Veterinary Ethics and Legal Issues

Question 1

1. Define civil law.

Answer 1

1. Civil law is the division of law that covers tort and contract law, and relates to the duties between government and people.

Question 2

2. Define contract law.

Answer 2

2. Contract law works with duties established by individuals as a result of contractual agreements.

Question 3

3. Define negligence.

Answer 3

3. Negligence is the performance of an act that another person under the same circumstances would not perform.

Question 4

4. Define malpractice.

Answer 4

4. Malpractice refers to any misconduct, illegal or immoral, that result in damage or injury to a person or animal.

Question 5

5. Why are ethics important to the veterinary profession?

Answer 5

5. Ethics are important to hold each member of an organization to a higher standard and determine right from wrong.

Question 6

6. Why is an informed consent imperative?

Answer 6

6. An informed consent ensures the client has a complete understanding of the procedures involved, including risks, benefits, and alternative procedures.

Question 7

7. Why would a consent form NOT be upheld in court?

Answer 7

7. A consent form may not be held up in court if an individual under the age of 16 years signed the form, was under the influence of drugs or alcohol, or is mentally unstable.

Question 8

8. What branch of law does animal abuse fall under?

Answer 8

8. Animal abuse falls under criminal law and is prosecuted by the attorney general or district attorney’s office.

Question 9

9. What is PLIT? Whom does it cover?

Answer 9

9. PLIT is Professional Liability Insurance Trust that covers veterinarians (and the staff members) involved in the veterinary practice.

Question 10

10. Why is medical record legibility important?

Answer 10

10. Medical records must be legible if the record is ever taken to court. The judge must be able to read and understand the record, or the court may come to the conclusion that the event did not happen (as it can be extrapolated from the record)

Question 11

11. Which association created the Principles of Veterinary Medical Ethics?

a. AVMA
b. NAVTA
c. VHMA
d. PLIT

Answer 11

11. a. AVMA

Question 12

12. What does the acronym VCPR stand for?
    a. Veterinary-client public records
    b. Veterinarian-client-patient relationship
    c. Veterinary cardiac pulmonary resuscitation
    d. Veterinary conduct and professional responsibilities

Answer 12

12. b. Veterinarian-client-patient relationship

Question 13

13. Which of the following is considered a branch of veterinary ethics?
    a. Normative
    b. Descriptive
    c. Administrative
    d. Official
    e. All of the above

Answer 13

13. e. All of the above

Question 14

14. What are the two categories of law?
    a. Civil and federal
    b. Criminal and common
    c. Criminal and civil
    d. Federal and criminal

Answer 14

14. c. Criminal and civil

Question 15

15. What is the correct definition of an intentional tort? a. An intentional action that has taken place in which harm has occurred to another member of society
    b. Crimes committed against the public as a whole
    c. A civil offense to an opposing party in which harm has occurred
    d. An injury occurring to a member of society as a result of negligence

Answer 15

15. a. An intentional action that has taken place in which harm has occurred to another member of society

Question 16

Administrative ethics definition?

Answer 16

Administrative ethics Involves the action by administrative government bodies that regulate veterinary practice and activities in which veterinarians engage. The practice act, often modeled after AVMA guidelines is an example.

Question 17

Definition of civil law?

Answer 17

Relates to the duties between people and the government. Ex. contract dispute between vet and employee

Question 18

What is a Code of ethics?

Answer 18

Set of principles Developed to guide members of the veterinary profession to achieve high levels of behavior through moral consciousness, decision making, and practice.

Question 19

What is contract law?

Answer 19

Contract law Deals with duties established by individuals as a result of contractual agreement.

Question 20

What is criminal law?

Answer 20

Criminal law Prosecutes crimes committed against the public as a whole. Most criminal laws focus on acts that injure people or pets.

Question 21

Prendergast definition of informed consent

Answer 21

Informed consent A person’s agreement to allow something to happen, such as a medical treatment or surgery that is based on full disclosure of the facts necessary to make an intelligent decision.

Question 22

Prendergast definition of Malpractice

Answer 22

Malpractice - A limiting term specifically describing a professional’s failure to practice the quality of medicine set by similarly situated veterinarians in a given geographic area, if the accused is a general practitioner.

Question 23

Prendergast definition of Normative ethics

Answer 23

Normative ethics Refers to the search for correct principles of good and bad, right and wrong, justice or injustice. Typically done on an individual basis and perceived somewhat uniquely by each practice professional.

Question 24

What is the difference between ethics and law?

Answer 24

Enforcement, the government enforces laws and a professional association enforces ethics

Question 25

Prendergast definition of a tort?

Answer 25

Tort A civil offense to an opposing party in which harm has occurred.

Question 26

What are the four branches of veterinary ethics?

Answer 26

Veterinary ethics Four branches of veterinary ethics exist: descriptive, official, administrative, and normative ethics.

Question 27

What is the Veterinary Practice Act?

Answer 27

Veterinary Practice Act Law established within each state outlining veterinary medicine.

Question 28

Civil law can be broken down into what two areas?

Answer 28

Contract and tort law

Question 29

Difference between intentional and unintentional torts

Answer 29

Intentional tort (injures member of society and can now sue for damages) include assault and unintentional includes not following the standard of care in an area

Question 30

Definition of contract law

Answer 30

deals with the duties established by entering into a contract

Question 31

What is a contract?

Answer 31

agreement entered into by two parties to either do or refrain to do something

Question 32

Definition of negligence?

Answer 32

performance of an act that another reasonable person in the same circumstance would not perform

Question 33

Elements of consent?

Answer 33

Given freely, by a client that is the age of majority, treatment and diagnosis in simple terms that can be understood, risks, benefits and prognosis as well as possible outcomes if no measures are taken are discussed and alternative treatments with risk benefits and prognosis of each, client has had opportunity to ask and have answered their questions

Question 34

How do you prove informed consent?

Answer 34

Document risks in writing and a discussion and get a signature ideally each element is initialed or signed so that a court can see that each topic was fully discussed

Question 35

What is standard of care?

Answer 35

level of care that another practitioner in the area would render and since there are specialists everywhere if a case or condition exceeds that practitioners ability to address then referral is expected (document) and never hold yourself out as a specialist in any area unless you have specific credentials to support this and are willing to be held to the highest standard in the area

Question 36

What is a law?

Answer 36

binding rule of conduct or action prescribed or recognized as binding and enforced by a controlling authority ex. cannot send out legend drugs with a patient without an appropriate prescription label

Question 37

What is the veterinarians legal duty when an emergency is taken in by a good Samaritan?

Answer 37

No law states that a vet has to treat. Duty is only initiated when a client, patient relationship is developed.

Question 38

Four elements of malpractice that must be proved up in court to prevail and allow damages?

Answer 38

Establish valid client patient relationship, breach of duty, (lapse in standard of care), proximate cause (this lapse caused harm - connection between the negligent act and an injury or harm- damages incurred (loss of for example, reproductive ability or performance capability)

Question 39

1. According to the AVMA Principles of Veterinary Medical Ethics, which of the following is true regarding the provision of emergency medical care to a patient?
   A. A veterinarian need only provide euthanasia in an emergency situation where the pet owners cannot pursue further treatment.
   B. If the pet owners reject euthanasia, the veterinarian has no obligation to stabilize the patient for transportation to another veterinary hospital.
   C. A veterinarian who is not qualified to treat or manage a certain emergency should refer their client to other veterinarians who can provide appropriate emergency services.
   D. When a veterinarian is not able to provide services, they have no obligation to see that care is available elsewhere in the locality.

Answer 39

Correct Answer: c.
Explanation: Contracts, Benefits and Practice Management, page 384. In an emergency when a client rejects euthanasia, the veterinarian has an ethical responsibility to stabilize the patient sufficiently to enable transportation to another veterinary hospital for definitive care. When a veterinarian cannot be available to provide services, they should arrange with their colleagues to assure that emergency services are available, consistent with the needs of the locality. A referral should be given if the veterinarian is not qualified to treat or manage an emergency.

Question 40

According to the AVMA Principles of Veterinary Medical Ethics, which of the following is true of the VCPR?
A. Once established, the veterinarian should remain readily available for follow-up or arrange for emergency coverage.
B. The veterinarian is obligated to dispense necessary prescriptions, but does not have to honor a client’s request for a written prescription.
C. The veterinarian cannot terminate this relationship at any time.
D. The veterinarian can terminate the relationship even during ongoing medical treatment, as long as there are other veterinarians in the area that can treat the patient.

Answer 40

a.
Explanation: Contracts, Benefits and Practice Management, pages 385-386. With an established VCPR, a client’s request for a written prescription should be honored, and the veterinarian should be available for follow-up or arrange for emergency coverage. The veterinarian can terminate the VCPR if there is no ongoing medical or surgical condition with the patient. During ongoing medical treatment, the patient can be referred to another veterinarian as long as they are provided with continued care during the transition.

Question 41

According to the AVMA Principles of Veterinary Medical Ethics, which of the following is true in regards to attending, consulting, and referring?
A. When a consultation occurs, the attending veterinarian no longer assumes primary responsibility for the case.
B. Consulting veterinarians should not initially communicate their findings and opinions directly to the owner of the patient.
C. If a client seeks a second opinion without an official referral, the former veterinarian has no obligation to communicate with the new attending veterinarian on the pet’s previous medical history.
D. When a referral has been made, and a new VCPR has been established, it is not necessary to obtain the client’s consent to obtain previous medical history on the pet.

Answer 41

b.
Explanation: Contracts, Benefits and Practice Management, pages 386-387. During a consultation, the attending veterinarian retains primary responsibility for the case. The consulting veterinarian should communicate their findings directly to the attending veterinarian, and only to the client in collaboration with the attending veterinarian. When a client self-refers, the former veterinarian should communicate with the new attending veterinarian as if the patient and client had been referred. Client consent is needed before the new attending veterinarian can contact the former veterinarian regarding previous history on the patient.

Question 42

The VHMA Code of Ethics addresses all of the following except

a. continuation of education in management.
b. pursuit of the manager certification examination.
c. confidentiality of business and personal affairs of the member's employer.
d. privacy of information produced inside the practice.

Answer 42

b.
Explanation: VHMA Website at www.vhma.org. Although the VHMA Code of Ethics addresses the continued growth and professional development through continuing education and refinement of management skills, the Code does not specifically address the pursuit of manager certification. It does address the confidentiality of business and personal affairs of the member’s employer, and the privacy of information produced within the practice.

Question 43

Which of the following statements is true regarding employment contracts with associates or staff?

a. Employment contracts are often utilized in veterinary practices for support staff positions.
b. After a candidate is hired, oral agreements during the interview process are not valid.
c. If a written employment contract for a specific employee does not exist, there is no reason for a practice to fear a breach of contract claim.
d. The Sherman Antitrust Act is considered in conjunction with restrictive covenants.

Answer 43

d.
Explanation: Law and Ethics, pages 204-212; Practice Made Perfect, page 33. An employee policy manual may be considered a contractual agreement, even in the absence of a signed employment contract. Many practices do not utilize employment contracts (particularly for support staff), for a variety of reasons. Once a candidate is hired and paid for work performed, it becomes apparent that some sort of contract must have been formed, and oral agreements become valid. The Sherman Antitrust Act comes into consideration when enforcing restrictive or non-compete covenants.

Question 44

Given the following scenarios and staff actions, select the most appropriate scenario when the capacity to make a valid contract for a pet’s medical care might be questioned.
a. An elderly client elects euthanasia for their pet, yet the veterinarian waits until the next day to have time to contact someone else in the family.
b. A minor brings in the family pet for a new patient appointment, but the receptionist does not request proof of age.
c. A couple who both appear to be intoxicated comes in with their pet; expensive medical care is pursued since there were two clients to confirm what was orally agreed upon with the veterinarian.
d, A client who is obviously mentally disabled signs an estimate for emergency surgery and the veterinarian moves immediately forward with the procedure.

Answer 44

a.
Explanation: Contract, Benefits and Practice Management, pages 51-53. When an elderly client who appears to be senile arrives requesting euthanasia, it is prudent to seek communication with another family member even if that means waiting until the next day. It is advisable to request proof of age if a client appears to be a minor, and seek communication with a parent or guardian if minority is confirmed. With clients who appear to be under the influence of a substance or mentally disabled, care should be taken when entering into expensive or extensive medical treatment because the contract can be avoided or disaffirmed by the client at a later date. It can be argued that the person could not understand the nature and consequences of the contract at the time it was entered into.

Question 45

Keeping in mind the Law of Agency

a. an out of town owner is not obligated to pay for services rendered if the contracted pet sitter must take a pet in for emergency treatment.
b. the veterinarian cannot bill the owner unless a written contract exists between the pet owner and the person bringing the pet in to the practice.
c. it is important to document phone conversations in the patient's medical record, but it is not necessary to document attempts to reach the owner or verbal messages left by the practice.
d. in an emergency, it is advisable to provide stabilizing care first and then call for verification of the agency relationship.

Answer 45

d.
Explanation: Contract, Benefits and Practice Management, pages 58-60. When an agency relationship exists, such as with a contracted pet sitter, the agent or pet sitter has the power to consent to treatment and bind the owners to payment for services rendered, even when they are out of town and unaware of the emergency need for services. In the absence of a written agency contract, an agency relationship can still be implied by the information provided by or the actions of the parties, so the owner can still receive the bill from the practice. All communication should be documented, including attempts to reach the owner or message left by the practice. When the life of the patient is on the line, however, the patient should be stabilized before spending time to verify the agency relationship.

Question 46

Personnel files are confidential, but in general and in most states, what is true of access to an employee’s personnel file?
A. Employees may have access to their file, and have a right to copies of everything in their file.
B. The employer controls the amount of time and location in which an employee can review their file.
C. An employee’s immediate supervisor may have access to all documents in the employee’s file at any time.
D. Personnel files are considered the property of the employee, even when in the possession of an employer

Answer 46

Correct Answer: b.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 386. Most states grant an employee access to their personnel file, but they are not automatically guaranteed the right to have copies of everything in the file. An employee’s immediate supervisor may be granted access on a “need-to-know” basis for making employment-related decisions, but should not have access to employee information that is not job related. Personnel files are the property of the employer, and the employer can control the amount of time and location in which an employee can review their file

Question 47

All of the following are examples of implied contracts, except
A. a distraught client brings a pet into an emergency clinic after being hit by a car and allows the pet to be rushed to the back for assessment.
B. an existing client brings in their pet for a drop-off appointment to be examined.
C. the veterinarian discusses the treatment plan with an owner who then leaves the pet at the clinic for the remainder of the day.
D. a farmer requested the veterinarian to come see a sick animal, but the farmer was called away before the veterinarian arrived.

Answer 47

Correct Answer: c.
Explanation: Law and Ethics, page 295. In some situations, the courts can hold that a contract was implied by the actions of the parties. The arrival and subsequent handing over of a patient in crisis would indicate that the owner is accepting the treatment provided. The same holds for a drop-off appointment, where the client willingly brought in the pet for care but then left the pet at the facility. The farmer has invited the veterinarian to visit the sick animal, even if the farmer could not stay for the visit. The example of the client who approves a verbal treatment plan and then leaves the pet for care is not an example of an implied contract, because it is instead an ORAL contract, which is completely enforceable as well.

Question 48

In regards to confidentiality in the practice and management of veterinary medicine

a. the Ethics of the AVMA states that a doctor of veterinary medicine should protect the personal privacy of clients, but does not address the obligation of the veterinarian's associates or staff to do the same.
b. a client’s consent to release patient information is not consent to release financial information on the client. 
c. courts have repeatedly extended physician-patient privilege statutes to veterinarian.
d. client consent is always necessary to release copies of a patient's medical record to a requesting governmental agency.

Answer 48

b.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 400. The AVMA Ethics require the veterinarian and their associates or staff to protect the personal privacy of clients. Courts have repeatedly refused to extend physician-patient privilege statutes to veterinarians, and only a few states in fact have a veterinarian-client statute. A veterinarian served with a criminal case or governmental investigatory subpoena or order might not be allowed to tell his or her client, or obtain client consent. A client who is consenting to the release of patient information is not consenting to release their financial information.

Question 49

All of the following are branches of veterinary ethics except

Results:
A. Descriptive veterinary ethics.
B. Official veterinary ethics.
C. Practical veterinary ethics.
D. Normative veterinary ethics.

Answer 49

C. (Contracts and Benefits, pages 5-6) - Rather than ‘practical’ veterinary ethics, the fourth branch is Administrative veterinary ethics. (There are times when ethical actions are not practical, lol.) We will explore each one of these briefly.

Question 50

It would be impossible for a veterinary professional to recover damages if they are bitten by a patient, because they assume this risk when they enter this field.

Results:
A. True
B. False

Answer 50

The answer could be False. (Law and Ethics, page 81) - Although this is a generalized statement, a veterinary employee could possibly recover damages if they can prove that this animal has bitten before, and they did not receive prior warning from the owner.

Question 51

According to the Principles, veterinarians should primarily consider the needs of the patient. This includes

Results:
A. Relieving disease.
B. Relieving suffering and disability.
C. Minimizing pain and fear.
D. All of the above

Answer 51

The answer is D, all of the above. (Contracts and Benefits, page 384)

Question 52

According to the Principles, which of the following is true of the ethical responsibility to assist a patient in a life-threatening emergency?

Results:
A. It can include euthanasia to relieve suffering.
B. If the client rejects euthanasia, there is no ethical obligation to provide further care.
C. If a veterinarian is not available to give emergency care to his or her patients, there is no obligation to ensure there are other resources in the community.
D. The veterinarian has no ethical obligation to refer the patient to another veterinarian even if they are not qualified to manage and treat the emergency.

Answer 52

The answer is A. (Contracts and Benefits, page 384)

Question 53

VCPR is an acronym meaning

Results:
A. Veterinary Client Provision Responsibility.
B. Veterinarian-Client-Patient Responsibility.
C. Veterinarian-Client-Patient Relationship.
D. Veterinarian-Client-Pet Relationship.

Answer 53

The answer is C. (Contracts and Benefits, page 385) - The VCPR is the veterinarian-client-patient relationship

Question 54

According to the Principles, when can the VCPR be terminated?

Results:
A. The client may terminate the VCPR only after their bill has been paid in full.
B. The veterinarian may terminate the VCPR at any time as long as there is no ongoing medical condition.
C. The veterinarian may terminate the VCPR even if the patient is receiving ongoing treatment.
D. The client may terminate the VCPR only after a referral has been obtained if the patient is receiving ongoing medical care.

Answer 54

B. (Contracts and Benefits, page 386) - The client can end the VCPR at any time, whether or not they owe your practice money. You probably knew that one, unfortunately. If the patient is not receiving medical care, the veterinarian may also terminate the VCPR at any time, AND they have an obligation to use courtesy and tact when notifying the client that they no longer wish to serve the family.

However, if there is an ongoing medical or surgical condition, the veterinarian is obligated to refer the patient to another veterinarian, AND provide care during this transition. This is important to realize in everyday practice. I have known veterinarians to call their state veterinary medical association for advice on a specific case when the practice is contemplating terminating the VCPR, just to be sure that the patient is not considered to be receiving ‘ongoing’ care. It can be trickier than it appears, especially with chronic illnesses.

Question 55

Fee Splitting is charging separately for different portions of a procedure, for example breaking down a surgical procedure to separate invoice items including monitoring, anesthesia, supplies, etc.

Results:
A. True
B. False

Answer 55

The answer is False. (Contracts and Benefits, page 389) - Certainly you can break down a procedure, and likely you should to be tracking expenses and services in this manner. What is Fee Splitting then? It applies to consultations or referrals. This is when veterinarians enter into a financial arrangement where the referral veterinarian may give back a portion of the client’s payment to the referring veterinarian in gratitude for sending the patient to the practice. In some worlds this is known as ‘kick backs’. This is prohibited by the AVMA ethics. It is also unethical for a group of veterinarians to take any action which causes prices to be fixed or results in a agreed upon fee schedule.

Question 56

A contract is created when all of the following elements can be proved except

Results:
A. The offer.
B. A liability disclaimer.
C. An acceptance.
D. A meeting of the minds.

Answer 56

The answer is B. (Contracts and Benefits, page 42) Traditional contract law consisted of five elements, but today only three are necessary: the offer, an acceptance, and a meeting of the minds. Two of the previous elements are now integrated into this trio, so only these three need to be proved.

Question 57

The capacity of a person to enter in to a valid contract can be questioned in all of the following circumstances except when the person is

Results:
A. A minor (the age of minority is determined by the state).
B. Senile.
C. Intoxicated or affected by drugs.
D. All of the above

Answer 57

The answer is D. (Contracts and Benefits, pages 51-53) Capacity can be questioned in situations of minority, mental disability including senility, intoxication, or being “on drugs”. Does this mean that this type of client cannot enter into a contract? No. It means that the client could avoid or disaffirm the contract made while they are in these conditions. In other words, they may be able to invalidate their contract based on one of these reasons. Therefore it is prudent for the practice team to recognize these situations and be certain that the ‘meeting of the minds’ is as clear as possible.

Question 58

The Law of Agency refers to

Results:
A. Working through a recruiting agency representative when forming employment contracts.
B. Contracts regarding care of a patient who has high monetary value, such as a race horse or show dog.
C. Situations when the owners have given someone else the authority to act on their behalf of the pet.
D. Circumstances of neglect or abuse where the veterinarian is acting on behalf of the welfare of the patient.

Answer 58

The answer is C. (Contracts and Benefits, pages 58-60) The law of agency comes in to play multiple times a week in most practices, when pets are brought in by the daughter, the estranged husband, the helpful neighbor, the dog sitter, or even another veterinary clinic. More often than not, there is no written agreement signed by the owner giving this person authority to make decisions on behalf of their pet. So agency is implied based on statements by and actions of the person with the pet. If possible, this agency should be verified with the owner of the pet.

Question 59

According to the Principles, when can veterinarians reveal confidences?

Results:
A. When required by law
B. To protect the health and welfare of other individuals
C. To protect the health and welfare of other animals
D. All of the above

Answer 59

The answer is D. (Contracts and Benefits, page 385) You may recall when we discussed the veterinarian’s ‘motto’ that we said the welfare of the client and the safety of the public must be taken into consideration

Question 60

Ordinary facts (not related to professional veterinary services) can be released without owner consent. These include all of the following except

Results:
A. Name and age.
B. Vaccination history and medications dispensed.
C. Breed, species, and sex.
D. patient history

Answer 60

The answer is D. (Law and Ethics, page 345) All of the other data is considered in general to be “ordinary facts”. But the patient history, examination findings, diagnosis and full course of therapy should require owner consent before being released

Question 61

Which of the following options is the correct term for the legal principle by which judges, in court of law, are obliged to respect the legal precedents established by prior decisions? 
A. Moral Standards
B. Stare Decisis
C. Ethics Law
D. Duty to Render

Answer 61

The answer is B (CVPM Practice App #19)
Stare Decisis is the correct term for the legal principle by which judges, in a court of law, are obliged to respect the precedents established by prior decisions. The words originate from the latin phrase Stare Decisis et non quieta movere: “stand by decisions & do not disturb the undisturbed”.

Question 62

What level of emergency care are veterinary practices legally obligated to provide on an injured animal presented to an emergency care facility? 
A. Level 1 Trauma
B. Level 2 Trauma
C. Level 3 Trauma
D. None

Answer 62

The answer is D (CVPM Practice App #21)
Veterinary practices are not legally obligated to provide emergency care on an injured animal in an emergency care facility. The level of care that a veterinary facility chooses to provide is based on moral & ethical obligations.

Question 63

In the practice of veterinary medicine, which states have passed legislation addressing the issue of allowing veterinarians to euthanize a perfectly healthy animal upon client request?
A. All 50 states
B. Florida, Maine, Georgia, Alabama, & California
C. Maine, Alabama, South Carolina, Virginia
D. Florida & California

Answer 63

The answer is A (CVPM Practice App #22)
All 50 states have passed legislation addressing the issue of allowing veterinarians to euthanize a perfectly healthy animal upon client request. The act of euthanizing a perfectly health animally may seem morally wrong, but animals are classified as property in all 50 states.

Question 64

What is Wilson’s definition of a tort law?

Answer 64

involves duties to other people established by law for example negligence product liability trespass assault…. Tort law pe…rmits people to sue for relief of an injury that occurred as a result of damage inflicted on their bodies their family or their property due to a wrongful act… Generally does not seek to punish but only to obtain monetary compensation… If the act was intentional a curd with malice or involve gross negligence large monetary rewards may be allowed in order to punish the perpetrator financially

Question 65

what is Wilson’s definition of contract law? examples ?

Answer 65

Contract law deals with duties established by individuals as a result of a contractual agreement agency partnership Corporation insurance a failure to respect or fulfill the duties set forth in the contract creates the potential of the law suit for breaching that duty

Question 66

What are the 2 types of courts

Answer 66

Cortana regional jurisdiction and appellate courts… Or court appellate jurisdiction

Question 67

How are case titles named?

Answer 67

Case titles are defined by names of the parties to the lawsuit a small v. stands for versus and Brown v. Board of Education the plaintiffs name the person bringing the lawsuit appears first and the defendants name the person defending the actions appears last

Question 68

In Wilson’s book what is the difference between mediation and arbitration

Answer 68

In mediation a neutral third party in whom both sides have confidence attempt to resolve and negotiate between 2 individuals… in arbitration it is similar to mediation except the findings of the neutral arbitrator are legally binding on the parties

Question 69

What is the UC C

Answer 69

do UCC is a uniform commercial code which was created during the 1960s to make consumer transactions involving the sale of goods consistent across state borders it applies to the sale of goods and protects bars from unfair business practices by requiring that sellers disclose certain relevant information about the goods

Question 70

According to Wilson what types of situations should you worry about a clients ability to enter into a contract or to have a capacity to contract?

Answer 70

According to Wilson elderly or inebriated clients may consent to expensive treatments or euthanasia and then later deny validity of consent because of diminished mental capacity or a state of mind that kept them from fully comprehending the agreement they seemed to be making….. Minors can avoid or disaffirmed any contracts made while they were the age of minority

Question 71

According to Wilson what are the most common types of contracts that must be in writing

Answer 71

Contracts for the sale of real estate, leases for longer than a year, contracts not to be performed within one year and contracts to answer for the debt of another and contracts for the sale of goods over a specified price

Question 72

Under UCC covering the sale of goods valued at more than $500 what are the 2 rules that have to exist in a written agreement

Answer 72

The most common type of contract the veterinarian would deal with that has to be in writing falls under the statute of fraud and a category with special significance to consumers are sales of goods costing more than $500 and the contract has to be signed by the party charge and must specify the quantity of goods sold

Question 73

According to Wilson what are the important ponent of a contract

Answer 73

an offer, an acceptance, and meeting of the minds and consideration…. Well this last one is not necessarily needed it does undergird the fact that a contract exists because you can make a contract where no consideration or exchange of funds occurs…. So some questions will just cite the first 3 as necessary

Question 74

the law of agency suggests that an owner has given someone else a right to act on their behalf…. What good practices does Wilson suggest regarding this…. How does the law of unjust enrichment tie into this

Answer 74

When someone presents an animal for services and declares that they are not their owner but indicates their they are their agent, it is still best to try to get an owners express permission before proceeding… Urgent stabilization is prudent and if there’s no standing written agreement regarding agency you can render emergency care ….you can use the law of unjust enrichment to justify going forward with uncontroversial and very reasonable treatment as appropriate to the value of the animal…. still expect to be paid

Question 75

How does the law of unjust enrichment pertain to vets?

Answer 75

practitioners are called upon repeatedly to render veterinary services without authorization or consent…. the value of the animal the severity of the emergency attempts to reach the owner and defensible and reasonable level of care… All of these will set the veterinarian up for being able to charge for these efforts