Legislation Flashcards
What is Common Law?
Derived from custom and judicial decision rather than statutes/written laws
What is Civil Law?
Deals with disputes between individuals or organisations
What is Criminal Law?
Deals with disputes between society and individuals/organisations
What is Statutory Law?
Laws that have been made by an act of parliament. Government may introduce a ‘bill’ to update existing laws or develop new ones in response to changes in society. A bill is debated in parliament & once it is passed it is drafted into law
What is Precedent?
A legal decision that serves as an authoritative rule in similar cases that follow
Who can bring a Civil case?
An individual
Who can bring a Criminal case?
Society
Procurator Fiscal (Scotland)
CPS (England)
Who hears a Civil case?
Up to 3 judges
Who hears a Criminal case?
Judge and Jury
What is the outcome of a Civil case?
Each case will have ‘counts’ with each count viewed individually
What is the outcome of a Criminal case?
Either innocent or guilty (and not proven in Scotland) with the assumption of innocence
What is the concequence in a Civil case?
Monetary reparation attributed to the case. No custodial sentence unless fine not paid (contempt of court)
What is the consequence of a Criminal case?
Custodial sentence, community payback, fine or a combination
What is the time-scale for a Civil case?
3-10 years
What is the time-scale of a Criminal case?
1-2 years
What year was the Animal Health and Welfare (Scotland) Act brought about?
2006
What is an owners’ duty of care?
- A suitable environment in which the animal can live
- A suitable diet
- Facilities/activities for the animal to express normal behaviour
- Suitable companionship - to be housed with or without other animals, depending on the needs of the individual species
- Protection from pain suffering and disease