Legal Law

Question 1

Negligence

Answer 1

Civil wrong

Breach of duty by one party to another that has caused harm

Question 2

What does the law state needs to be breached to cause negligence?

Answer 2

reasonable standard of care has not been followed based on the balance of probabilities.

Question 3

Serious Professional Misconduct

Answer 3

Complaints against VS, RVN, SVN - disgrceful conduct in any professional respect.

Question 4

Can a successful negligence law suit result in a financial award?

Answer 4

Compensation may be awarded.

Question 5

If misconduct has been proven what is the result?

Answer 5

Right to practice can be withdrawn. In this case no compensation is payable.

Question 6

What is Tort Law?

Answer 6

A civil wrong that causes a claimant to suffer loss or harm resulting in legal liability against the person who caused it.

Question 7

Duty of care, explained

Answer 7

Duty of care is not defined by law, it is an understanding between 2 people.

Question 8

What 3 elements must be met for a case?

Answer 8

Harm must be “reasonably foreseeable” result of the defendant,
Relationship proximity between the claimant and defendant
It must be fair and just to impose liability

Question 9

What used for a VN or VS guidance towards ‘duty of care’

Answer 9

5 animal needs

Code of conduct

Question 10

Delict explained

Answer 10

A violation of 'Tort Law'
5 elements need to be present before a person can be deictically liable, 
.Conduct
.Wrongfulness
.Fault
.Causation
,Damage

Question 11

Scottish Law - Key differences

Answer 11

Not proven

Enacted and common law

Question 12

What is the Scottish common and enacted law?

Answer 12

Common - our version of civil

Enacted - our version of crown

Question 13

Statute definition

Answer 13

The bodies of principles and rules of law laid down

Question 14

Enacted law definition

Answer 14

Authority of body with legislative powers, parliament etc

Question 15

Common law

Answer 15

Judgement by the courts

Question 16

Civil hearing heard?

Answer 16

County court or High court

Question 17

Criminal hearing heard?

Answer 17

Crown court or magistrates

Question 18

Civil hearing heard by

Answer 18

Judge

Question 19

Criminal hearing heard by

Answer 19

Magistrate and Jury

Question 20

Civil outcome

Answer 20

Liable or not liable - damages, injunction , payment

Question 21

Criminal hearing outcome

Answer 21

Guilty or not guilty

Prison / fine / probabtion

Question 22

Civil case decision based on

Answer 22

Balance of probabilities

Question 23

Criminal case based on

Answer 23

Beyond reasonable doubt

Question 24

Statute definition

Answer 24

An act passed by a legislative body. ‘Law of the land - state law

Question 25

Tort definition

Answer 25

A wrongful act or infringement of a right leading to legal liability

Question 26

Criminal law- who will take action?

Answer 26

State e.g police, RSPCA, fraud team, RCVS

Question 27

Negligence as defined by the RCVS

Answer 27

Professional negligence arises when the VS, VN has failed to exercise the normal level of skill and judgement which would be expected of the average VS / VN and as a result damage has occured

Question 28

Chattel definition

Answer 28

Pet that is legally owned

Question 29

Scottish courts

Answer 29

Chief courts - civil High courts - judiciary Sheriff courts - civil and judiciary Legal age is 16

Question 30

3 types of criminal law

Answer 30

Summary - speeding, animal cruelty Indictable - murder, rape Triable - burglary , robbery