling water is typically demineralized and it is cheaper to cool it rather than getting more demineralized water. Furthermore, discharging large amounts of hot water may raise the temperature of the receiving river or lake to an unacceptable level for the local ecosystem. A cooling tower serves to dissipate the heat into the atmosphere instead and wind and air diffusion spreads the heat over a much larger area than hot water can distribute heat in a body of water.

COPYRIGHT - GENERAL

Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©.

CORRECTIONS

Corrections refer to one of the components of the criminal justice system. This includes halfway houses, parole programs, jails, prisons, and probation programs. In some countries, as well as in Western countries in the past, this also included judicially-ordered corporal punishment. Corrections is the process of trying to correct an individual so that they do not engage in criminal behavior.

CRIMINOLOGY

Criminology is the study of crime as a social phenomenon, including the causes and consequences of crime, criminal behavior, as well as the development of, and impact of laws. Research in criminology applies the scientific method to test hypotheses and ultimately develop theories that help explain the causes and other aspects of crime. Though both deal with crime, criminology differs from criminal justice in that latter focuses on the components of the justice system including police, courts, and corrections.

DAMAGES

In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. Generally, there are three kinds of damages: special damages, general damages, and punitive damages. Special damages are the enumerable or quantifiable monetary costs or losses suffered by the plaintiff, or the compensation therefore. For example, medical costs, repair or replacement of damaged property, lost wages, lost earning potential, loss of business, loss of irreplaceable items, loss of support, etc. General damages are items of harm or loss suffered, for which only a subjective value may be attached. Examples of this include personal injury, physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc.

DEATH PENALTY

Capital punishment, or the death penalty, is governmental killing by execution as punishment for a crime often called a capital offense or a capital crime. Historically, the execution of criminals and political opponents was used by nearly all societ