Page 210 - Veterinary Toxicology, Basic and Clinical Principles, 3rd Edition

Toxicology and the Law Chapter | 11 177

VetBooks.ir administrative action, civil, or criminal litigation at the authority. Similarly, the federal constitution authorizes
the federal judicial system, which has district courts,
state or federal levels.
courts of appeals, and the U.S. Supreme Court.
In summary, those samples used for the purpose
known at the time of submission to a laboratory can, with Most civil suits that are filed in the United States do
reasonable care, be handled, analyzed, interpreted, and not actually go to trial. A settlement is reached in the vast
stored in a manner consistent with that purpose. Angst majority of such cases. This settlement may be reached
may arise on the part of the animal owner, veterinarian, by the parties on their own, after mediation or arbitration,
laboratory personnel, counsel, and others, in those or even after litigation has begun, but before a judgment
instances where the application of results of testing are is entered.
used in a venue not anticipated at the time of sample col- Mediation and arbitration are two forms of “alternative
lection and analysis, particularly in those laboratories not dispute resolution” (ADR). An outcome reached after
accustomed to litigation work. This angst may rise when ADR may, or may not, be disputed later “in court”
the documentation of laboratory results is found to not be depending on the final agreement of the parties in the
sufficiently authentic or reliable to support a “legal” case. ADR process. Judges often encourage ADR even when
The importance of authenticity and reliability are dis- civil litigation is filed. Authority may be given by con-
cussed in the evidence section below, immediately after a tract. Disputing parties may have agreed to not litigate at
brief discussion of jurisdiction and standard of “proof.” all but rather to use ADR. ADR is increasingly used to
settle disputes between companies because it can be faster
and cheaper than litigation, and because both parties have
JURISDICTION: WHAT ARE THE RULES more control over the outcome of the dispute. Two parties
AND WHO DECIDES THE WINNER ? who agree to submit themselves to ADR must grant
authority to the mediator or arbitrator at the outset of the
The parties have met, discussed, and agreed to disagree deliberation by way of contract. This authority prevails
on reaching a settlement 12 on the feed claim so they for as long as the contract between the parties is in force.
decide to take the case “to court.” The owner of the ani- Authority over citizens already exists for government. 16
mals will normally be the plaintiff, 13 and the distributor Parties with an ongoing relationship may have made a
of the feed will normally be the defendant, 14 in this dis- contractual agreement to argue any disputes that arise
pute. The manufacturer of the premix may also be named under that contract according to the laws of a particular
as a defendant. The animal owner may be a natural person state. For example, the manufacturer of the feed additive
or may have formed a legal entity 15 for example a family and the manufacturer of the final feed may have agreed to
farm corporation. The feed manufacturer and premix argue any dispute they may have under that contract
manufacturer may be businesses organized as sole pro- according to the laws of X. One reason for this may be
prietorships, partnerships, corporations, or other legal that both parties agree that the cost of arguing jurisdiction
entities. for a distributor with outlets in many states, and a manu-
A question arises as to “which court” will decide the facturer with plants in many states, is not in the economic
dispute. The state and federal governments already have best interest of either company.
authority to rule on disputes between citizens. This The parties will need to decide on the state in which
authority ultimately arises from their respective constitu- the dispute—lawsuit—will be litigated if they have not
tions. State constitutions most commonly delegate author- already made this decision by prior contract. Individuals,
ity to the state judicial system to enforce the laws passed and particularly companies, may be citizens of more than
by the state legislature. Many state judicial systems have one jurisdiction. Consequently, parties may need to decide
a three tiered structure composed of district courts, courts which judicial system they choose to “sue” the case in.
of appeals, and a supreme court, each with increasing This decision may influence the outcome of the dispute
because of differences in laws on a particular issue
12. Settlement. Payment or satisfaction. In legal parlance, implies meet- between states. Similarly, federal law on a particular point
ing of the minds or parties to transaction or controversy, an adjustment may be different than that of state law on arguably the
of differences or accounts, a coming to an agreement.
same point, so one party may prefer to argue in federal
13. Plaintiff. A person who brings an action; the party who complains or
court and the other in state court. The choice of venue
sues in a civil action and is so named on the record. A person who seeks
may then become a significant part of the dispute that
remedial relief.
must be decided before the merits of the case can be
14. Defendant. The person defending or denying; the party against
whom relief or recovery is sought in an action or suit to the accused in a
criminal case.
15. Entity. A real being. An organization or being that possesses separate
existence for tax purposes. 16. See the jurisdiction discussion below.