Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Forensic Veterinary Medicine > Past Questions > Flashcards

Past Questions Flashcards

1
Q

Define ‘warranty

A

Objective consequence of the defective performance (without justification)

Legally:​The obliger (seller) is obliged to compensate regardless of whether his/her behaviour was intentional, negligent or he/she acted in good faith

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define ‘malpractice’

A

Any person who engages in misconduct in the course of engaging in his/her profession, thus causing imminent danger to the life, bodily integrity or health of another person or persons by his/her failure to act with reasonable care, or who causes bodily harm, is guilty of a misdemeanour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define ‘liability for damages’

A

Any person who causes damage illegally to another person must compensate him/her unless he/she can prove that he/she acted in the same way that a reasonable, prudent person would have acted in the given situation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

General limitation period for the validation of rights of warranty in the sale of animals

A

60 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How long can the time limit be extended in the contract for the validation of rights warranty (term of preclusion) in the sale of animals?

A

1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Time limit for the validation of rights of torts

A

5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Burden of proof of injured party in case of general liability for damages

A

Connection between illegal action & damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Which are the written rules of the veterinary profession

A

Instructions for the use of pharmaceuticals & vaccines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who is liable if the employed veterinarian causes damage to the animal keeper (i.e. who will compensate the owner)?

A

Always the employer (the employer is liable if damages are caused by an employee towards a third party)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which criminal offence can be committed negligently?

A

a. Malpractice
b. Giving a false witness testimony
c. Giving a false expert opinion
d. All of the above(RIGHT)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Refusal to treat is optional if:

A

● The owner fails to follow instructions
● Risks outweigh benefits; expectation of results etc.
● Safety considerations (e.g. treatment is considered unsafe either to the animal or the veterinarian)
● Previous lack of payment
● Threats are made to the veterinarian
● Emergency cases (limitations of emergency treatment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Refusal to treat is obligatory if:

A

● Such treatment is against the law
● Euthanasia/irreversible changes – Ownership is questionable
● The treatment is for hereditary diseases in breeding animals without the neutering of this animal
● The veterinarian lacks competence, practice, experience or the correct equipment
● There is no scientific basis for the treatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define ‘defective performance’

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define ‘misuse of poisons’

A

Any person who – without proper authorisation – prepares, possesses 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 misdemeanour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Burden of proof (exclusion) of person causing damage (tortfeasor) in case of general liability for damages

A

His action was not illegal or negligent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Burden of proof:

A 
● Injured party
o Damage or connection
● Person causing the damage (tortneasor)
o His action was not illegal
o His action was not negligent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Which one is an unwritten (ethical) limit of the veterinary profession?

A

Use of non-conventional therapy without a scientific basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

In which case was the veterinarian’s action not illegal?

A

Action without informed consent in the case of first aid treatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What should be proven by the buyer in case of defective performance?

A

a. Presence of a defect
b. Significance of the defect
c. Origin of the defect
d. All of the above(RIGHT)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Which criminal offence can be committed negligently

A

Perjury (e.g. false opinion as an expert witness, false translation/interpretation etc.)

21
Q

Definition of warranty

A

Objective consequence of the defective performance (without justification)

On a legal basis – The obliger (seller) is obliged to compensate regardless of whether his/her behaviour was intentional, negligent or he/she acted in good faith

(A warranty is a guarantee made between two parties to provide assurance to one party from the other that facts/conditions are true or will happen & allows for a legal remedy if this promise is untrue or is not followed)

22
Q

Definition of lack of conformity

A

Consumer goods must be in conformity with the contract of sale, at the moment of delivery:
● They comply with the description given by the seller
● They are fit for purpose for which goods of that type are normally used
● They are fit for any particular purpose which the consumer requires them & which was made known to the seller at the time of conclusion of the contract, and accepted by the seller
● Their quality & performance are satisfactory, given the nature of the goods & taking into account the public statements made about them by the seller

(So basically, a lack of conformity means the goods do not meet their description, are unfit for purpose or their quality/performance are unsatisfactory according to the nature of the goods or their description by the seller)

23
Q

What warranty rights does the buyer have

A

Repair (treatment) or replacement
Decrease of price
Rescission (termination of contract)

Or the buyer may transfer to another type of warranty if the damage is greater than the compensation that can be made

24
Q

Burden of proof (exclusion) of a person causing the damage (tortfeasor) in case of general liability for damages

A

His action was not illegal or negligent

25
Q

Which criminal offence cannot be committed negligently?

A

Cruelty to animals

26
Q

Who is responsible if, 2 years after the sale, a latent, significant hereditary disease is diagnosed in a breeding horse

A

The seller is liable for the damages caused by the breach of contract

27
Q

Can the warranty be excluded in case of a sale of a dangerous (aggressive) dog?

A

The exclusion is not valid

28
Q

The seller is liable for the damages caused by the breach of contract if

A

The performance was defective

29
Q

What should be done if a dog dies during a surgical intervention?

A

The carcass should be sent for examination by an independent veterinary institute

30
Q

General/subjective liability

A

Anyone who causes damage illegally must compensate him/her, unless he/she can prove that he/she acted as a reasonable or prudent person would have acted in the given situation

31
Q

Defective/imperfect performance

A

The goods (e.g. animal) or service does not comply with the legal characteristics or with the characteristics stipulated in the contract & the defect existed a the time of deliver

32
Q

During sales-contract of animals, what is the deadline for the
assertion of warranty rights?

A

Usually 1 year

33
Q

Which is not true about a warranty?

A

It is a commitment in contract which is onerous or voluntary

34
Q

In case of compensation responsibility, what is the deadline for the
validation of rights?

A

Usually 5 years

35
Q

When suing for damages, the aggrieved party must prove:

A

Correspondence between the tortuous behaviour and damage

36
Q

Evidences of criminal procedures

A

 Means of evidence shall be the testimony of the
witness, the expert opinion, physical evidence,
documents and the pleadings of the defendant.
 Evidence shall be traced, gathered, secured and
used in compliance with the law.
 In the course of criminal proceedings, all means of
evidence and all evidentiary procedures may be
used without restriction. However, the use of certain
means of evidence may also be statutory

37
Q

exclusion of strict liability

A 
 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
38
Q

liability of administrative authorities

A

 Liability for damages caused within the scope of administrative jurisdiction shall be established only if the damage results from actions or omissions in the exercise of public authority, and if the damage cannot be abated by common remedies or in proceedings for the judicial review of an administrative decision.
 Liability lies with the legal person exercising public authority or with the administrative body having legal personality, on whose behalf the relevant administrative body operates.

39
Q

responsibility of public prosecutors office

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

40
Q

Structure of courts

A

Structure:
 district courts (court of first instance)
 county courts (court of first instance or appeal)
 high courts of appeal
 Supreme Court (second appeal, harmonised decisions)

41
Q

when is warranty not valid

A

 The obligee’s right to warranty shall lapse after one year from the delivery date.
 In connection with contracts that involve a consumer and a business party, the obligee’s right to warranty shall lapse after two years from the delivery date. If the things supplied under a contract that involve a consumer and a business party are second-hand, the parties may agree on a shorter limitation period, however, the limitation period may not be less than one year in this case either.

 As regards any part of the thing that has been repaired or replaced, the limitation period for the right to warranty shall recommence.
Obligor’s claim of enrichment
 In the event of replacement or withdrawal, the obligee shall not be liable to compensate for the loss in value if it has occurred in consequence of proper use.

42
Q

Definition of liability of damages

A

.

43
Q

Witnessnes may refuse to give testimony

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.

44
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
 Obligor’s delay
 Obligee’s delay (late acceptance)
 Impossibility of performance
 Withholding performance (refuse to
perform)
 Defective performance (lack of
conformity)
45
Q

employee damages liability

A

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

46
Q

who may refuse to do testimony

A

 a) by any close relative of the parties;
 b) any person whose testimony would implicate himself or his
close relative referred to in in the commission of crime, to the
extent covered by that subject;
 c) 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;
 d) persons bound to keep business secrets in respect of the
subjects if their testimony would entail their having to breach
the obligation of confidentiality.

47
Q

Liability of actions of agents

A

 If an agent causes damage to a third party in connection with his assignment, liability in relation to the injured person lies with the principal and the agent jointly and severally. The principal shall be relieved of liability if he is able to prove that he has not acted wrongfully in terms of choosing, instructing, and supervising his agent.

48
Q

Damages (ie material damages etc…list them)

A

.

Forensic Veterinary Medicine (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions