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Litigation and Midwifery - Essay Example

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Litigation and Midwifery Name Institution According to US Legal (2012) litigation has been defined as being a resort to; or any lawsuit to the courts in order to determine a legal matter or question. The lawyers who engage in arguments in court are referred to as litigators, while the persons who they represent in court are known as litigants…
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Litigation and Midwifery
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Litigation and Midwifery

Download file to see previous pages... Knowledge on which persons are allowed to file a claim, which places can the claims be filed, the time that the claim has to be filed, and how the claim is to be filed is also necessary. There exist several types of litigation. These include business litigation, commercial litigation, public interest litigation, personal injury litigation, mesothelioma litigation, civil litigation, and patent litigation (Laws.com, 2011). Business litigation refers to a particular field of law that handles disputes that arise between businesses and individuals or between two businesses. The law states that all businesses ought to operate under a specified code of ethics while at the same time carry out practices that are legal. A business may fail to operate legally and in the process result in the loss of finances by a client or harming the client. Such a client has the legal right to file for business litigation. In many instances, such cases essentially seek financial settlement. A criminal sentence may be awarded in some cases for the immoral conduct by the business entity (Laws.com, 2011). Commercial litigation refers to an area of law that is concerned with disputes that involve commercial companies or businesses. In most cases, the legal disputes that fall under this category are usually with regard to disagreements between the companies. This type of litigation focuses on legal disputes that may be emanating from drafting of contracts, mergers between companies, and real estate laws. The companies may disagree on management of property and finances. In most of the cases an out of the court solution is sought by the litigators and litigants (Laws.com, 2012). Public litigation refers to an area of law to covers all wrong-doings, incidents, and /or legal situations that affect the community’s well being. Interestingly this type of litigation is initiated by the court. The court system is responsible for initiating this legal proceeding. Although many view it as a relatively new type of litigation, it has featured prominently in environmental law practice. Any action taken by an individual or by a corporation that results in inhibiting a particular society’s progress or damages a necessity is punishable under this type of litigation. Public Interest Litigation is an attempt to fulfill the guarantee of fundamental rights that citizens have been guaranteed (Kirpal, et al, 2000). In certain cases that involve injury to persons, legal processes may be initiated in order to realize the dispute. These legal proceedings are referred to as Personal Injury Litigations. In a typical case, an individual filing for this type of a case seeks to be compensated for injuries. This type of litigation arises from the deliberate or negligent action by a given party that precipitates to the physical injury of another party. Many clients are advised to seek the advice of the PIAB (Personal Injuries Assessment Board) as a first step towards seeking compensation. The PIAB provides an assessment for victims of personal injury and are seeking compensation. It assesses victims of injury at the workplace, public liability accidents and motor accidents (Malcomson Law, 2008). Mesothelioma litigations are common litigations that focus on companies that expose their employees to asbestos without protecting them against it or without even warning them. ...Download file to see next pagesRead More
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