ADJUDICATION, MEDIATION / CONCILIATION |
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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.
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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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AUTOMOBILE ACCIDENT |
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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.
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BANK COMPLIANCE |
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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.
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BANKING |
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A bank is an institution that provides financial service, particularly taking deposits and extending credit.
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BANKING REGULATION |
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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.
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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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COMPENSATION / WAGES / SALARY |
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The compensation of every employee is decided by the company owners through the board of directors (in the case of the most highly compensated executive positions) and the management team (or "management committee") (for everyone else). The board of directors may have a personnel and compensation committee that deals specifically with labor compensation.
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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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DEATH PENALTY |
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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 societies either by means of judicial process or through political motivations such as the supression of political dissent. Among democratic countries around the world, most European and Latin American ones have abolished capital punishment (except the United States, Guatemala and most of the Caribbean), while democracies in Asia and Africa retain it. Among nondemocratic countries the use of the death penalty is common.
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DEFAMATION |
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In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of publishing (meaning to a third party) a false statement that negatively affects someone's reputation. "Defamation" is the term generally used internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".
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DEPOSITIONS |
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In law, a deposition is the act or fact of taking sworn testimony, outside of court, in certain well-defined circumstances. It is a part of the discovery process whereby litigants obtain information from each other in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition.
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ELDER CARE / ABUSE |
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Elder abuse is a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.
Elderly care or elder care is a broad term encompassing such services as assisted living, adult day care, long term care, nursing homes, hospice care, and Alzheimer's care.
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INFECTIOUS DISEASE |
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In medicine, infectious disease or communicable disease is disease caused by a biological agent such as by a virus, bacterium or parasite.
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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 - LIFE |
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Life insurance (Life Assurance in British English) is a type of insurance. As in all insurance, the insured transfers a risk to the insurer, receiving a policy and paying a premium in exchange. The risk assumed by the insurer is the risk of death of the insured.
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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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LAW ENFORCEMENT STANDARDS / PRACTICES |
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In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of independent paralegals are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be drafted by computer assisted drafting libraries, where the clients are asked a series of questions posed by the software in order to construct the legal documents.
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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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MARITAL DISSOLUTION - DIVORCE |
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Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property.
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MEDICAL LIENS |
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As all healthcare providers know, patients do not always have the present financial ability to cover the cost of their medical bills. In cases involving injury to a patient through the negligence of another, healthcare professionals can employ medical liens to secure payment for their services. Medical liens can be created in two different ways: 1) by contract and 2) by operation of law. This article will briefly touch on contractual liens while focusing on the express statutory language which create liens through the operation of law.
Find MEDICAL LIENS experts and consultants for MEDICAL LIENS litigation support. Available to be MEDICAL LIENS expert witnesses and provide MEDICAL LIENS forensic consulting in MEDICAL LIENS litigation, in addition prepare MEDICAL LIENS expert witness reports for use in deposition and/or in-court trial testimony.
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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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PHARMACEUTICAL LITIGATION |
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Thousands of people die from or are seriously injured by prescription and over-the-counter drugs each year. Patients trust these defective drugs will not harm them because they have been approved by the U.S. Food and Drug Administration or been prescribed by doctors or pharmacists they know and trust.
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PREMISES LIABILITY |
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Find PREMISES LIABILITY experts and consultants for PREMISES LIABILITY litigation support. Available to be PREMISES LIABILITY expert witnesses and provide PREMISES LIABILITY forensic consulting in PREMISES LIABILITY litigation, in addition prepare PREMISES LIABILITY expert witness reports for use in deposition and/or in-court trial testimony.
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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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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 DEATH |
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Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives. The claim is the result of statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a persons injury would result in civil sanction but activties that resulted in a persons death would not.
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