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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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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BANKRUPTCY |
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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.
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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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CONTRACT & MISC. SURETY |
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A surety is a person who agrees to be responsible for the debt or obligation of another. The situation in which a surety is most typically required is when the ability of the primary obligor or principal to perform its obligations under a contract is in question, or when there is some public or private interest which requires protection from the consequences of the principal's default or delinquency. In most common law jurisdictions, a contract of suretyship is subject to the statute of frauds (or its equivalent local laws) and is only enforceable if memorialized by a writing signed by the surety.
A surety bond is a contract between at least three parties: (i) the principal, (ii) the obligee, and (iii) the surety. Through this agreement, the surety agrees to make the obligee whole (usually by payment of money) if the principal defaults in its performance of its promise to the obligee. The contract is formed so as to induce the obligee to contract with the principal, i.e., to demonstrate the credibility of the principal.
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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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DUE DILIGENCE |
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Due diligence (also known as due care) is the effort made by an ordinarily prudent or reasonable party to avoid harm to another party or himself. Failure to make this effort is considered negligence. Quite often a contract will specify that a party is required to provide due diligence.
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ERRORS & OMISSIONS |
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In the litigious world we live in today, many business owners protect themselves with errors and omissions insurance (E&O). This type of insurance may be appropriate for anyone who gives advice, makes educated recommendations, designs solutions or represents the needs of others, such as teachers, consultants, software developers, ad copywriters, Web page designers, placement services, telecommunication carriers or inspectors.
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HAZMET - HAZARDOUS MATERIALS |
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A hazardous material (HAZMAT) is any solid, liquid, or gas that can cause harm to humans, other living organisms, or the environment due to being radioactive, flammable, explosive, toxic, corrosive, a biohazard, an oxidizer, an asphyxiant, or capable of causing severe allergic reactions. The term hazardous material is used in this context almost exclusively in the United States. The equivalent term in the rest of the English-speaking world is Dangerous Goods.
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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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INSURANCE - PROPERTY |
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Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance, flood insurance, earthquake insurance, home insurance or boiler insurance. Property is insured in two main ways - open perils, or all risk perils, and named perils. Open perils cover all the causes of loss not specifically excluded or eliminated in the policy. Named perils require the actual cause of loss to be listed in the policy for insurance to be provided. The more common named perils include such damage causing events as fire, lightning, explosion and theft. Some of the more common exclusions include earthquake, flood, nuclear incidents, and war.
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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, 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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MERGERS / ACQUISITIONS |
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The phrase mergers and acquisitions or M&A refers to the aspect of corporate finance strategy and management dealing with the merging and acquiring of different companies as well as other assets. Usually mergers occur in a friendly setting where executives from the respective companies participate in a due diligence process to ensure a successful combination of all parts.
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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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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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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 ENGINEER |
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Professional Engineer is the term for registered or licensed engineers in some countries, including the United States and Canada. Some individuals in these countries who have a degree in engineering from an accredited four-year university but do not have a license use the title Degreed Engineer.
The earmark that distinguishes a professional engineer is the authority to sign and seal or stamp engineering documents (drawings and calculations) for a design or a structure, thus taking legal responsibility for it.
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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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REAL ESTATE |
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Real estate or immovable property is a legal term (in some jurisdictions) that encompasses land along with anything permanently affixed to the land, such as buildings. Real estate (immovable property) is often considered synonymous with real property (also sometimes called realty), in contrast with personal property (also sometimes called chattel or personalty).
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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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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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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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