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Forensics exam > Past > Flashcards

Past Flashcards

1
Q

prosecutors office

responsibilities

A

➾ Control and 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 of penitentiary system
➾ Order, supervise or carry out investigations

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2
Q

Legal characteristics

A

Legislation
➾ defect, deficiency, characteristic:
➾ decrease significantly or prevent proper use
or
➾ decrease significantly economic or marketvalue

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3
Q

Burden of proof

A

injured party:
➾ damage
➾ connection between the illegal action and the damage

person causing the damage (tortfeasor):
➾ his action was not illegal or
➾ his action was not negligent

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4
Q

Participants in a civilsuit

A 
  court (judge/s) 
  (public prosecutor) 
  plaintiff: 
  defendant:  
  intercessor: 
  representatives
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5
Q

illegal animal fights

A

 Any person involved in the organization of fights using vertebrate animals, or in making arrangements for betting or placing bets on such animal fight, is guilty of a felony.
 Any person involved in acquiring, keeping, breeding, training, domesticating or trafficking of vertebrate animals for the purpose of fights is guilty of misdemeanor.

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6
Q

Defect of performance

A 
The goods (e.g. animal) or service does not
comply with the legal characteristics or
with the characteristics stipulated in the
contract and the defect existed at the time
of delivery
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7
Q

Breach of contract

A 
any act or behaviour of the obligor (seller)
or obligee (buyer) that prevents or
encumbers the realisation of the aim of
contract or leads to any defect of the
performance
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8
Q

Perjury

A

Any witness who gives false testimony before the authority concerning an essential circumstance of a case, or
suppresses evidence is guilty of perjury.
The provisions relating to perjury shall be applied to any
person who:
 a) gives false opinion as an expert or false information as a special adviser;
 b) falsely translates as an interpreter or a translator;
 c) presents a false document or manipulated physical
evidence in criminal or civil proceedings

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9
Q

Violation of epidemic control regulations

A

Any person who breaches epidemiological measures introduced for the prevention of the spreading - within or across the border - of infectious animal diseases or for the eradication of such is punishable for misdemeanor.

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10
Q

Common mistakes in giving an opinion

A

Common mistakes:
 not up to date methods
 definite without reason
 giving opinion in questions beyond his competence
 true statement but not justified/explained enough
 not taking into account the specialities of the
case, stereotyped
 not clear enough to everybody
(e.g. professional terms without explanation)
 not keeping the deadline (may ask for postpone)

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11
Q

diagnosis avian leukosis

A

Diagnosis: age (over 6 months)

pathology
laboratory examination

(differentiation from Marek’s disease)

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12
Q

diagnosis SMEDI

A 
Diagnosis:
usually in young gilts (maternal immunity until 8-9
months of age)
clinical signs, laboratory examinations:
• absorbtion of foetuses,
• mumification
• less than 6 piglets
• stillbirth
• apparent infertility
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13
Q

diagnosis of fowl cholera,

A

it cannot be diagnosed in live animals
patholgical findings, laboratory examination (antibiotic sensitivity
test is necessary!)

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14
Q

origin derzys,

A 
Origin
High rate of death: germinative infection or infection at the hatchery
Incubation period: 8-12 days
Serum on the first day at the hatchery
Isolation of the day old chickens
Vaccination of breeding flocks
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15
Q

Origin of avian leucosis

A

Origin: clinical signs only in case of infection before the
age of 10 weeks
• if the animals are over 10 weeks of age at the time of
delivery:it is originated back before delivery

• if the animals are under 10 weeks of age at the time
of delivery:either germinative or contact infection
before the age of 10 weeks: epidemic investigation

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16
Q

origin of equine behaviour disorders

A 
origin
➾	history (witness testimonies)
➾	physical examination
➾	hypertrophied muscles, deformed hooves, worn teeth, scars
➾	repeated observation
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17
Q

Origin of erysipelas

A

Origin: min. incubation period 24 hours
>7 days it cannot be originated back before delivery
1-7 days: examination of predisposing factors
(overcrowding, transport etc.)
endocarditis: min. 3 weeks

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18
Q

Significance of Eq Behavioural patterns

A

Significance: affect purpose of use
➾ health damage
➾ dangerous to the environment
➾ improvement is not possible or difficult and requires long time

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19
Q

significance of TRP

A

death, emergency slaughter

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20
Q

Significance of parvovirus

A

Significance:
➾ in case of death
➾ treatment costs (justified expenses)

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21
Q

Bovine tuberculosis diagnosis

A

 Diagnosis
 veterinary institute: bacteriology, histopathology
 disease: clinical sings, post mortem lesions
(pathology, meat inspection), isolation of M. bovis
(months!), positive intradermal tuberculin tests
 suspected of being diseased: positive intradermal
tuberculin test

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22
Q

Bovine TB significance

A

Significance
 state veterinary measures: compulsory eradication
prohibition of treatment or vaccination

 diseased or infected: slaughter
 suspected of being infected: official surveillance,
movement restrictions
 free status: legal characteristic
 herd of origin: significant for the whole herd
(suspension of free status)

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23
Q

Bovine brucellosis significance

A

Significance
 state veterinary measures: compulsory eradication
 prohibition of treatment or vaccination
 diseased or infected: slaughter
 suspected of being infected: official surveillance,
movement restrictions
 free status: legal characteristic
 herd of origin: significant for the whole herd
(suspension of free status)

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24
Q

Bovine brucellosis origin

A

Origin:
 Thomsen-rule: the later in pregnancy the animal is
infected, the sooner it aborts
 min. 3 weeks
 positive serology: late pregnancy: 8 days
 <7th month of pregnancy: 3 weeks
 epizootic inquiry
 min. 30 day-quarantine: examination on the first
week and before release from isolation

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25
Q

Forensics aspect of Parvo

A

Burden of proof:
 Defect
 Significance
 Origin

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26
Q

Parvi diagnosis

A

Diagnosis: age, clinical signs, pathology,

histopathology, laboratory confirmation

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27
Q

Parvo origin

A 
Origin: incubation period: 2-4 days
 3 days: if disease+death
 4 days: typical pathological
lesions+regenerating enterocytes
 5 days: disease within 2 days, death in spite
of treatment
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28
Q

Parvi significance

A

Significance:
 in case of death
 treatment costs (justified expenses)

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29
Q

Distemper diagnosis

A

Diagnosis:
 clinical signs (respiratory tract, mucous
membranes, neurological system, skin)
 pathology, histopathology, antibodies, virus
antigen

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30
Q

Distemper significance

A 
Significance:
 always if death
 loss of olfactory acuity or hard ped disease:
working dogs
 neurological signs: euthanasia
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31
Q

Hip dysplasia

A

 X-ray: age!
 breeding or working animal: all stages
 non-breeding animal: if clinical manifestation

32
Q

Cryptorchism

A

breeding animal: exclusion from breeding
 non-breeding animal: neoplastic
malformation

33
Q

Rights of warranty

A

*Repair (treatment)
• Replacement
• Reductuction price
• Withdraw from the contract (termination of contract)
May switch to other type of warranty, if damage&raquo_space; compensation

34
Q

Diagnosis of Mushy Chicken

Significance and origin

A

Diagnosis:
 clinical signs: weak, low body weight (minus
variants)
 pathological findings: triad: yolk sac persistance,
omphalitis, improper closing of the navel
 mortality: 1-10 days
 laboratory examinations: excluding other infectious
and non-infectious diseases

Significance
 Depending on the rate of loss (2%)

Origin
 Death of day-old chickens under the age of 10 days
can be originated back to the hatchery (or to the
breeding flock)

35
Q

Origin of Fowl Cholera

A

Origin: virulent P. multocida (carrier) and predisposing factors
– clinical signs within 24 hours: could be originated back before the
time of delivery
– after 24 hours: was there any fowl cholera outbreak at the seller
during the previous 1 year (carrier state)?
– has he informed the buyer about the previous outbreak?
– other source of infection at the buyer (isolation, all in-all out system?)
– predisposing factors (transport, force-feeding etc.)

36
Q

Significance of teeth problems in horse

A 
alter efficient dental function
 could not be treated
 risky, expensive intervention or
 removal of tooth: surgery
 consequent GI disease
37
Q

Origin of Avian Leucosis

A

Origin: clinical signs only in case of infection before the
age of 10 weeks
• if the animals are over 10 weeks of age at the time of
delivery:it is originated back before delivery

• if the animals are under 10 weeks of age at the time
of delivery:either germinative or contact infection
before the age of 10 weeks: epidemic investigation

38
Q

Criminal offense with harmful consumer goods

A

any person who prepares or 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 not 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, or to prevent their being placed on the market

39
Q

Significance of Irdiocycolchorditis in horse

And origin:

A

Significance:
 blindness or impaired vision: visual acuity: legal characteristic

Origin:
 chronic: 30 days
 acute:
– 2 days
– of a primary disease (allergy: 7-8 nap)
– + chronic changes
40
Q

Court of law

A

Structure: District courts (court of first instance)
County court (court of first instance or appeal) High courts of appeal
Supreme court
Jurisdiction(subject) and competence (geographical area)

41
Q

Damage

A 
material damage:
 real loss (e.g. price of the animal)
 unrealised profit
 justified expenses (e.g. veterinary treatment,
transport)
 not emotional damage!!!
immaterial damage: violation of someone’s
personal rights
(e.g. injury of reputation)
42
Q

Misuse of poisons

A

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 or for the protection of others is guilty of a misdemeanor, insofar as the act did not result in a more serious criminal offense.

43
Q

Evidences in Civil Court

A
  • With a 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, opinion of expert, inspections, documents and other physical evidence
Criminal procedure Evidence:
• Witness testimony
• Forensic expert opinion(s) • 
Physical evidences
• Documents
• Inspection
44
Q

Warranty

A

Objective consequence of the defective performance (without justification): on the basis of a contract in which the parties owe mutual services to one another, the obligor shall be liable to provide warranty for lack of conformity
On the basis of law
- the oblier(seller) is obliged to compensate
- regardless that his/her behaviour was, intentional, negligent or he/she acted on good faith.


45
Q

Liability can be excluded in case of strict/objective liability

A 
Strict/objective liability
 illegal action
 damage
 connection
 detailed legislation!
Special danger
46
Q

Liability for the acts of employees

A
  • If an employee causes damage to a third party in connection with his employment, liability in relation to the injured person lier with the employer
  • Liability of the employee and the employer shall be joint and several if the damage was caused intentionally
47
Q

Erysipelas significance

A

acute case: if death

chronic case: arthritis, skin necrosis or endocarditis

48
Q

Erysipelas diagnosis

A

clinical signs, pathological findings

49
Q

SMEDI significance

A

significance: abortion or decreased litter size

50
Q

Exclusion of Liability

A 
Exclusion:
 Unavoidable external reason:
– Vis major
– Injured party’s unavoidable action
– Third person’s unavoidable action
– Unavoidable effect of other external event
(e.g. animal)
Time limit: 3 years
51
Q

general subjective liability

A

Def.: 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

52
Q

Strict/objective liability

A 
 illegal action
 damage
 connection
 detailed legislation!
Special danger
53
Q

Exemption from liability

A

• Obligee (buyer) knew or should have known the defect

54
Q

Exclusion of liability

A

*may be excluded with mutual agreement

The exclusion is not valid:
*if caused intentionally, by serious
negligence, or by crime
*the goods (animal) damages life, physical
integrity, health
*there is no proper compensation
55
Q

Perpetrator

A

Perpetrator is a person who actually commits a criminal act.

56
Q

Covert offender

A

Covert offender is a person who instigates the commission of an intentional offense by using a person who cannot be prosecuted for reason of minority or insanity, of for reason of acting under undue influence by coercion or duress, or under misconception.

57
Q

Coactor

A

Coactor is a person who knowingly and voluntarily participates in a criminal act jointly with others, in full knowledge of each other’s activities

58
Q

Abettor

A

Abettor is a person who intentionally persuades another person to commit a crime.

59
Q

Acomplice

A

Accomplice is a person who knowingly and voluntarily helps another person to commit a crime.
The penalties applicable to parties to a crime shall also apply to accomplices.

60
Q

Veterinary professional liability

A

illegal action:
- written rules of the profession: legislation, books, course notes, scientific
articles,conference papers, instruction for use of pharmaceutical and vaccines
- unwritten rules (ethical norms): expectations of the society and expectations of the
colleagues

61
Q

May not be heard as a witness:

A
  • Any person who cannot be expected to provide a correct testimony due to some physical or mental disability may not be summoned to testify
  • The witness, unless exempted from the obligation of confidentiality, shall not 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.

Clergymen and churchmen on issues subject to the obligation of professional secrecy
The counsels for the defence on issues which have come to their cognisance or which they have communicated to the defendant in their capacity as a counsel for the defence
Who apparently cannot be expected to give correct testimony due to their physical or mental condition

62
Q

Giving testimony may be refused:

A

• by any close relative of the parties
• any person whose testimony would implicate himself or his close relative referred to in the
commission of crime, to the extent covered by that subject
• by attorneys, doctors and 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. 


63
Q

Impartiality ensured by:

A

Independence of judges: not influenced or ordered
Election of judges (parliment, president): diploma in law, experience and practice, clear
past record
Participation of the society in judgement (lay assessors) Publicity
Appealable decisions

64
Q

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)
65
Q

Significance of fowl cholera

A

Significance: depending on rate of death

eggshell contamination but there is no germinative transmission

66
Q

fertility of eggs

A 
 sex-rate
 age
 temperature
 length and intensity of lighting
 infectious and non-infectious diseases
 feed-toxicoses
67
Q

Origin Fowl Typhoid
Significance
diagnosis

A

Origin: death during the first 5 days could be originated back to the hatchery
to the breeding flock: if the hatchery complied with the rules
(marking the eggs, separate hatching)
tests: blood tests, examination of dead eggs
deaths after 5 days of age: epidemic investigation (isolation etc.)

Diagnosis:
• slide agglutination probe,
• microagglutination probe at the vet institute,
• bacteriology: dead eggs, day old chickens
Obligatory eradication programs: blood tests

Significance:
infection: significant in breeding flocks
disease: broiler chickens: death rate (2%)
breeding flocks: germinative infection

even 1 case could be significant

68
Q

criminal negligence,

A

 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, or fails to foresee such possible

consequences through conduct characterized by
carelessness and neglectfulness.

69
Q

Significance of avian leukosis

A 
Significance: sporadic deaths
 breeding flock: germinative infection
always significant (even 1 case)
immuno-tolerance: life-long virus shed
 table egg production: if death rate is over 2%
70
Q

origin of marek

A

Origin:
1. Age of susceptibiliy (10 weeks of age)
2. Routes of infection: eggshell, day-old chickens, adult poultry,
equipment, persons)
3. Incubation period (1-7 months)
The younger is the chicken the higher is the susceptibility
High rate of diseased animals: if infection during the first days of life
Infection at the hatchery: if isolation until the age of 6-8 weeks

71
Q

Diagnosis mareks

A 
Diagnosis: age: acute form: min. 3-4 weeks of age,
usually: 5-8 weeks of age
chronic from (paralysis): adult animals
 clinical signs
 pathology, histopathology
72
Q

Significance of mareks

A

Significance: depending on death rate (2%)

no germinative infection

73
Q

Bovine brucellosis diagnosis

A

 Diagnosis
 veterinary institute: bacteriology + 2x serology
 sample: aborted foetus, placenta , blood
 seropositivity: Brucella abortus (B. melitensis, B.
suis)
 disease: clinical signs (abortion, premature calving,
retention of placenta), isolation of brucellas

74
Q

Heriditary diseases
diagnosis
significance
origin

A

Diagnosis:
 clinical, pathological, genetic examination

Significance:
 lethal
 contract
 animal welfare act
 ethical rules

Origin:
 before birth

75
Q

singificance primary and secondary GI

A

Significance:
 death
 high veterinary costs

76
Q

Significance and origin of copd

A

Significance:
 death
 alter the ability of the horse to work

Origin:
 manifestation in clinical signs:
min. 2 weeks
 second heart sound is split: min. 6 weeks

77
Q

Crime with intent

A

A criminal offense is committed with intent if the
person conceives a plan to achieve a certain
result, or acquiesces to the consequences of his
conduct.

Forensics exam (1 decks)

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