Civil Litigation

Contract Law requirements offer, acceptance, consideration Common Law Legal principals which have developed over time HITECH breach notification - individual notice determine risk of harm, if significant, must notify individuals within 60 days HITECH breach notification - HHS notice >500 records notify immediately HITECH breach notification - HHS notice < 500 records notify annually HITECH breach notification - media >500 records in same jurisdic...

Access The ability to view personal information held by an organization. This may be supplemented by allowing updates or corrections to the information. U.S. laws often provide for access and correction when the information is used for any type of substantive decision making, such as for credit reports. Americans with Disabilities Act (ADA) Bars discrimination against qualified individuals with disabilities; places restrictions on pre-employment medical screening. Consumer Financ...

D. - correct answer C.29 A lack of reasonable care that may be characterized by the failure of auditors to follow GAAS in the conduct of the audit is known as a. Constructive fraud. b. Fraud. c. Gross negligence. d. Ordinary negligence. D. - correct answer C.30 From the auditors' point of view, which of the following is a preferable provision for imposition of civil liability in a lawsuit for financial damages? a. Joint and several liability. b. Reasonably foreseeable users' app...

In general, it is fair to assume that laws in foreign countries are the same of different than in the US? - no The three types of legal systems - o Civil Law = based on codification. Systematic collection of laws designed to cover all areas of concern. Bureaucratic. Most widespread system globally. Louisiana. Inquisitorial, judge actively question prosecution, defense, and witnesses, also issues decision. Trial by jury is less frequent o Common Law = relies on decisions made by judges in p...

No, laws and legislations are different in every country - In general, is it fair to assume that laws in foreign countries are the same or different than the U.S? Arbitration - the use of a third party to settle a dispute ( not going to court). Litigation - legal proceedings conducted to determine and enforce particular contract rights -and this is expensive and lengthy Patent - An exclusive right granted for an invention - a product or process that provides a new way of doing something, o...

MMC 4208 Exam 1 - Virtual Exam Review & Study Guide A limited-purpose public figure is one who - Answer-Thrusts himself/herself into public contraversies in an attempt to influence the outcome The principle that provides for the application of the First Amendment to laws enacted by the states is known as - Answer-Doctrine of Incorporation A judgment made by a court that is based on the pleadings, admissions, affidavits, answers to interrogatories and depositions is called a - Answer-Sum...

Absolute Immunity A policy of protecting public officials from tort liability. A high-level executive officer cannot be held liable for his or her discretionary acts or omissions. Abuse of Process The improper use of various litigation devices. The elements of this tort are: 1) an ulterior purpose; and 2) a willful act in the use of the process not proper in the regular conduct of the proceedings. Abut Two parcels of land that physically touch one another. Acquit To set ...

Ch 1 (pg 1) Introduction Ch 1 (pg 2) top Litigation Wave Ch 1 (pg 2) bottom Legal Concepts and Factual Situations Ch 1 (pg 3) top Subsequent Chapters Ch 1 (pg 3) middle Appendix Ch 1 (pg 3) bottom Index of Terms Ch 2 (pg 5) Name of Chapter Historical Overview Ch 2 (pg 6) Early Building Codes Ch 2 (pg 7) Development of Modern Codes Ch 3 (pg 9) Name of Chapter Local Governmental Law Ch 3 (pg 10) Forms of Local Governm...

Absolute Immunity A policy of protecting public officials from tort liability. A high-level executive officer cannot be held liable for his or her discretionary acts or omissions. Abuse of Process The improper use of various litigation devices. The elements of this tort are: 1) an ulterior purpose; and 2) a willful act in the use of the process not proper in the regular conduct of the proceedings. Abut Two parcels of land that physically touch one another. Acquit To set ...

Absolute Immunity A policy of protecting public officials from tort liability (Ch 10) A high-level executive officer can not be held liable for his/her discretionary acts or omissions (Ch 11) Abuse of Process The improper use of various litigation devices. The elements of this tort are 1) An ulterior purpose; and 2) a willful act in the use of process not proper in the regular conduct of the proceedings (Ch 10) Abut Two parcels of land that physically touch one another (Ch 9) ...