481660 - Law and Veterinary Medicine First Hour: Wildlife...

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Law and Veterinary Medicine First Hour: Wildlife and Law December 4, 2006 Paul Waldau, D.Phil, J.D.
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Business ± Exam guidelines to be posted this afternoon … discussion at the beginning of the second hour ± Recent meeting of course directors …
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Last minutes paper ± Minutes Papers on Malpractice—OK ± How I grade—“normally” is OK as a substitution in “A veterinarian must exercise the care and diligence ordinarily exercised by skilled veterinarians
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More review: Contracts v. Torts ± The division is simple – no need for great lengths if I ask this question on the exam ± Note that both contracts and torts involve duty … ± … in the voluntary situation (contracts), the duties are called out by the contract and are entered into by conscious choice. ± … in the social regulation situation (torts), the duties are spelled out by the government somehow. Everyone in the society has these duties.
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More review: Civil v. Criminal ± When you go into a courthouse, there appears to be only one court system ± But if you sit through a number of sessions, you’ll see two styles of cases ± In the criminal cases , the government is chasing someone ± The person being chased by the government is often in custody during the trial
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More review: Civil v. Criminal ± The government’s attorney (the “district attorney” or “the prosecuting attorney”) stands up first ± The government has to “carry the burden” – must prove its case “beyond a reasonable doubt” ± If the criminal defendant loses, maybe jail or a fine
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More review: Civil v. Criminal ± In civil cases , the dispute is between two parties (usually individuals or companies) ± Each side has the same kind of attorneys (regular, non-governmental attorneys) ± “Discovery” (interrogatories, depositions, etc.) goes forward before the trial and is conducted by the parties themselves ± The plaintiff goes first, and has “the burden of proof” – must prove his/her case by “a preponderance of the evidence”
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More review: Civil v. Criminal ± > 50% ± 50% ± The defendant gets a chance to reply ± Judge or jury decides if the plaintiff produced “a preponderance of evidence” ± If the defendant loses here, usually has to pay money to the plaintiff
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Change of pace ± With the next 4 hours of the course, we change pace in two ways … ± … we look at general subject areas rather than specific rules, procedures … ± Wildlife ± Research animals ± Farmed animals ± Companion animals
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Change of pace ± We are assessing two things … ± … some specifics in each area that might apply to you as an active veterinarian, and ± … some of the “hot topics” in each area of “animal law” that will possibly be the subject of questions you’ll be asked
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Wildlife and the law ± How many have worked in any way with wildlife? ± How many plan to work with full-time with
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This note was uploaded on 03/03/2012 for the course LAW 218 taught by Professor Waldau during the Fall '06 term at Tufts.

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481660 - Law and Veterinary Medicine First Hour: Wildlife...

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