Animal Cruelty and the Law: Prohibited/Permitted Conduct Flashcards
Negligence
Failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation
Knowingly
The person knows/is aware that their actions will have a certain result
Intentional
Intends the action to have a certain result
Wilful
Voluntary act; purposeful but not malicious
Malice
Intent without justification or excuse
Cruelly
Malicious and malicious, confined to human or animal physical abuse
Can we use a generic approach to animal cruelty cases?
No! Types of animal cruelty crimes are diverse and very different
-You can have a set of guidelines put in place, but it will not be fit for every case
In terms of the Federal Animal Welfare Act, what does the AWA PROTECT?
Any live/dead dog, monkey, guinea pig, hamster, rabbit, or warm blooded animal
In terms of the Federal Animal Welfare Act, what does the AWA EXCLUDE?
Birds, rats & mice used in research, horses NOT used in research, animals used for food, and cold-blooded animals
What are Ag-Gag laws? “anti-whistle blower laws”
Prohibit the making of unauthorized videos/sound recordings, or the taking of unauthorized photos by journalists, activities, and employees
What is the purpose of the Endangered Species Act? (ESA)
To prevent extinction
ON MIDTERM
Ringling Bros Case Study
-PETA representatives claimed the circus mistreated the animals featured in its shows and that baby elephants were forcibly removed from mothers and that elephants would be tied down and beaten
-Paid a former circus employee to falsely testify that elephants had been abused
-The circus sued the animal rights groups for violating federal racketeering law
-Awarded $93 million, judge ruled in favor of the circus, b/c it was based on untruthful testimony
ON MIDTERN
Definition of Legal Standing
A legal term used in connection with lawsuits and a requirement of Article III of the U.S. Constitution
