Animal Cruelty Laws Flashcards

1
Q

What is the Definition of Animal Law?

A

The combination of statutory and case law that relates to or has an impact on non-human animals

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2
Q

What are examples of Environmental Law?

A

-Factory farming
-Environmental Pollution
-Climate Change
-Fishing
-Wildlife

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3
Q

What are examples of Constitutional Law?

A

-Civil liberties
-Animal advocacy
-Ag-Gag laws

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4
Q

What is the definition of Women’s Law?

A

The link between domestic violence and animal cruelty

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5
Q

What is the Human Rights/Immigration Law?

A

Worker safety and human rights abuses on fishing boats, farms, and slaughterhouses
Common Example: Meat packing facilities

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6
Q

What are examples of Criminal Law?

A

-Police shootings of dogs
-Link between animal abuse and violence towards humans and other crimes

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7
Q

What is International Law?

A

Wildlife poaching and trafficking “trophy hunting”
Example: horns, animal skins, etc.

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8
Q

What is Trust Law?

A

Enforceable for trusts with companion animals

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9
Q

What is Tort Law?

A

Veterinary malpractice; damages for wrongful death/injury to a companion animal

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10
Q

What is Family Law?

A

Animal custody disputes (involving the animals) in divorces and separations

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11
Q

What is the Landlord and Tenant Law?

A

Housing disputes involving “no pets” policies and discrimination laws

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12
Q

What is the Consumer Protection Law?

A

Food safety; labeling (cage free, free range) false advertising

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13
Q

What is Entertainment Law?

A

Captive wild animals (in zoos, aquariums, circuses, and movies)

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14
Q

What did the RSPCA do?

A

Formed the world’s first animal welfare charity

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15
Q

What did the New York Law of 1829 do?

A

Protected owners of animals (animals as private property)

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16
Q

Early animal welfare laws vary along 3 dimensions:

A
  1. The # of animals included
  2. The actions (inactions) of the human that are made illegal
  3. The extent of the punishment that might be imposed
17
Q

How did Jeremy Bentham influence Western society’s ideas about animal cruelty?

A

-Considered the 1st Western philosopher
-Influenced Western society’s ideas about animal welfare laws in his book: Introduction to the Principles of Morals and Legislation
-Argued that animals should be protected under the law
-Argued that all animals deserve equal moral consideration and pointless animal cruelty should be avoided
-His concerns lead to the creation of the 1st animal protection groups

18
Q

How did Henry Bergh influence Western society’s ideas about animal cruelty?

A

-Witnessed acts of cruelty upon animals during his trip to Europe
-Although did not see any personal use for animals, he recognized that all should be equally protected
-High economic status and power enabled him access to important people; listened to him
-Influenced the passage of the NY animal welfare legislation in 1866
-Founded the ASPCA which is designed to prevent cruelty to animals throughout the U.S.

19
Q

What happened after the passage of the 1867 Act in New York?

A

-Was applied regardless of the ownership status of the animal
-Reflected ethical concern for the animals themselves
-Law was expanded to the protection of “all living creatures”
-Provided EXEMPTIONS for properly conducted scientific experiments
-Became illegal to transport any creature in a “cruel or inhuman manner”

20
Q

Federal Animal Welfare Act

A

The primary federal animal protection law
Mainly involves animals used for entertainment!

21
Q

What is the 28 Hour Law?

A

Requires vehicles transporting certain animals for slaughter to stop every 28 HOURS to allow the animals exercise, food, and water for 5 hours

this law is a bunch of bullshit because it can’t be properly regulated

22
Q

What is the Humane Methods of Slaughter Act?

A

Requires that animals be STUNNED into unconsciousness before slaughter to minimize pain

23
Q

What is the Endangered Species Act?

A

-A FEDERAL LAW!
-Protects, fish, mammals, birds, and plants listed as threatened/endangered in the U.S.

24
Q

WILL BE ON EXAM

What is a Victim of a Crime vs Crime Victim?

A

Victim of Crime:
Applies to anyone who has been harmed by SOMEONE ELSE’S criminal act
Example: damage/loss of an animal

Crime Victim:
A legally meaningful category which ensures victims are acknowledged and respected

25
Q

Mens Rea

A

The degree of crime which is determined by the intent