Legal Law Flashcards
Negligence
Civil wrong
Breach of duty by one party to another that has caused harm
What does the law state needs to be breached to cause negligence?
reasonable standard of care has not been followed based on the balance of probabilities.
Serious Professional Misconduct
Complaints against VS, RVN, SVN - disgrceful conduct in any professional respect.
Can a successful negligence law suit result in a financial award?
Compensation may be awarded.
If misconduct has been proven what is the result?
Right to practice can be withdrawn. In this case no compensation is payable.
What is Tort Law?
A civil wrong that causes a claimant to suffer loss or harm resulting in legal liability against the person who caused it.
Duty of care, explained
Duty of care is not defined by law, it is an understanding between 2 people.
What 3 elements must be met for a case?
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
What used for a VN or VS guidance towards ‘duty of care’
5 animal needs
Code of conduct
Delict explained
A violation of 'Tort Law' 5 elements need to be present before a person can be deictically liable, .Conduct .Wrongfulness .Fault .Causation ,Damage
Scottish Law - Key differences
Not proven
Enacted and common law
What is the Scottish common and enacted law?
Common - our version of civil
Enacted - our version of crown
Statute definition
The bodies of principles and rules of law laid down
Enacted law definition
Authority of body with legislative powers, parliament etc
Common law
Judgement by the courts
Civil hearing heard?
County court or High court
Criminal hearing heard?
Crown court or magistrates
Civil hearing heard by
Judge
Criminal hearing heard by
Magistrate and Jury
Civil outcome
Liable or not liable - damages, injunction , payment
Criminal hearing outcome
Guilty or not guilty
Prison / fine / probabtion
Civil case decision based on
Balance of probabilities
Criminal case based on
Beyond reasonable doubt
Statute definition
An act passed by a legislative body. ‘Law of the land - state law
Tort definition
A wrongful act or infringement of a right leading to legal liability
Criminal law- who will take action?
State e.g police, RSPCA, fraud team, RCVS
Negligence as defined by the RCVS
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
Chattel definition
Pet that is legally owned
Scottish courts
Chief courts - civil
High courts - judiciary
Sheriff courts - civil and judiciary
Legal age is 16
3 types of criminal law
Summary - speeding, animal cruelty
Indictable - murder, rape
Triable - burglary , robbery
