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Forensics > forensics legal stuff > Flashcards

forensics legal stuff Flashcards

1
Q

Courts of law Structure:

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

Jurisdiction (subject) and competence (geographical area) Protect, punish, educate and control

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2
Q

Responsibility of the court.

A

Jurisdiction (subject) and competence (geographical area)

  • 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
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3
Q

Impartiality of courts

A
  • Independence of judges: not influenced or ordered
  • Election of judges (Parliament, President): diploma in law, experience and practice, clear past record)
  • Participation of the society in judgment (lay assessors)
  • Publicity
  • Appealable decisions
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4
Q

Responsibilities of the prosecutor’s office

A
  • 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
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5
Q

Participants in civil suit

A
  • Court (judge/s)
  • (Public prosecutor)
  • Plaintiff: voluntary role
  • Defendant: forced role
  • Intercessor: legal interest, voluntary (e.g insurance company) or accepted role
  • Representatives
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6
Q

Evidences of civil suit

A
  • Witness testimony
  • Forensic expert opinion(s)
  • Physical evidences
  • Documents
  • Inspection
  • Judgement
  • Appeal
  • Final judgement
  • Extraordinary remedies (review, retrial)
  • Enforcement
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7
Q

Means of Evidence

A

• Shall be the testimony of the witness, the expert opinion, physical evidence, documents and the pleadings of the defendant
• Evidence shall be traced, gathered, secured and used in compliance with the law.
• In the course of criminal proceedings, all means of evidence and all evidentiary
procedures may be used without restriction. However, the use of certain means of evidence may also be statutory

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8
Q

Participants in criminal procedure

A
  • Court(judge/s)
  • Public prosecutor
  • Investigative authority (police, public prosecutor, customs and finance guard)
  • Accused person(defendant)
  • Victim (injured party)
  • Private accuser (e.g. libel, invasion of privacy)
  • Substitute private accuser (civil suitor)
  • Their representatives
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9
Q

Evidence in a criminal case

A
  • Physical evidence
  • Experts opinion
  • Witness testimony
  • Documents
  • Inspection
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10
Q

Committing a crime with intent meaning

A

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

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11
Q

Who may refuse to testify as a witness in criminal procedure.

A
  • Relative of the defendant
  • Those who would incriminate themselves or their relatives on the related issues
  • Bound by secrecy owing to their profession or public office
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12
Q

Common mistakes when given forensic expert opinion

A
  • 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 specialties of the case, stereotyped
  • Not clear enough to everybody (e.g. professional terms without explanation)
  • Not keeping the deadline (may ask for postpone)
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13
Q

Who may not act as an expert

A
  • Who have participated in the case as a defendant,
  • Counsel for the defendant, a victim, complainant or a representative thereof, or who is a relative of the above,
  • who have acted in the case as a judge, prosecutor or a member of the investigating authority, or who is a relative thereof,
  • who have participated in the case as a witness,
  • who have been employed in the case as an advisor,
  • who cannot be expected to form an unbiased expert opinion for other reasons.
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14
Q

Perclusion of punishment in criminal law

A
  • Being below the age of criminal responsibility;
  • Insanity;
  • Coercion and threat;
  • Mistake;
  • Justifiable defense;
  • Means of last resort;
  • Statutory authorization;
  • Other grounds defined by law
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15
Q

Define breach of contract

A

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 acceptance)
• Impossibility of performance
• Withholding performance (refuse to perform) § Defective performance (lack of conformity)

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16
Q

Definition of defective performance

A

The goods (e.g. 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

17
Q

How to determine the significance of an infectious disease (list)

A 
Aspects:
• outcome (morbidity, mortality, losses)
• efficiency and costs of treatment
• course of disease
• control methods (specific, non-specific) 
• animal health situation
18
Q

Exclusion of liability not valid.

A

The exclusion is not valid:
• If caused intentionally, by serious negligence, or by crime
• The goods (animal) damages life, physical integrity, health
• There is no proper compensation

19
Q

Definition of Warranty

A

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

20
Q

Rights of Warranty in case of defect performance

A
  • Repair (treatment) or replacement
  • Reduction of price
  • Withdraw from the contract (termination of contract) May switch to other type of warranty
  • If damage —> compensation
21
Q

Commercial guarantee

A

Any person who guarantees performance of a contract or is required by law to provide guarantee shall assume liability for lack of conformity during the guarantee period under the conditions set out in the guarantee statement or in the relevant legislation.
• The guarantor shall be released from liability if he is able to prove that the cause of the defect occurred after performance.
• This guarantee shall not affect the obligee’s legal rights

22
Q

Define liability of damage

A

Material damage:
• Real loss (depreciation in value; e.g. price of the animal)
• Unrealized profit (pecuniary advantage loss)
• Justified expenses (costs necessary for the mitigation or elimination of the financial losses; e.g. veterinary treatment, transport)
• Not emotional damage

Immaterial damage: violation of someone’s personal rights (e.g. injury of reputation)

23
Q

Burden of proof (general liability) by the injured party

A
  • Damage

* Connection between the illegal action and the damage

24
Q

Burden of proof by the person causing the damage (tortfeasor).

A
  • His action was not illegal, or

* His action was not negligent

25
Q

Define strict/objective liability

A
  • A person who pursues an activity that is considered highly dangerous shall be liable for any damage caused thereby
  • Where such person is able to prove that the damage occurred due to an unavoidable cause that falls beyond the realm of highly dangerous activities, he shall be relieved from liability
  • No compensation shall be provided for any damage insofar as it originates from an activity attributable to the aggrieved party
26
Q

How can liability be excluded in case of strict/objective liability.

A

• Unavoidable external reason:

  • Vismajor
  • Injured party’s unavoidable action
  • Third person’s unavoidable action
  • Unavoidable effect of other external event (e.g. animal)

• Time limit: 3 years

27
Q

Liability of employee (who is responsible if the employed vet injures the animal keeper)

A
  • If an employee causes damage to a third party in connection with his employment, liability in relation to the injured person lies with the employer.
  • Liability of the employee and the employer shall be joint and several if the damage was caused intentionally
28
Q

Liability of administrative authorities

A

• Liability for damages caused within the scope of administrative jurisdiction shall be
established only if the damage results from actions or 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.

29
Q

Veterinary written rules

A
  • Legislation
  • Books, course notes, scientific articles and conference papers
  • Instructions for use of pharmaceuticals and vaccines
30
Q

5 types of penalties in criminal law

A
  • Imprisonment
  • Custodial arrest
  • Community service work
  • Fine
  • Prohibition to exercise professional activity
31
Q

Definition of «Prohibition to exercise professional activity

A

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

32
Q

Definition of misuse of poison

A

Any person who without proper authorization – prepares, processes, uses or distributes poison, or who fails to take the measures prescribed for the prevention of any 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.

33
Q

Criminal offense with harmful consumer goods

A
  • 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 goods in question, or to prevent their being placed on the market.
  • Any person who places harmful consumer goods on the market is guilty of a felony or who commits the criminal offense by way of negligence shall be punishable for misdemeanor.
34
Q

Define perjury

A

Any witness who gives false testimony before the authority concerning an essential circumstance of a case, or suppresses evidence is guilty of perjury
• Gives false opinion as an expert or false information as a special adviser
• Falsely translates as an interpreter or a translator
• Presents a false document or manipulated physical evidence in criminal or civil proceedings Any person who commits perjury by way of negligence shall be punishable for a misdemeanor

35
Q

When to refuse to treat

A

obligatory:
• Against the law
• Euthanasia, irreversible changes: ownership, declaration
• Hereditary diseases in breeding animals, without neutering
• Lack of competence, practice, experience, equipment
• No scientific basis
optional:
• the owner does not follow the instructions
• risks/benefit, expectable results
• safety
• previous lack of payment
• abuse, threatening the veterinarian
• emergency cases: limits

36
Q

Limits of freedom of veterinary practice

A
  • Obligatory treatment: legislation, first aid
  • Ethical rules
  • Informed consent
  • Scientific basis
  • Risks — benefits, results
  • Equipment, knowledge, practice
  • Drugs: side effects, withdrawal period, human-veterinary medicinal products
  • Unnecessary intervention-cosmetics

Forensics (2 decks)

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