4899992
Description
Flashcards by Florence Edwards, updated more than 1 year ago
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Created by Florence Edwards
about 8 years ago
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| Question | Answer |
| Define law | A rule established in the community by authority or custom |
| Define legislation | Law making and the body of law |
| Define statute | A specific law passed by a legislative body |
| Define offence | An act contrary to the law |
| Define defendant | A person accused of an offence in a court of law |
| Define claimant/ complainant/ plaintiff | A person or body bringing action in a court of law |
| What is meant by the 'burden of proof'? | Whether verdict is decided based on balance of probability or 'beyond reasonable doubt' |
| Who is responsible for animal welfare at markets? | Welfare in transport responsibility of transporter e.g. illegal to transport sick animals Welfare of animals responsibility of farmer Conditions in market responsibility of market owner |
| Why is there little incentive for farmers to stop transporting sick animals? | Financial gain for transporting animal to slaughterhouse but costly to treat or shoot and dispose of on farm |
| What is a prescriptive law? | States what must be provided, for example The Laying Hens EU Directive |
| What is a prohibitive law? | States what cannot be done, for example The Animal Welfare Act |
| What is a cost/benefit law? | Assesses whether reasonably expected benefit is justified by the harm caused, for example The Animals Scientific Procedures Act 1986 |
| Give an example of an exception to The Laying Hens EU Directive | Does not apply to establishments with fewer than 350 laying hens |
| Give an example of an exception to The Animal Welfare Act 1966 (USA) | Does not apply to farmed animals |
| Give an example of an exception to The Agriculture (Miscellaneous Provisions) Act | Applies only to farmed livestock on agricultural land |
| Which legislation protects working dogs on farms? | The Agriculture (Miscellaneous Provisions) Act |
| Give 5 guidelines for the transport of animals with hernias | Skin surface must not be broken Animal must be able to walk Animal must not be pyrexic Animal must be eating Size guidelines often provided by slaughterhouse above which they will not be accepted |
| How is the offence tested for the Wild Mammals Protection Act? | In terms of intention of defendant - must have intended to inflict suffering |
| What are the 3 legal tests for The Protection of Animals Act 1911? | Did suffering occur? Was the suffering necessary? Would a reasonably competent, reasonably compassionate person of similar status have taken the same action? |
| Can prolapsed cows be transported? | No |
| Can cows with a uterus swollen due to accumulation of amniotic fluid be transported? | No |
| What are 2 prohibitions in The Welfare of Animals Transport Order? | Offence to transport an animal which is: Likely to give birth during transport Has given birth within the last 48 hours |
| Give an example of where the law can change very rapidly | Disease outbreak e.g. Foot and Mouth Disease Order |
| Are guidance documents and Codes of Practice legally enforced? | No - may be used in interpretation of law but failure to comply does not constitute an offence |
| What are the recommended DEFRA stocking densities for broiler chickens? | 34 kg per square metre |
| What is the stocking density required for broiler chickens to be free range marketed? | 30 kg per square metre |
| Which animals are included by the Welfare of Farmed Animals (England) Regulations? | Any animal, including fish, reptiles and amphibians bred or kept for production or other farming purposes |
| Why can effectiveness of legislation be limited? | Responsibility for enforcement often spread between government departments, reducing coordination |
| What is meant by power of seizure? | Defendants keep ownership of animal during proceedings |
| What is meant by prohibition of ownership? | Convicted party permitted to retain animals |
| What is meant by prohibition of care? | Ownership of animal may be transferred but care is still by convicted party |
| Give 5 possible penalties for breaching animal welfare law | Monetary fine Imprisonment Prohibition of ownership Prohibition of care Prohibition of production |
| Why can monetary fines be disadvantageous in promoting animal welfare? | Result in difficulty affording care of animals |
| Who can slaughter an animal according to the Welfare of Animals (Slaughter or Killing) Regulations | Any person may kill a farmed animal if, for emergency reasons relating to the welfare of the animal, he/she has to kill that animal immediately |
| Give 4 reasons why animal welfare legislation may be poorly enforced | Limited resources Variable enforcement Enforcement body shares interests with those policed Authority has only limited power to stop, search, seize and detain |
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