FINAL Flashcards
1
Q
Levels/ Structure of courts/ Courts of law:
A
- District courts.
- County courts.
- High courts of appeal.
- Supreme court.
- Jurisdiction + competence.
2
Q
Responsibilities of court.
A
- Protect the order of the state + society, citizens’ rights + legal interests.
- Punish those who committed a crime.
- Educate to respect lax by impose, executing + enforcing punishment.
- Control legality of state administrative orders.
3
Q
Impartiality of courts.
A
- Independence of judges: ø influenced/ ordered.
- Election of judges: diploma in law, experience + practice, clear past record.
- Participation of society in judgment.
- Publicity.
- Appealable decisions.
4
Q
Structure of public prosecutor’s office.
A
- Municipal prosecutor’s office.
- County prosecutor’s office.
- Appellate prosecutor’s office.
- Chief Prosecutor’s.
- Jurisdiction + competence= courts.
5
Q
Responsibilities of public prosecutor’s office.
A
- Control + 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 in private cases.
- Supervision of penitentiary system.
- Order, supervise/ carry out investigations.
6
Q
Participants in civil suit:
A
- Court.
- ( public prosecutor).
- Plaintiff: voluntary role.
- Defendant: forced role.
- Intercessor: legal interest, voluntary/ accepted role.
- Representatives.
7
Q
Evidences of civil suit.
A
- With the view to ascertaining the relevant facts of a case the court shall order the taking of evidence.
- Means of proof shall, in particular, include:
> Testimonies.
> Opinions of experts.
> Documents.
> Other physical evidence.
8
Q
Means of evidence.
A
- Witness testimony.
- Expert opinion.
- Physical evidence.
- Documents.
- Pleadings of the defendant.
- Shall be traced, gathered, secured + used in compliance with the law.
- In the course of criminal proceedings, all means of evidence + all evidentiary procedures may be used without restriction. However, the use . of certain means of evidence may also be statutory.
9
Q
Who may ø be heard as witness in civil suit.
A
- Any person who cannot be expected to provide a correct testimony due to some physical/ mental disability may ø be summoned to testify.
- The witness, unless exempted from the obligation of confidentiality, shall ø be questioned in respect of any subject that is treated as classified information. The obligation of confidentiality shall remain in force after the termination of the underlying relationship.
10
Q
Who may refuse to do testimony/ testify as a witness in civil suit.
A
- By any close relative of the parties.
- Any person whose testimony would implicate himself/ his close relative referred to in the commission of crime, to the extent covered by that subject.
- By attorneys, doctors + other persons bound to confidentiality stemming from their profession, if their testimony would entail their having to breach the obligation of confidentiality, except if the concerned party granted an exemption from this obligation.
- Persons bound to keep business secrets in respect of the subjects if their testimony would entail their having to breach the obligation of confidentiality.
11
Q
Participants in criminal procedure.
A
- Court.
- Public prosecutor.
- Investigative authority.
- Accused person.
- Victim.
- Private accuser.
- Substitute private accuser.
- Their representatives.
12
Q
Who may ø be heard as a witness in case of criminal procedure.
A
- Clergymen + churchmen on issues subject to the obligation of professional secrecy.
- The counsels for the defense on issues which have come to their congnizance/ which they have communicated to the defendant in their capacity as a counsel for the defense.
- Who apparently cannot be expected to give correct testimony due to their physical/ mental cond.
13
Q
Who may refuse to testify as a witness in criminal procedure.
A
- The relative of the defendant.
- Those who would incriminate themselves/ their relatives, on the related issues, even if they have ø refused to testify under item.
- Those who are bound by secrecy owing to their profession/ public office, if their testimony would violate such secrecy obligation, unless they have been relieved, / unless the person authorised is obliged to transmit the data subject to secrecy obligation at the request of the court, the prosecutor/ investigating authority.
14
Q
Common mistakes when given forensic expert opinion.
A
- ø up to date methods.
- Definite without reason.
- Giving opinion in questions beyond his competence.
- True statement but ø justified/ explained enough.
- ø taking into account the specialities of the case, stereotyped.
- ø clear enough to everybody.
- ø keeping the deadline ( may ask for postpone).
15
Q
Breach of contract/ kind of breach.
A
- Any act/ behaviour of obligor ( seller)/ obligee ( buyer) that prevents/ encumbers the realisation of the aim of contract/ leads to any defect of the performance.
16
Q
Definition of defective performance.
A
- The goods/ service does ø comply with the legal characteristics/ with the characteristics stipulated in the contract + the defect at the time of delivery.
17
Q
What does the buyer have to prove in case of defective performance.
A
- The goods/ service does ø comply with the legal characteristics/ with the characteristics stipulated in the contract + the defect at the time of delivery.
18
Q
Legal characteristic:
A
- Legislation.
- Defect, deficiency, characteristic:
> decrease significantly/ prevent proper use or
> decrease significantly economic/ market value.
19
Q
Burden of proof, buyer.
A
- Buyer’s obligation to prove:
> defect.
> Significance.
> O.
20
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 1 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 behaviour was
• intentional,
• negligent
• or he/she acted in good faith.
21
Q
Rights of warranty in case of defect performance.
A
- Repair ( treatment)
- Replacement.
- Reduction of price.
- withdraw from the contract ( termination of contract).
- Maybe switch to other type of warranty
> If damage»> compensation.
22
Q
Exclusion of liability.
A
- May be excluded with mutual agreement.
- The exclusion is ø valid:
> If caused intentionally, by serious negligence, or by crime.
> The goods ( animal) damages life, physical integrity, health.
> There is ø proper compensation for the loss of value.
23
Q
When is warranty ø valid.
A
- The obligee’s right to warranty shall lapse after 1 yr from the delivery date.
- In connection with contracts that involve a consumer + a business party, the obligee’s right to warranty shall lapse after 2 yrs from the delivery date. If the the things supplied under a contract that involves a consumer + a business party are 2nd hand, the parties may agree on a shorter limitation period, however, the limitation period may ø be less than 1 yr in this case either.
- Time limit of warranty for animals: one year
- Obligee (buyer) knew or should have known the defect
24
Q
Definition of General/ Subjective liability.
A
- Anyone who causes damage illegally to another person must compensate him, unless he can prove that he acted as a reasonable man/ prudent person would have acted in the given situation. > Illegal action. > Damage. > Connection. > Imputation.
25
Define liability of damages/ Damages in case of general/ subjective liability.
```
- Material damage:
> Real loss.
> Unrealised profit .
> Justified expenses.
> ø emotional damage.
- Immaterial damage:
> Violation of someone's personal rights.
```
26
Burden of proof ( general liability) by the injured party.
> Damage.
| > Connection between the illegal action + the damage.
27
Burden of proof by the person causing the damage ( tortfeasor):
- His action was ø illegal/
| - His action was ø negligent.
28
Define strict/ objective liability.
- 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.
- ø compensation shall be provided for any damage insofar as it originates from an activity attributable to the aggrieved party.
29
How can liability be excluded in case strict/ objective liability.
```
- Unavoidable ext reason:
> Vis major.
> Injured party's unavoidable action.
> 3rd person's unavoidable action.
> Unavoidable effect of other ext event.
- Time limit: 3 yrs.
```
30
Liability of employee.
- If an employee causes damage to a 3rd party in connection with his employment, liability in relation to the injured person lies with the employer.
- Liability of the employee + the employer shall be joint + several if the damage was caused intentionally.
31
Liability of administrative authorities.
- Liability for damages caused within the scope of administrative jurisdiction shall be established only if the damage results from actions/ omissions in the exercise of public authority, + if the damage cannot be abated by common remedies/ in proceedings for the judicial review of an administrative decision.
- Liability lies with the legal person exercising public authority/ with the administrative body having legal personality, on whose behalf the relevant administrative body operates.
32
Liability of actions of agents.
- If an agent causes damage to a 3rd party in connection with his assignment, liability in relation to the injured person lies with the principal + the agent jointly + severally. The principal shall be relieved of liability if he is able to prove that eh has ø acted wrongfully in terms of choosing, instructing + supervising his agent.
- In respect of permanent agency, the injured party shall be inter alia entitles to enforce his claim according to the regulations governing the liability for damages caused by employees.
33
Definition of liability of damages/ Damages caused by an agent/ mandate.
- Mandator ( Principal) + mandatee ( agent): joint + several liability: injured party can claim compensation from either of them ( who can pay): 100% of the damage.
- Exc: Only the mandatee is liable if the mandatory can proves that he :
> choose
> instructed
> supervised properly the mandatee.
34
Written rules of the Veterinary profession.
- Legislation.
- Books, course notes, scientific articles, conference papers.
- Instruction for use of phamaceuticals + vaccines.
35
An act of crime is committed with intent if.
- The person conceives a plan to achieve a certain result,/ acquiesces to the consequences of his conduct.
36
An act of crime of criminal negligence.
- Where the perpetrator is able to anticipate the possible consequences of his conduct, but carelessly relies on their non- occurrence, / fails to foresee such possible consequences through conduct characterized by carelessness + neglectfulness.
37
5 types of penalties in criminal law.
- Imprisonement.
- Custodial arrest.
- Community service work.
- Fine.
- Prohibition to exercise professional activity.
- Driving ban.
- Prohibition from residing in a particular area.
- Ban from visiting sports events.
- Expulsion.
- Deprivation of civil rights may be imposed as a form of additional penalty.
38
Definition of " 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/ knowingly, by using his profession.
39
Definition of malpractice.
Any person who engages in misconduct in the course of engaging in his profession, thus causing imminent danger to the life, bodily integrity/ health of another person/ persons by his failure to act with reasonable care, or causes bodily harm, is guilty of a misdemeanor.
40
Criminal offences with toxic substances/ Definition of misuse of poison.
- Any person who- without proper authorization- prepares, possesses, uses or distributes poison, or who fails to take the measures prescribed for the prevention of any illegal use of poisons/ for the protection of others is guilty of a misdemeanor, insofar as the act did ø result in a more serious criminal offense.
41
Criminal offence with harmful consumer goods.
- Any person who prepares/ 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 ø 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,/ to prevent their being placed on the market.
42
Define perjury.
- Any witness who gives false testimony before the authority concerning an essential circumstance of a case,/ suppresses evidence is guilty of perjury.
- The provisions relating to perjury shall be applied to any person who:
> gives a false opinion as an expert/ false information as a special adviser.
> Falsely translates as an interpreter/ a translator.
> Presents a false document/ manipulated physical evidence in criminal/ civil proceedings.
43
Organization of illegal animal fights.
- Any person involved in the organization of fights using vertebrate animals,/ in the making arrangements for betting/ placing bets on such animal fight, is guilty of a felony.
- Any person involved in acquiring, keeping, breeding, training, domesticating/ trafficking of vertebrate animals for the purpose of fights is guilty of a misdemeanor.
44
Cruelty to animals.
- Any person who engaged in the unjustified abuse/ unjustified mistreatment of vertebrate animals resulting in permanent damage to the animal's health/ in the animal's destruction; / who abandons, dispossess/ expels a domesticated vertebrate animal/ a dangerous animal is guilty of a misdemeanor.
- The penalty for a felony shall be higher, if the criminal offense is carried out in a manner to caause unfue suffering to the animal,/ results in permananent damage to several animals/ in the destruction of > 1 animal.
45
Violation of epidemic control regulations.
Any person who breaches epidemiological measures introduced for the prevention of the spreading- within/ across the border- of infectious animal diseases/ for the eradication of such is punishable for misdemeanor.
46
When can you refuse to treat.
- Obligatory:
> Against the law
> Euthanasia, irreversible changes: ownership, declaration
> Hereditary diseases in breeding animals, without neutering
> Lack of competence, practice, experience, equipments,
> ø scientific basis.
47
O of Parvo.
- Incubation period: 2-4 days
> 3 days: if disease+death
> 4 days: typical pathological lesions+regenerating enterocytes
> 5 days: disease within 2 days, death in spite of treatment.
48
Significance of parvo.
- In case of death
| - Treatment costs (justified expenses)
49
Significance of Canine distemper.
- Always if death
- Loss of olfactory acuity or hard pad disease: working dogs
- Neurological signs: euthanasia.
50
Diagnosis of Canine distemper.
- CS (respiratory tract, mucous membranes, neurological system, skin)
- Pathology, histopathology, antibodies, virus antigen.
51
Significance of cryptorchidism.
- Breeding animal: exclusion from breeding
| - Non-breeding animal: neoplastic malformation.
52
Significance of hip dysplasia.
- X-ray: age!
- Breeding or working animal: all stages
- Non-breeding animal: if clinical manifestation.
53
Significance of Bo tuberculosis.
- State veterinary measures: compulsory eradication
prohibition of treatment or vaccination
- Diseased or infected: slaughter
- Suspected of being infected: official surveillance, movement restrictions
- Free status: legal characteristic
- Herd of origin: significant for the whole herd (suspension of free status).
54
Diagnosis of Bo tuberculosis.
- Veterinary institute: bacteriology, histopathology
- Disease: clinical sings, post mortem lesions (pathology, meat inspection), isolation of M. bovis (months!), positive intradermal tuberculin tests
- Suspected of being diseased: positive intradermal tuberculin test.
55
O. of Bo brucellosis.
- Thomsen-rule: the later in pregnancy the animal is infected, the sooner it aborts
- min. 3 weeks
- +ve serology: late pregnancy: 8 days
- <7th month of pregnancy: 3 weeks
- Epizootic inquiry
- min. 30 day-quarantine: examination on the first week and before release from isolation.
56
Significance of Bo brucellosis.
- State veterinary measures: compulsory eradication
- Prohibition of treatment or vaccination
- Diseased or infected: slaughter
- Suspected of being infected: official surveillance, movement restrictions
- Free status: legal characteristic
- Herd of origin: significant for the whole herd (suspension of free status).
57
O of Sus erysipelas.
- min. incubation period 24 hours
> 7 days it cannot be originated back before delivery
> 1-7 days: examination of predisposing factors (overcrowding, transport etc.)
> endocarditis: min. 3 weeks.
58
Significance of Sus erysipelas.
- Acute case: if death
| - Chronic case: arthritis, skin necrosis or endocarditis.
59
O. of SMEDI.
- Infection: around insemination or before 70th day of pregnancy
- Virus in the foetus: 23-32 days - Death of the foetus + 5-70 days
- Size of the foetus of 41 days of age: 47 mm, + of 70 days of age: 108 mm.
60
Significance of SMEDI.
Abortion or decreased litter size.
61
Diagnosis of SMEDI.
- Usually in young gilts (maternal immunity until 8-9 months of age
- CS, laboratory examinations:
> Absorbtion of foetuses,
> Mumification
> Less than 6 piglets
> Stillbirth
> Apparent infertility.
62
O. of Avian Leucosis.
- CS only in case of infection before the age of 10 weeks.
- If the animals are over 10 weeks of age at the time of delivery: it is originated back before delivery
- If the animals are under 10 weeks of age at the time of delivery: either germinative or contact infection before the age of 10 weeks: epidemic investigation.
63
Significance of avian Leukosis.
- Sporadic deaths
- Breeding flock: germinative infection
- Always significant (even 1 case)
- Immuno-tolerance: life-long virus shed
- Table egg production: if death rate is over 2%.
64
O. of Derzsy's disease.
- High rate of death: germinative infection or infection at the hatchery
- Incubation period: 8-12 days
- Serum on the first day at the hatchery
- Isolation of the day old chickens
- Vaccination of breeding flocks.
65
Significance of Derszy's disease.
- Breeding flock: germinative infection
| - Broiler flock: if the loss is over 2%.
66
O. of Mushy chicken disease.
- Death of day-old chickens under the age of 10 days can be originated back to the hatchery (or to the breeding flock).
67
Diagnosis of Mushy chicken disease.
- CS: weak, low body weight (minus variants)
- Pathological findings: triad: yolk sac persistance, omphalitis, improper closing of the navel
- Mortality: 1-10 days
- Lab examinations: excluding other infectious and non-infectious diseases.
68
O. of Fowl typhoid.
- Death during the first 5 days could be originated back to the hatchery
- To the breeding flock: if the hatchery complied with the rules (marking the eggs, separate hatching)
- Tests: blood tests, examination of dead eggs
- Deaths after 5 days of age: epidemic investigation (isolation etc.).
69
Significance of Fowl typhoid.
- Infection: significant in breeding flocks
- Disease: broiler chickens: death rate (2%)
- Breeding flocks: germinative infection; even 1 case could be significant.
70
O. of Fowl cholera.
- Virulent P. multocida (carrier) and predisposing factors
– CS within 24 hours: could be originated back before the time of delivery
– After 24 hours: was there any fowl cholera outbreak at the seller during the previous 1 year (carrier state)?
– Das he informed the buyer about the previous outbreak?
– Other source of infection at the buyer (isolation, all in-all out system?)
– Predisposing factors (transport, force-feeding etc.).
71
Significance of Fowl cholera.
- Depending on rate of death
| eggshell contamination but there is ø germinative transmission.
72
Significance of Marek's disease.
Depending on death rate (2%)
| ø germinative infection.
73
O. of Marek's disease.
- Age of susceptibiliy (10 weeks of age)
- Routes of infection: eggshell, day-old chickens, adult poultry, equipment, persons)
- Incubation period (1-7 months)
- The younger is the chicken the higher is the susceptibility
- High rate of diseased animals: if infection during the first days of life
- Infection at the hatchery: if isolation until the age of 6-8 weeks.
74
Fertility of the eggs.
- Sex-rate
- Age
- Temp
- Length and intensity of lighting
- Infectious and non-infectious diseases
- Feed-toxicosis.
75
Hatchability of the eggs.
- Age of the egg
- Contamination
- Temp and humidity during storing
- Transport
- Rest after transport
- Vit supply
- Hatching technology.
76
Significance of teeth problems in Eq.
- Alter efficient dental function
- Could ø be treated
- Risky, expensive intervention or
- Removal of tooth: surgery
- Consequent GI disease.
77
O. of Iridocyclochoriditis.
- Chronic: 30 days
- Acute:
> 2 days
> Of a primary disease (allergy: 7-8 nap)
> + chronic changes.
78
Significance of Iridocychoriditis.
- Blindness or impaired vision: visual acuity: legal characteristic.
79
Significance of Eq behavioural diseases.
- Affect purpose of use
> Health damage
> Dangerous to the environment
> Improvement is not possible or difficult and requires long tim.e
80
O of Eq behavioural disorders.
- History (witness testimonies)
- Physical examination
- Hypertrophied muscles, deformed hooves, worn teeth, scars
- Repeated observation.
81
O of 1º GI disease.
- 'feeding accident'
- Buyer: contributory negligence
- 1st signs: within 24 hours
- Caecal impaction: 1-2 weeks
- 4 weeks:
->Weight of free caecum: (empty weight >4.5 kg,
> dry content >20 kg,
> thickness of caecum head wall muscular layer >2 mm.
82
O. of chronic obstructive pulmonary disease.
- Manifestation in clinical signs: min. 2 wks
| - 2nd heart sound is split: min. 6 wks.
