Legislation and Incentives Flashcards

1
Q

A law of set of laws suggested by a government and made official by a parliament

A

Legislation

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2
Q

A rule established in the community by authority or custom; a body of such rules

A

Law

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3
Q

The rule or group of rules relevant to a particular topic

A

Legislation

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4
Q

A specific law passed by a legislative body

A

Statue

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5
Q

An act contrary to the law

A

Offence

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6
Q

A person accused of an offense in a court of law

A

Defendant

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7
Q

A person or body bringing an action in a court of law

A

Plaintiff

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8
Q

Apply only to the relevant state where they are passed. This can lead to problems with uniformity throughout the country if state laws differ.

A

State laws

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9
Q

Are laws which apply across the country. These are good, as they set one standard but in diverse countries they can be hard to enact and change as all the individual states/local governments may need to reach agreement to change the law

A

Federal Laws

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10
Q

Are local laws which are created and enforced locally. The presice size of the location they affect will depend on the structure of that country’s administration.

A

By-Laws

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11
Q

These have limited effect due to their geographical boundaries, but are usually much easier to enact due to the fact that agreement from fewer stakeholders is required

A

By-laws

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12
Q

This means the initial document outlining the law

A

Primary Legislation

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13
Q

Used to created federal or state laws. This tend to be developed following repeated debates in the national legislative body.

A

Primary Legislation

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14
Q

Gives more detailed provisions about the subject than those contained within primary legislation.

A

Secondary Legislation

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15
Q

May be a secondary legislation, but this will depend on the terminology used in that country

A

Regulations

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16
Q

are guidelines written specifically for those who need to comply with the legislation.

A

Guidance and documents and codes of practice

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17
Q

is good for that particular animal, the legislation may not specifically
state anything relating to the animal’s welfare. A ‘do not kill’ statement does not need to acknowledge the sentience of that animal.

A

Protecting species

18
Q

traditionally, laws about animals
have been prohibitive – they decree what you must not do. Banning specific actions involving animals such as fighting (e.g. dog-fighting, bull-fighting,
etc.), fox hunting, using animals in circuses, etc. These are usually positive for animal welfare.

A

Banning Activities

19
Q

will prevent or punish
the occurrence of certain acts (hitting, kicking, burning, etc.) and the action usually has to cause the animal ‘unnecessary suffering’ for it to be an offence

A

Prohibiting cruelty

20
Q

setting standards while farming for meat or fur, etc. These are usually
minimum standards that prohibit the very worst conditions which are deemed by many to permit cruelty

A

Controlling methods of production

21
Q

these laws tend to be prescriptive
(i.e. state what a person must do) and so require positive action for the particular animal, usually specifying minimum
standards of care.

A

Improving animal welfare

22
Q

this is an example where the inclusion
of animals in legislation can actually be detrimental to animal welfare.

A

Improving public health

23
Q

some laws are passed regarding
animal health in order to prevent the spread of diseases.

A

Improving animal health

24
Q

Legislation may not be effective……

A

IF ANIMALS ARE CLASSED AS PROPERTY IN THE LAW

25
Q

WHY LEGISLATION MAY NOT BE EFFECTIVE?

A

•Legal status of animals as property
•Sentience may not recognised
•Strict liability offence or intent needed
•Exemptions: religion and culture
•Accepted practice
•Wording
•Lack of enforcement

26
Q

Knowing the potential difficulties with animal welfare law

A

A model welfare law

27
Q

Other ways to improve animal welfare

A

Public Education and Government fund research

28
Q

There should be sufficient penalties in place in line with other similar offences in the country

A

ADEQUATE CONSEQUENCES OF A MODEL LAW

29
Q

public and some other specialist interest groups understand the issues and may be more willing to support future legislation or higher prices to ensure animals are
protected.

A

Public education

30
Q

is important in the long term, to
address questions of science, willingness to pay, etc., so that policy reflects the local situations and animals’ needs.

A

Government-funded research

31
Q

Authority to remove animals during legal proceedings.

A

Animal Seizure power

32
Q

Classification of legislation as primary or secondary.

A

Legal Status

33
Q

Treaties governing trade and animal welfare standards.

A

International Agreements

34
Q

Authority responsible for creating and passing laws.

A

Legislative Body

35
Q

National laws governing animal welfare practices.

A

Domestic Legislation

36
Q

Intentional action to cause harm to animals.

A

Deliberate Intent

37
Q

Guilt established without proving intent.

A

Strict Liability Offence

38
Q

Alterations in legislation affecting original meaning.

A

Wording Compromises

39
Q

International body regulating trade agreements.

A

World Trade Organization (WTO)

40
Q

Legal term for ‘guilty mind’ or intent.

A

Mens Rea