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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.

ADVERTISING

Firms in the advertising and public relations services industry prepare advertisements for other companies and organizations and design campaigns to promote the interests and image of their clients. This industry also includes media representatives—firms that sell advertising space for publications, radio, television, and the Internet; display advertisers—businesses engaged in creating and designing public display ads for use in shopping malls, on billboards, or in similar media; and direct mail advertisers. A firm that purchases advertising time (or space) from media outlets, thereafter reselling it to advertising agencies or individual companies directly, is considered a media buying agency. Divisions of companies that produce and place their own advertising are not considered part of this industry.

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.

AGE DISCRIMINATION

Ageism is bias against a person or group on the grounds of age. When that bias is the primary motivation behind acts of discrimination against that person or group, then those acts constitute age discrimination.

AGRICULTURE

Agriculture (a term which encompasses farming) is the art, science or practice of producing food, feed, fiber and many other desired goods by the systematic raising of plants and animals. Agri is from Latin ager ("a field"), and culture is from Latin cultura, meaning "cultivation" in the strict sense of tillage of the soil. Thus a literal reading of the English word yields tillage of the soil of a field. In actual usage, Agriculture denotes a broad array of activities essential to food and material production, including all techniques for raising and processing livestock (see Animal husbandry) no less than those essential to crop planting and harvesting.

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.

AMBIT ENERGY

Multi-level marketing (MLM) (also called network marketing or NM) is a business model that combines direct marketing with franchising. In a typical multi-level marketing or network marketing arrangement, individuals associate with a parent company as an independent contractor and are compensated based on their sales of products or service (as well as the sales achieved by those they bring into the business). In a legitimate MLM company, commissions are earned only on sales to the end-user, who is often also a distributor. No money may be earned from recruiting alone ("sign-up fees"). Some companies produce revenues primarily by attracting new participants or selling them marketing services, as opposed to selling actual products. One must analyze the compensation plan to determine whether participants are paid from actual sales to customers and not from new-recruit bonuses or business support sales. Multi-level marketing has a recognized image problem due to the fact that it is often difficult to distinguish legitimate MLMs from such illegal scams as pyramid or Ponzi schemes. NM/MLM businesses do operate legitimately in all 50 U.S. states and more than 100 other countries, and new businesses may use terms like "affiliate marketing" or "home-based business franchising."

AMBULANCE

An ambulance is a vehicle designated for the transport of sick or injured people. The first ambulances called by that name were horse ambulances used in the American Civil War. The first practical ambulances were created by Dominique Jean Larrey, a French surgeon (1766–1842), for use in the Napoleonic Wars. Modern-day ambulances are typically large automobiles on a van or light truck chassis.

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.

ANIMAL ATTACKS

If You are a Victim of a Dog Bite / Animal Attack, Should You Hire a Lawyer? If you or a loved one are a victim of a dog bite or other animal attack, you should speak to an attorney immediately to learn more about preserving your rights and remedies. A lawyer will be able to explain the value of your case and help you navigate through the complicated legal process. Most lawyers who handle these types of personal injury matters work on a contingency basis.

What Can You Do if Your Dog or Other Animal Attacks Someone? If your dog or other animal attacks someone, and you believe you will be sued for the victim's injuries, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.

ANTITRUST

Antitrust or competition laws are laws which seek to promote economic and business competition by prohibiting anti-competitive behavior and unfair business practices. Government agencies known as competition regulators regulate antitrust laws, and may also be responsible for regulating related laws dealing with consumer protection.

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.

ARBORIST / TREE

An arborist or tree surgeon is a professional who manages and maintains trees (generally in an urban environment). This can include planting, pruning, structural support, the treatment of disease, insect, or abiotic disorders, lightning protection, and tree removal. It also can include planning, consulting, report writing and even legal testimony. Because trees provide many benefits to the landscape and to people, but they are also very large, heavy, and complex organisms, they require monitoring and care to ensure survival and safety in the human landscape.

ASBESTOS

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.

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.

AUTOPSIES

An autopsy, also known as a post-mortem examination or an obduction, is a medical procedure that consists of a thorough examination of a corpse to determine the cause and manner of a persons death and to evaluate any disease or injury that may be present. It is usually performed by a specialized medical doctor called a pathologist.

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.

BIRTH INJURY

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.

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 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.

BUSINESS

In economics, business refers to the social science of managing people to organize and maintain collective productivity toward accomplishing particular creative and productive goals. The etymology of business literally refers to the state of being busy, in the context of the individual as well as the community or society.

BUSINESS STRATEGY

Strategic management is that set of managerial decisions and actions that determines the long-run performance of a corporation. It includes environmental scanning, strategy formulation, strategy implementation and evaluation and control.

CANCER - GENERAL

Cancer is a class of diseases or disorders characterized by uncontrolled division of cells and the ability of these cells to invade other tissues, either by direct growth into adjacent tissue through invasion or by implantation into distant sites by metastasis. This unregulated growth is caused by damage to DNA, resulting in mutations to genes that encode for proteins controlling cell division. Many mutation events may be required to transform a normal cell into a malignant cell. These mutations can be caused by chemicals or physical agents called carcinogens, by close exposure to radioactive materials, or by certain viruses that can insert their DNA into the human genome. Mutations occur spontaneously, or are passed down generations as a result of germ line mutations.

CASE REVIEWS

Case review is a method of catching and correcting honest mistakes, as well as intentional falsification of results, before permanent damage is wrought. Casework must be reviewed by an independent analyst or other qualified individual lab or by a qualified independent expert on behalf of the court or opposing counsel.

Case review is often the first step initiated in order to decide if any further legal steps can or should be taken.

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.

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

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 CONFUSION

Consumers can and do get confused, especially with the massive increase in choice available and the increase in complexity of products. It seems plausible that consumer confusion, like most consumer attributes, must have a direct and significant impact on marketing strategy. Yet most of what is written on the subject is tangential and scattered over a number of disciplines. A study explores the various views together under one single heading that will be of interest to marketers and business managers.

CONTRACT & MISC. SURETY

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.

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.

COPYRIGHT - GENERAL