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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AIR QUALITY |
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Air quality generally refers to either the outdoor and indoor air quality standards set by the US Government that determines the acceptable levels of certain gaseous emissions.
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AMPUTATION |
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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.
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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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BIRTH INJURY |
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Occasionally during the birth process, the baby may suffer a physical injury that is simply the result of being born. This is sometimes called birth trauma or birth injury. 1 in 200 babies is born with some form of birth injury, and many of these cases may have been caused by medical negligence.
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BUILDING CODE |
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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).
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BUS ACCIDENT |
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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.
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CONVENTION CENTERS |
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A convention center, in American English, is an exhibition hall, or conference center, that holds conventions. A large, cavernous public building with enough open space to host public and private business and social events for the surrounding municipal and metropolitan areas.
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CORRECTIONS |
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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.
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DNA TESTING |
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Deoxyribonucleic acid (DNA) is a nucleic acid usually in the form of a double helix that contains the genetic instructions specifying the biological development of all cellular forms of life, and most viruses. DNA is a long polymer of nucleotides and encodes the sequence of the amino acid residues in proteins using the genetic code, a triplet code of nucleotides.
Genetic fingerprinting, DNA testing, DNA typing, and DNA profiling are techniques used to distinguish between individuals of the same species using only samples of their DNA. Its invention by Sir Alec Jeffreys at the University of Leicester was announced in 1985.
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D.O.T. / REGULATORY COMPLIANCE |
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The United States Department of Transportation (DOT) is a Cabinet department of the United States government concerned with transport. It was established by an act of Congress on October 15, 1966 and began operation on April 1, 1967. It is administered by the United States Secretary of Transportation.
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DRAM SHOP |
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Dram shop or Dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.
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DWI - Driving While Intoxicated |
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Drunk driving is the act of operating a motor vehicle under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S..
The specific criminal offense is usually called driving under the influence [of alcohol and/or other drugs] (DUI), and in some states driving while intoxicated (DWI) or operating while impaired (OWI). Such laws may also apply to boating or piloting aircraft.
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EMERGENCY MEDICINE |
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EMERGENCY MEDICINE - The branch of medicine concerned with the provision of immediate treatment to the acutely ill or injured. Emergency medicine is a branch of medicine that is practiced in a hospital emergency department, in the field (in a modified form; see EMS), and other locations where initial medical treatment of illness takes place.
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GEOLOGY |
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Geology (from Greek γη- (ge-, "the earth") and λογος (logos, "word", "reason")) is the science and study of the Earth, its composition, structure, physical properties, history and the processes that shape it. It is one of the Earth sciences. Geologists have helped establish the age of the Earth at about 4.6 billion (4.6x109) years, and have determined that the Earth's lithosphere, which includes the crust, is fragmented into tectonic plates that move over a rheic upper mantle (asthenosphere) via processes that are collectively referred to as plate tectonics. Geologists help locate and manage the earth's natural resources, such as petroleum and coal, as well as metals such as iron, copper, and uranium. Additional economic interests include gemstones and many minerals such as asbestos, perlite, mica, phosphates, zeolites, clay, pumice, quartz, and silica, as well as elements such as sulfur, chlorine, and helium. Experts who analyze slope creep, slides, earthquake damage, fault studies, environmental contamination, and construction claims.
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HIGHWAYS |
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Find HIGHWAYS experts and consultants for HIGHWAYS litigation support. Available to be HIGHWAYS expert witnesses and provide HIGHWAYS forensic consulting in HIGHWAYS litigation, in addition prepare HIGHWAYS expert witness reports for use in deposition and/or in-court trial testimony.
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HOSPITAL ADMINISTRATION |
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Find HOSPITAL ADMINISTRATION experts and consultants for HOSPITAL ADMINISTRATION litigation support. Available to be HOSPITAL ADMINISTRATION expert witnesses and provide HOSPITAL ADMINISTRATION forensic consulting in HOSPITAL ADMINISTRATION litigation, in addition prepare HOSPITAL ADMINISTRATION expert witness reports for use in deposition and/or in-court trial testimony.
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IME UT - UTAH |
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An IME is a objective medical, dental or psychiatric examination to evaluate the causal relationship between an incident and a disease process to establish the cause and effect relation between the two. High-quality examinations provide unbiased, accurate and medically sound information.
Doctors performing IME's must be licensed to practice in:
o Medicine & Surgery,
o Osteopathic Medicine & Surgery,
o Podiatric Medicine & Surgery,
o Chiropractic, or
o Dentistry.
Approved doctors are not obligated to accept examination assignments, nor are doctors guaranteed referrals.
Doctors performing IMEs must know about:
The purpose of an IME.
IME provider number.
Qualifications of an approved provider.
Responsibilities during the examination.
Completion of job analysis.
Ongoing treatment for the worker.
Responsibilities regarding testimony.
How complaints are handled.
Rating systems to use.
Information to include in the report.
Fee schedule for IMEs.
IMEs for impairment rating only.
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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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JAILS |
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A prison is a place in which individuals are physically confined or interned and usually deprived of a range of personal freedoms. Prisons are conventionally institutions which form part of the criminal justice system of a country, such that imprisonment or incarceration is the legal penalty that may be imposed by the state for the commission of a crime.
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LAND USE PLANNING & ZONING |
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Land Use Planning is the term used for a branch of public policy which encompasses various disciplines which seek to order and regulate the use of land in an efficient way.
Despite confusing nomenclature, the essential function of planning remains the same whatever term is applied. The Canadian Planners Association offers a definition that; "[Land Use] Planning means the scientific, aesthetic, and orderly disposition of land, resources, facilities and services with a view to securing the physical, economic and social efficiency, health and well-being of urban and rural communities"
Zoning is a North American term for a system of land-use regulation. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one part of a community from another. Zoning regulations fall under the police power rights governments may exercise over real property. Theoretically, its primary purpose is to segregate uses that are thought to be incompatible; in practice, zoning is used as a permitting system to prevent new development from harming existing residents or businesses. Zoning is commonly controlled by local governments such as counties or municipalities.
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LIFTING EQUIPMENT |
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A mechanical jack is a device which lifts heavy equipment. The most common form is a car jack which lifts vehicles so that maintenance can be performed. Car jacks usually use mechanical advantage to allow a human to lift a vehicle. More powerful jacks use hydraulic power to provide more lift over greater distances. A mechanical jack is called a Floor Jack or a Garage Jack. A three ton jack is good around the Shop or the DIYer's Garage. The higher the jack's ton rating the better, a three ton jack will raise an automotive more than the 2 1/2 jack.
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LIQUOR LIABILITY |
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Dram shop or Dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.
Dram shop liability refers to the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages and liquor. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties - those not having a relationship to the bar, as a result of alcohol-related car crashes and other accidents.
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MANUFACTURED BUILDINGS / HOMES |
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Manufactured housing (known in some countries, including the United Kingdom, as prefab housing) is a type of housing unit that is largely assembled in factories and then transported to sites of use.
Prefabricated homes, often referred to as prefab homes, are dwellings manufactured off-site in advance, usually in standard sections that can be easily shipped and assembled. Many of the current prefab home designs on the market have jovial, eclectic elements of postmodernism or the clean, simple lines of futurism. Prefab homes have not been particularly marketable; possible reasons for this include:
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METEOROLOGY |
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Meteorology is the scientific study of the atmosphere that focuses on weather processes and forecasting. Meteorological phenomena are observable weather events which illuminate and are explained by the science of meteorology. Those events are bound by the variables that exist in Earth's atmosphere. They are temperature, pressure, water vapor, and the gradients and interactions of each variable, and how they change in time. The majority of Earth's observed weather is located in the troposphere.
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OWNER OPERATOR |
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Owner operator refers to a person who owns and operates either a small business or tractor/trailer for their own business.
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PARKS |
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A park is any of a number of geographic features. Originally, the term referred to an area maintained as open space where residences, industry and farming were not allowed, often originally so that nobility might have a place to hunt. These were known for instance, as deer parks (deer being originally a term meaning any wild animal). Many country houses in Britain and Ireland still have parks of this sort, which since the 18th century have often been carefully landscaped for aesthetic effect. They are usually a mixture of open grassland with scattered trees and sections of woodland, and are often enclosed by a high wall. The area immediately around the house is the garden. In some cases this will also feature sweeping lawns and scattered trees; the basic difference between a country house's park and its garden is that the park is grazed by animals, but they are excluded from the garden.
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PATERNITY TESTING |
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A paternity test is conducted to prove paternity, that is, whether a man is the biological father of another individual. This may be relevant in view of rights and duties of the father. Similarly, a maternity test can be carried out. This is less common, because at least during childbirth, except in the case of a pregnancy involving embryo transfer or egg donation, it is obvious who the mother is.
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PRISONS |
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A prison is a place in which individuals are physically confined or interned and usually deprived of a range of personal freedoms. Prisons are conventionally institutions which form part of the criminal justice system of a country, such that imprisonment or incarceration is the legal penalty that may be imposed by the state for the commission of a crime.
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PROCESS SERVER - PROCESS SERVICE |
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Service of process is the term given to legal notice of a court or administrative body's exercise of its jurisdiction over a person (defendant etc.) who is the subject of proceedings or actions brought before such court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents to such person.
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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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PROPERTY MANAGEMENT |
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A property management company is tasked with the responsibility of managing the multiple aspects which come along with the ownership of real estate. This is much akin to the role of management in any business. One important role is that of acting as liaison between the landlord and tenant. Duties of property management companies include accepting rent, responding to and addressing maintenance issues, advertising vacancies for landlords, and doing credit and background checks on tenants.
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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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REAL ESTATE BROKER / AGENT |
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A real estate broker is a party who acts as an intermediary between sellers and buyers of real estate and attempts to find sellers who wish to sell and buyers who wish to buy. In the United States, the relationship was originally established by reference to the English common law of agency with the broker having a fiduciary relationship with his clients. Estate agent is the term used in the United Kingdom to describe a person or organization whose business is to market real estate on behalf of clients.
In the US, real estate brokers and their salespersons (commonly called real estate agents) assist sellers in marketing their property and selling it for the highest possible price under the best terms. When acting as a Buyers agent with a signed agreement, they assist buyers by helping them purchase property for the best possible price under the best terms. Due to the importance of this role, most brokers that seek to play the role of client advocate are now seeking out the services of Certified Mortgage Planners, industry experts that work in concert with Certified Financial Planners to align consumers' home finance positions with their larger financial portfolio(s). Without an agreement, brokers may assist buyers in the acquisition of property but still represent the seller and the seller's interests.
In most jurisdictions in the United States, a person is required to have a license in order to receive remuneration for services rendered as a real estate broker. Unlicenced activity is illegal, but buyers and sellers acting as principals in the sale or purchase of real estate are not required to be licenced. In some states, lawyers are allowed to handle real estate sales for compensation without being licenced as brokers or agents.
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SEX OFFENDERS |
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A sex offender is a person who has been criminally charged and convicted of, or has pled guilty to, a sex crime. As a label of identity it is used in criminal psychology. Especially in the United States and the United Kingdom, the person, if convicted, is most likely required to register with the respective jurisdiction's sex offender registry.
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SLIP FALL ACCIDENTS |
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A "slip and fall" or "trip and fall" is the generic term for an injury happening when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. It includes falls as a result of water or a banana peel or a grape on the floor of a store, ice or snow on an outside sidewalk, oil in a parking lot, abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground.
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VEHICLE - REPOSSESSIONS |
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When you finance or lease a car, truck or other vehicle, your creditor or lessor holds important rights on the vehicle until youve made the last loan payment or fully paid off your leasing obligation. These rights are established by the signed contract and by state law. For example, if your payments are late or you default on your contract in any way, your creditor or lessor may have the right to repossess your car. In many states, creditors or lessors can do this legally without going to court or warning you in advance, as long as they do not breach the peace. In addition, your creditor or lessor may be able to sell your contract to a third party, called an assignee, who may have the same rights and responsibilities as the original creditor or lessor.
However, some state laws limit the ways a creditor or lessor can repossess and sell a vehicle to reduce or eliminate your debt. If any rules are violated, the creditor or lessor may be required to pay you damages.
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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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