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Flashcards in Forensics 2019 MT Deck (30)
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Define warranty

- Objective consequence of the defective performance (without justification): on the basis of a contract in which the parties owe mutual services to one another, the obligor shall be liable to provide warranty for lack of conformity. On the basis of law:
• The obliger (seller) is obliged to compensate
• Regardless that his/her behavior was
• Intentional, negligent or he/she acted in good faith


Define malpractice

- Any person who engages in misconduct in the course of engaging in his profession thus causing imminent danger to the life, bodily integrity or health of another person or persons by his failure to act with responsible care, or causes bodily harm, is guilty of a misdemeanor.


Evidences in a criminal procedure

- Witness testimony
- Forensic expert opinion
- Physical evidences
- Documents
- Inspection
- Judgement
- Appeal
- Final judgement
- Extraordinary remedies (review, retrial) - Enforcement


Exclusion of strict liability

Unavoidable external reason:
- Vis major
- Injured party’s unavoidable action
- Third person’s unavoidable action
- Unavoidable effect of other external event (eg animal)
Time limit: 3 years


Liability of administrative authorities

- Liability for damages caused within the cope of administrative jurisdiction shall be established only if the damage results from actions for omissions in the exercise of public authority, and if the damage cannot be abated by common remedies or in proceedings for the judicial review of an administrative decision.
- Liability lies with the legal person exercising public authority or with the administrative body having legal personality, on whose behalf the relevant administrative body operates.


Responsibility of public prosecutors office

- Control and protection of legality in all fields
- Prosecution of crimes
- Protection of citizenship rights
- Control, supervision of legality of procedures
- Representation of prosecution in legal proceedings - Participation in private cases
- Supervision of penitentiary system
- Order, supervise or carry out investigations


Structure of courts

- District courts (court of first instance)
- County court (court of first instance or appeal) - High courts of appeal
- Supreme court


Exclusion of liability - when is it not valid?

- May be excluded with mutual agreement - The exclusion is not valid:
• If caused intentionally, by serious negligence or by crime
• The goods (animals) damages life, physical integrity, health • There is no proper compensation


Definition of liability of damages

- Mandator (principal) and mandatee (agent): joint and several liability: injured part can claim compensation from either of them (who can pay): 100% of the damage
- Exception; only mandatee is liable if the mandator proves that he: • Chose
• Instructed
• Supervised properly the mandatee


Who may refuse to testify as a witness in a civil suit?

- Relative of the defendant
- Those who would incriminate themselves on their relatives - Secrecy owing to their profession or public office


Define prohibition to exercise professional activity

- May be imposed upon a person who has committed a criminal offense through the violation of the rules of his/her profession requiring professional qualifications or knowingly, by using his profession.


Misuse of poison

- Any person who without proper authorization - prepares, processes, uses or distributes poison, or who fails to take the measures prescribed for the prevention of an illegal use of poisons, or for the protection of others in guilty of a misdemeanor, insofar as the act did not result in a more serious criminal offense


Structure of prosecutors office

- Municipal prosecutors office
- County prosecutors office
- Appellate prosecutors office
- Chief prosecutors office
- Jurisdiction and competence = courts


Defective performance

- The goods (eg animal) or service does not comply with the legal characteristics or with the characteristics stipulated in the contract and the defect existed at the time of delivery.


Damages (ie. Material damages etc.. list them)

- Material damage:
• Real loss (depreciation in value, eg. Price of the animal)
• Unrealized profit (pecuniary advantage loss)
• Justified expenses (costs necessary for the mitigation or elimination of the financial
losses, eg. Veterinary treatment, transport)
• Not emotional damage
• Immaterial damage: violation of someone’s personal rights (eg. Injury of reputation)


Liability of actions of agents

- Is an agent causes damage to a third party in connection with his assignment, liability in relation to the injured person lies with the principal and the agent jointly and severally. The principal shall be relieved of liability if he is able to prove that he has not acted wrongfully in terms of choosing, instructing and supervising his agent.
- In respect of permanent agency, the injured party shall ne inter alia entitled to enforce his claim according to the regulations governing the liability for damages caused by employees.


An act of crime of criminal negligence

An act of crime is committed by criminal negligence where the perpetrator is able to anticipate the possible consequences of his conduct, but carelessly relies on their non- occurrence, or fails to foresee such possible consequences through conduct characterized by carelessness and neglectfulness.


Violation of epidemic control regulation

- Any person who breaches epidemiological measures introduced fro the prevention of the spreading
- within or across the border - of infectious animal diseases or for the eradication of such punishable for misdemeanor


Responsibilities of court

- Protect the order of the state and society, citizens’ rights and legal interests
- Punish those who committed a crime
- Educate to respect law by impose, executing and enforcing punishment
- Control legality of state administrative orders


Kind of breach

- Any act or behavior of the obligor (seller) or obligee (buyer) that prevents or encumbers the realization of the aim of contract or leads to any defect of the performance
• Obligor’s delay
• Obligee’s delay (late performance)
• Impossibility of performance
• Withholding performance (refuse to perform) • Defective performance (lack of conformity)


Intent crime

- A criminal offense is committed with intent if a person conceives a plan to achieve a certain result, or accepts the consequences of his conduct.


Employee damages liability

- Within the cope of duty toward a third person, the employer is always liable.
- The employee shall compensate the employer in a second legal dispute if his action was
intentional or negligent according to monthly salary.


Illegal animal fights

- Any person involved in the organization of fights using vertebrate animals, or in making arrangements for betting or placing bets on such animal fight, is guilty of a felony.
- Any person involved in acquiring, keeping, breeding, training, domesticating or trafficking of vertebrate animals for the purpose of fights is guilty of misdemeanor.


Who may refuse to do testimony?

- Relative of the defendant
- Those who would incriminate themselves on their relatives - Secrecy owing to their profession or public office


Participants in civil suit

- Court(judge/s)
- (Public prosecutor)
- Plaintiff: voluntary role
- Defendant: forced role
- Intercessor: legal interest, voluntary (e.g insurance company) or accepted role - Representatives


Common mistakes when given forensic expert opinion

- Not up to date methods
- Definite without reason
- Giving opinion in questions beyond his competence
- True statement but not justified/explained enough
- Not taking into account the specialities of the case, stereotyped
- Not clear enough to everybody (eg. Professional terms without explanation) - Not keeping the deadline (may ask to postpone)


Rights of warranty in case of defect performance

- Repair (treatment) or replacement
- Reduction of price
- Withdraw from the contract (termination of contract)


Written rules of veterinary profession

- Legislation
- Books, course notes, scientific articles and conference papers - Instructions for use of pharmaceuticals and vaccines


5 types of penalties in criminal law

- Imprisonment
- Custodial arrest
- Community service work
- Fine
- Prohibition to exercise professional activity - Driving ban
- Prohibition from residing in a particular area - Ban from visiting sport events
- Expulsion


Define «criminal offenses with harmful consumer goods» criminal offense

- Any person who prepares or possesses any consumer goods for the purpose of distribution that is harmful to health is guilty of a misdemeanor.
- The person who committed the criminal offenses shall not be prosecuted if he makes every effort, upon gaining knowledge of the harmful nature of the consumer goods, to regain possession of the harmful consumer in question or to prevent their being placed on the market.