legal system

Question 1

what is law?

(6 marks)

Answer 1

• rules
• regulations
• justice
• prohibitive
• punishment
• immoral / moral

Question 2

define law

(1 mark)

Answer 2

body of principles recognised and applied by the state in administration of justice

Question 3

sources of law?

(3 marks)

Answer 3

• legislation - written as acts of parliment / statutes
• common law - based on precendents arising from judicial decision in similar cases

Question 4

what makes up common law?

(2 marks)

Answer 4

• legal precedents
• civil and criminal law

Question 5

what makes up legislation?

(2 marks)

Answer 5

• houses of parliment, NI assembly, scottish parliment
• statutes

Question 6

what are statutes?

(5 marks)

Answer 6

= acts of parliment
* developed from bills
* government sponsored
* private members
* royal assent

Question 7

what is constitutional law?

(1 mark)

Answer 7

procedures that the state must adhere to

(how the country is governed)

Question 8

what is criminal law?

(6 marks)

Answer 8

• governs society
• deals with crime and consequences
• leads to punishment
• breaches known as ‘offences’
• actus rea - guitly act
• mens rea - guilty mind

(how individuals must behave)

Question 9

types of criminal offence?

(3 marks)

Answer 9

• summary offences
• either way offences
• indictable only offences

Question 10

what is a summary offence?
and example?

(3 marks)

Answer 10

• tried in magistrates courts
• relatively minor
• e.g. animal cruelty

Question 11

what is an either way offence?
and example?

(3 marks)

Answer 11

• tried in crown court / magistrates courts
• wide level seriousness
• e.g. robbery

Question 12

what is a indictable only offence?
and example?

(2 marks)

Answer 12

• most serious and can only be dealt with by crown court
• e.g. murder

Question 13

who dictates punishment for criminal offences?

(3 marks)

Answer 13

decided by the courts:
* crown prosecution service
* bench of magistrates / crown court judge

Question 14

types of punishment for criminal offences?

(4 marks)

Answer 14

• fines
• imprisonment
• sanctions
• capital punishment (ended in 1964)

Question 15

name the criminal laws:

(criminal laws to consider)

(10 marks)

Answer 15

• VSA 1966 + S3 amendement 2002
• H&S at work act 1974
• general data protection regulation
• medicines act 1968
• veterinary medicines regulations 2013
• animal welfare act 2006
• dangeous dogs act 1991
• endangered species (import + export) act 1976
• wildlife and countryside act 1981
• sale of goods act 1976

Question 16

what is civil law?

(3 marks)

Answer 16

• governs relationship between citizens - harm or loss suffered by an indiviudal
• leads to compensation
• vet concern with contract and tort branches of civil law

Question 17

what is contract law?

(1 mark)

Answer 17

• any agreement enforceable by court = contract

Question 18

contract law in terms of veterinary medicine?

(examples)

(3 marks)

Answer 18

• employment contracts
• client consent
• service suppliers

Question 19

contract requirements?

(4 marks)

Answer 19

• capacity
• intention to be legally bound
• offer and acceptance
• consideration

Question 20

what is tort law?

(3 marks)

Answer 20

branch of civil law - relates to implicit civil responsibilities that people have to one another
a ‘tort’ is a wrong against someone’s personal safety, possessionals / reputations

Question 21

what does tort law relate to?

(6 marks)

Answer 21

• negligence
• trespass
• workplace safety
• nuisance
• defamation
• breach of confidence

Question 22

tort law relating to veterinary nursing?

(4 marks)

Answer 22

• patient consent - authorised disclosure
• patient intrest - disclosure between health professionals

Question 23

what is negligence?

(4 marks)

Answer 23

3 principles must be proves in order to confirm negligent act has occured:
1. duty of care
2. breach of duty
3. consequential harm

Question 24

what is duty of care?

(2 marks)

Answer 24

falls under tort law
= legal obligation imposed on individual requiring they adhere to standard of reasonable care while performing many acts that could foreseeably harm others

Question 25

threefold test for duty of care?

(3 marks)

Answer 25

• reasonably foreseeable
• relationship between plaintiff and defendant
• fair and reasonable to impose liability

Question 26

how to know if foreseeability and remoteness (duty of care) has been breached?

(1 mark)

Answer 26

would the act create foreseeable harm?

Question 27

how to know if relationship between plaintiff and defendant (duty of care) has been breached?

(7 marks)

Answer 27

to who? / when does it begin?
* between VS/VN and client once on practice property
* between VS/VN and employer/colleagues
* between VS/VN and certain other indiviudals

what’s missing?
* no legal duty of care concerning animal
* legally, animals are property or ‘chattels’

Question 28

how to know if fair and reasonable to impose liability (duty of care) has been breached?

(2 marks)

Answer 28

do we have a duty of care?
(legally duty of care lies with owner)

Question 29

how to know if breach of duty has occured?

(3 marks)

Answer 29

carry out bolam test = when group / professional body confirms action taken would be the same as other person with that skill / qualification.
if profession agrees action taken to be correct - the action cannot be deemed negligent.
can be subjective and objective

Question 30

who are you judged against with breach of duty?

(2 marks)

Answer 30

• standard of your peers
• accepted practice

Question 31

what is consequental harm (causation)?

(2 marks)

Answer 31

final stage of negligence.
did the harm / loss suffered occur as a result of negligence?

Question 32

what happens after negligence is proven?

(7 marks)

Answer 32

damages
injured party is restored to previous state:
- loss of earning
- expenses
- loss of use
- reduction in value
- loss of animal

Question 33

animal protection legislation?

(4 marks)

Answer 33

• protection of animals act 1911
• since have been 9 amendements
• act covers domestic / captive animals - includes farm animals
• it is an offence to cause any unnecessary suffering to any domestic / captive animal

Question 34

animal welfare act 2006?

(4 marks)

Answer 34

• superseded protection of animal act
• applies to domestic (inc. equine) and captive wild animals
• suffering = crime, also conditions in which animal kept if would lead to suffering if situation continued
• = RSPCA can seize animal, without waiting for signs of suffering and take legal action

Question 35

what does working as a VN encompass?

(4 marks)

Answer 35

• moral duty
• professional duty
• legal duty
• consider moral, professional and legal duties this will raise.