ARBITRATION / MEDIATION |
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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.
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ASBESTOS |
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Asbestos (a misapplication of Latin: asbestos "quicklime" from Greek ἄσβεστος: a-, "not"; sbestos, "extinguishable") describes any of a group of fibrous metamorphic minerals of the hydrous magnesium silicate variety. The name is derived for its historical use in lamp wicks; the resistance of asbestos to fire has long been exploited for a variety of purposes. It was used in fabrics such as Egyptian burial cloths and Charlemagne's tablecloth, which, according to legend, he threw in a fire to clean. Asbestos occurs naturally in many forms (see below); it is mined from metamorphic deposits.
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CIVIL RIGHTS - EQUAL RIGHTS |
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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.
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CLAIMS |
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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 claimants rights under Federal and State privacy laws. They must determine whether the customers 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.
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DAMAGES |
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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.
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DRUG TESTING |
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A Drug test is a process using some kind of biological matter taken from an individual to determine previous drug use. Drug testing is a subject of much controversy. Many have argued that it is an invasion of privacy. The accuracy and effectiveness of some tests are also in question, however, if proper steps are followed, including a GC/MS quantitative laboratory confirmation test, drug testing technology is highly reliable.
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ENGINEERING - FORENSIC |
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Forensic engineering is the investigation of materials, products, structures or components that fail or do not operate/function as intended. A criminal aspect is possible in any investigation but is not always the case; civil cases are much more common. Generally the purpose of a forensic engineering investigation is to locate cause or causes of failure with a view to improve performance or life of a component. It can also involve investigation of intellectual property claims, especially patents. Methods used in forensic investigations include reverse engineering, inspection of witness statements, a working knowledge of current standards, as well as examination of the failed component itself. The fracture surface of a failed product can reveal much information on how the item failed and the loading pattern prior to failure.
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EXPERT WITNESS SALES |
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An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion.
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INSURANCE BROKER / AGENT |
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An insurance broker sources (brokes) contracts of insurance on behalf of their customers.
The term Insurance Broker became a regulated term under the Insurance Brokers (Registration) Act 1977[1] which was designed to thwart the bogus practices of firms holding themselves as brokers but in fact acting as representative of one or more favoured insurance companies.
Insurance brokerage is largely associated with general insurance (car, house etc.) rather than life insurance, although some brokers continued to provide investment and life insurance brokerage until the onset of more onerous Financial Services Authority regulation in 2001.
Insurance broking is carried out today by many types of organizations including traditional brokerages, Independent Financial Advisers (IFAs) and telephone or web-based firms.
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INSURANCE - GENERAL |
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General insurance policies, including automobile and homeowners policies, provide payments depending on the loss from a particular financial event. General insurance typically comprises any insurance that is not determined to be life insurance, and is called property and casualty insurance in the U.S..
In the UK, General insurance is broadly divided into three areas; personal lines, commercial lines and London market.
The London market insures with large commercial risks, for example insuring supermarkets, football players and other very specific risks.
Commercial lines products are usually designed for relatively small legal entities. These would include workers comp (employers liability), public liability, product liability, commercial fleet and other general insurance products sold in a relatively standard fashion to many organisations.
Personal lines products are designed to be sold in large quantities. This would include autos (private car), homeowners (household), pet insurance, creditor insurance and others.
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INSURANCE - PERSONAL INJURY PROTECTION (PIP) |
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Personal Injury Protection (PIP) is an extension of car insurance available in some American states, which covers medical expenses and, in some cases, lost wages and other damages. PIP pays off regardless of who is at fault and is mandatory in some states, especially those with no-fault laws.
PIP can cover within the specified limits, the medical, hospital and funeral expenses of the insured, others in his vehicles and pedestrians struck by him. The basic coverage for the insured's own injuries on a first-party basis, without regard to fault. It is only available in certain states.
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MACHINERY SAFEGUARDING |
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Crushed hands and arms, severed fingers, blindness -- the list of possible machinery-related injuries is as long as it is horrifying. There seem to be as many hazards created by moving machine parts as there are types of machines. Safeguards are essential for protecting workers from needless and preventable injuries.
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MALPRACTICE, DENTAL |
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In law, dental malpractice is type of tort in which the misfeasance, malfeasance or nonfeasance of a dental professional, under a duty to act, fails to follow generally accepted professional dental standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.
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MALPRACTICE, HOSPITAL |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, MEDICAL |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, NURSING |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, PARAMEDIC |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, PSYCHIATRY |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, PSYCHOLOGY |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MEDICO-LEGAL |
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The plaintiff has the burden of proof. Expert witnesses are usually required to testify as to practice standards, while lay witnesses must confine their testimony to facts they perceived with their own senses. To be qualified as an expert, a person must have a sufficient level of education, training, and experience in the relevant field, and it must be shown that their testimony will assist the judge and/or jury in determining a contested issue. The law requires that lay jurors or judges, being untrained in medicine, must accept expert evidence as to whether the provider deviated from the requisite standards but since the plaintiff and the defendant will usually each hire their own experts, there will be conflicting opinions.
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MOTOR VEHICLE ACCIDENT MVA |
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Motor-vehicle collisions are damaging events involving road traffic, particularly automobiles. They can cause damage to vehicles, people or structures. Motor-vehicle collisions also called traffic collisions, auto accidents, road accidents, car accidents, personal injury collisions, motor vehicle acccidents, 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.
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POLLUTION |
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Pollution is the release of environmental contaminants. Carbon monoxide, sulfur dioxide, chlorofluorocarbons (CFCs), and nitrogen oxides produced by industry and motor vehicles are common air pollutants. Sunlight converts nitrogen oxides and hydrocarbons to ozone or smog. Water pollutants may consist of a wide range of organic and inorganic chemicals such as heavy metals, petrochemicals, chloroform, and bacteria. Water pollution may also occur in the form of thermal pollution and dissolved oxygen depletion. Soil contamination is an important aspect of environmental pollution; this phenomenon occurs when chemicals are released by spill or underground storage tank leakage. Among the most significant soil contaminants are hydrocarbons, heavy metals, MTBE, herbicides, pesticides and chlorinated hydrocarbons. The U.S., Russia, China and Japan are the world leaders in air pollution emissions; however, Canada is the number two country on a per capita basis.
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PRODUCT LIABILITY |
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Product liability can mean a defective product that has caused you a injury or an illness. Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product.
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PROFESSIONAL LIABILITY |
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In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
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REINSURANCE |
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Reinsurance is a means by which an insurance company (called the reinsured, ceding company or cedant) shares the risk of loss with another insurance company (called the reinsurer).
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STRUCTURED SETTLEMENTS |
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Structured Settlements are legal agreements between two parties whereby one party agrees to make payments over time in exchange for their release of liability to another party. Structures are usually associated with personal injury claims in which a plaintiff (structured settlement recipient) agrees to accept annuity payments from an insurance company in exchange for release of liability against a defendant.
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TECHNOLOGY |
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Technology is a word with origins in the Greek "technologia" ("τεχνολογία") "techne", "τέχνη" ("craft") and "logia", "λογία" ("saying")." "Technology" is a broad term dealing with the use and knowledge of humanity's tools and crafts.
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TORT LAWSUITS |
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In the common law, a tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case. The term itself comes from Law French and means, literally, "a wrong". In the French language, the phrase avoir tort translates to "to be wrong". The equivalent body of law in civil law legal systems is delict. A tort is a breach of a non-contractual duty potentially owed to the entire world, imposed by law. The majority of legal claims are brought in tort.
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USE OF FORCE |
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The use of force to settle conflicts is much debated in theory and in practice (see moral philosophy, ethics).When a conflict is viewed as being between parties having the same standing, observers often recommend the use of negotiation or other "conflict resolution" techniques. When a conflict is viewed as being between a law-breaker and a law-enforcer, observers tend to side with the enforcer (but with important exceptions). Analysis of conflicts, and of when and where it is legitimate for an involved (or intervening) party to use force to settle it, quickly becomes complicated.
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WORKERS COMPENSATION |
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Workers compensation systems (workers comp or compo) provide for financial compensation for work-related injuries of employees, in particular compensation of loss of wages, sometimes also for medical costs. These laws are usually a feature of highly developed industrial societies. Employees compensation laws are often only implemented after long and hard fought struggles by trade unions, particularly in early industrialisation. There are often benefits available to dependents of workers killed on the job as well.
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WRONGFUL TERMINATION |
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Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employees contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Note that the absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a contract may include obligations and rights outlined in an employee handbook.
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