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Forensic > MT 1 > Flashcards

MT 1 Flashcards

1
Q

Law of procedures- Courts of law ( Level of courts).

A
  • District courts ( court of 1st instance).
  • County courts ( court of 1st instance/ appeal).
  • High courts of appeal.
  • Supreme court ( 2nd appeal, harmonised decisions).
  • Jurisdiction ( subject) + competence ( geographical area).
  • 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.
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2
Q

Law of procedures- impartiality ensured by:

A
  • Independence of judges: ø influenced/ orderred.
  • Election of judges ( Parliament, President): diploma in law, experience + practice, clear past record.
  • Participation of society in judgment ( lay assessors).
  • Publicity.
  • Appealable decisions.
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3
Q

Law of procedures- Public prosecutor’s office.

Structure:

A
  • Municipal prosecutor’s office.
  • County prosecutor’s office.
  • Appellate prosecutor’s office.
  • Chief Prosecutor’s ( Public Prosecutor General).
  • Jurisdiction + competence= courts.
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4
Q

Law of procedures- Responsibilities:

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.
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5
Q

Law of procedures- Civil suit, Participants.

A
  • Court ( judge/s).
  • ( public prosecutor).
  • Plaintiff: voluntary role.
  • Defendant: forced role.
  • Intercessor: legal interest, voluntary/ accepted role.
  • Representatives.
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6
Q

Law of procedures- Criminal procedure, Participants:

A
  • Court ( judge/s).
  • Public prosecutor.
  • Investigative authority( police, public prosecutor, customs + finance guard).
  • Accused person ( defendant).
  • Victim ( Injured party).
  • Private accuser.
  • Substitute private accuser.
  • Their representatives.
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7
Q

Law of procedures- Criminal procedure, evidences:

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.
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8
Q

Law of contracts- Contracts, definition.

A
  • A contract is concluded upon the mutual + congruent expression of the parties’ agreement intended to give rise to obligations to perform services + to entitlements to demand services.
  • The risk shall pass on the other party upon performance.
  • Freedom:
    > to conclude a contract.
    > to choose the contracting party.
    > to choose type of contract.
    > to agree in the content of the contract.
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9
Q

Law of contracts- Breach of contract.

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.
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10
Q

Law of contracts- different forms of breach.

A
  • Obligor’s delay.
  • Obligee’s delay ( late acceptance).
  • Impossibility of performance.
  • Withholding performance ( refuse to perform).
  • Defective performance ( lack of conformity).
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11
Q

Law of contracts- Defective performance ( Lack of conformity).

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.
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12
Q

Law of contracts- Legal characteristic?

A
  • Legislation.
  • Defect, deficiency, characteristic:
    > decrease significantly/ prevent proper use or
    > decrease significantly economic/ market value.
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13
Q

Law of contracts- Proper use?

A
  • Expressed by the buyer.

- Public opinion at the time + place of sale ( exc. against law/ science).

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14
Q

Law of contracts- Burden of proof.

A
  • Buyer’s obligation to prove:
    > defect.
    > Significance.
    > O.
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15
Q

Law of contracts- 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.
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16
Q

Law of contracts- Exemption from liability:

A
  • Obligee ( buyer) knew or

- Should have known the defect.

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17
Q

Law of contracts- Rights:

A
  • Repair ( treatment)
  • Replacement.
  • Reduction of price.
  • withdraw from the contract ( termination of contract).
  • Maybe switch to other type of warranty
    > If damage»> compensation.
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18
Q

Law of contracts- Expiry of a Right to warranty?

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.
  • As regards any part of the thing that has been repaired/ replaces, the limitation period for the right to warranty shall recommence.
  • Obligor’s claim of enrichment.
    > In the event of replacement/ withdrawal, the obligee shall ø be liable to compensate for the loss in value if it has occurred in consequence of proper use.
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19
Q

Law of contracts- Time limit of warranty for animals?

A
  • Limitation period: 1 yr.

- Restart after change/ rectification.

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20
Q

Law of contracts- 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.
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21
Q

Law of contracts- Commercial guarantee?

A
  • Any person who guarantees performance of a contract/ is required by law to provide guarantee shall assume liability for lack of conformity during the guarantee period under the cond set out in the guarantee statement/ in the relevant legislation.
  • The guarantor shall be released from liability if he is able to prove that the cause of the defect occurred after performance.
    This guarantee shall ø affect the obligee’s legal rights.
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22
Q

Law of torts- 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.
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23
Q

Law of torts- Damage:

A
  • Material damage:
    > Real loss ( depreciation in value).
    > Unrealised profit ( pecuniary advantage loss).
    > Justified expenses ( costs necessary for the mitigation / elimination of the financial losses).
    > ø emotional damage.
  • Immaterial damage:
    > Violation of someone’s personal rights.
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24
Q

Law of torts- Burden of proof.

A
  • Injured party:
    > Damage.
    > Connection between the illegal action + the damage.
  • Person causing the Damage ( tortfeasor):
    > His action was ø illegal/
    > His action was ø negligent.
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25
Q

Special forms of liability- Strict/ Objective liability.

A
  • Illegal action.
  • Damage.
  • Connection.
  • Detailed legislation.
  • Special danger.
26
Q

Strict/ Objective liability ( Liability for hazardous operations).

A
  • 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.
27
Q

Liability- Exclusion:

A 
- 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.
28
Q

Liability for the acts of employees.

A
  • 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.
29
Q

Liability for the actions of administrative authorities.

A
  • 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.
30
Q

Liability for the actions of agents ( mandatees).

A
  • 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.
31
Q

Damages caused by an agent/ mandatee ( Vicarious liability).

A
  • 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.
32
Q

Veterinary professional liability:

A 
- Illegal action:
> Written rules of the profession.
• Legislation.
• Books, course notes, scientific articles, conference papers.
• Instruction for use of phamaceuticals + vaccines.
> Unwritten rules ( ethical norms).
• Expectations of the society.
• Expectations of the colleagues.
33
Q

Evidences in 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.
34
Q

Evidences in civil suit- May ø be heard as witness.

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.
35
Q

Evidences in civil suit- Giving testimony may be refused:

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.
36
Q

Evidences in civil suit- Veterinary expert, preliminaries:

A
  • Professional knowledge ( degree).
  • Clean criminal record.
  • Special exam.
  • Membership in the Chamber of forensic experts.
  • Membership in the professional chamber.
  • Opinion of the Minister of the professional field.
  • Opinion of the employer.
37
Q

Evidences in civil suit- Veterinary expert, Refuse.

A
  • Reason for exclusion.
  • ø his professional field.
  • Other duties.
  • Health status.
  • Deadline.
38
Q

Evidences in civil suit- Veterinary expert, Common mistakes:

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).
39
Q

Criminal liability- Criminal offence ( act of crime).

A
  • Criminal offence means any conduct that committed intentionally/- if negligence also carries a punishment- by negligence, that is considered harmful to soceity + that is punishable by law.
  • Felony is a crime committed intentionally which is punishable under the law by imprisonement of 2/ more years. Every other criminal offense is a misdemeanor.
  • A criminal offense is committed with intent if the person conceives a plan to achieve a certain result,/ acquiesces to the consequences of his conduct.
  • An act of crime is committed by 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.
40
Q

Perpetrator.

A
  • A person who actually commits a criminal act.
41
Q

Covert.

A
  • Offender
  • A person who instigates the commission of an intentional offense by using a person who cannot be prosecuted for reason of minority/ insanity, of for reason of acting under undue influence by coercion/ duress,/ under a misconception.
42
Q

Coactor.

A

A person who knowingly + voluntarily participates in a criminal act jointly with others, in full knowledge of each others activites.

43
Q

Abettor.

A

A person who intentionally persuades another person to commit a crime.

44
Q

Accomplice.

A
  • A person who knowingly + voluntarily helps another person to commit a crime.
  • The penalties applicable to parties to a crime shall also apply to accomplices.
45
Q

Criminal liability- Preclusion of punishment.

A
  • Being below the age of criminal responsibility.
  • Insanity.
  • Coercion + threat.
  • Mistake.
  • Justifiable defense.
  • Means of last resort.
  • Statutory authorization.
  • Other grounds defined by law.
46
Q

Criminal responsibility shall be excluded:

A
  • Upon death of perpetrator.
  • By statutory limitation.
  • By clemency.
  • Upon voluntary restitution.
  • Criminal prosecution shall be precluded lacking a private motion/ an official complaint.
47
Q

Criminal liability- Penalties are:

A
  • Imprisonement.
  • Custodial arrest.
  • Community service work.
  • Fine.
  • Prohibition to exercise professional activity.
  • Driving ban.
  • Prohibition from residing ina . particular area.
  • Ban from visiting sports events.
  • Expulsion.
  • Deprivation of civil rights may be imposed as a form of additional penalty.
48
Q

Prohibition to exercise professional activity.

A
  • 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.
49
Q

Criminal liability- Measures are:

A
  • Warning.
  • Conditional sentence.
  • Work performed in amends.
  • Probation with supervision.
  • Confiscation.
  • Confiscation of property.
  • Irreversibly rendering electronic information inaccessible.
  • Involuntary treatment in a mental institution.
  • Measures against legal persons.
50
Q

Criminal offences- Professional Misconduct, Malpractice.

A
  • 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,/ causes bodily harm, is guilty of a misdemeanor.
51
Q

Criminal Offenses with Toxic Substances.

A
  • 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.
52
Q

Criminal Offenses with harmful consumer goods.

A
  • 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.
53
Q

Criminal Offenses with Classified information.

A
  • Any person who:
    > obtains/ uses any classified information.
    > discloses any classified information to an unauthorized person,/ withholds such information from a competent person; is guilty of criminal offenses with classified information.
  • Any person who engages in preparations for criminal offenses with classified information as shall be punishable for a misdemeanor.
54
Q

Criminal offences- Perjury.

A
  • 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.
55
Q

Criminal offences- Organization of illegal Animal Fights.

A
  • 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.
56
Q

Criminal Offences- Cruelty to Animals.

A
  • 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.
57
Q

Criminal offences- Violation of epidemic control regulations.

A

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.

58
Q

Criminal procedure- Witness testimony.

A
  • Those person may be heard as a witness who may have knowledge of the fact to be proven.
  • Witnesses illegitimately refusin to testify / co-operate in the procedural action despite being warned about the consequences, may be subject to the imposition of a disciplinary penalty + obliged to pay the costs caused.
59
Q

Criminal procedure- The following may ø be heard as witnesses:

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.
60
Q

Criminal procedure- The following may refuse to testify as a witness:

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.
61
Q

Criminal procedure- Testimony of defendant.

A
  • At the commencement of the questioning, the defendant shall be advised that he is ø under the obligation to testify, that he may refuse to testify/ to respond to any of the questions in the course of the questioning, but may freely decide to testify at any time even if he has previously refused to do so.
  • The defendant shall also be warned that anything he says/ provides may be used as evidence. The warnings + the response of the defendant shall be included in the records. In the absence of such warnings, the testimony of the defendant may ø be admitted as a means of evidence.
62
Q

Criminal procedure- Evidentiary procedures.

A
  • An inspection may be ordered + conducted by the court/ the prosecutor if the elucidation/ establishment of a fact to be proven requires the examination of a person, an object or site, or the observation of an object/ site. If deemed necessary, an expert may be involved in the inspection.
  • The court/ the prosecutor shall order + stage a reconstruction, if they wish to establish/ verify whether an event/ occurrence could, in fact take place at a specific place + time, in a specific way/ under specific circumstances.

Forensic (17 decks)

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