Page 211 - Veterinary Toxicology, Basic and Clinical Principles, 3rd Edition

178 SECTION | I General

VetBooks.ir argued. This jurisdictional decision may be made by the burden of persuasion in a legal setting. 17,18,19 The burden
of persuasion is colloquially referred to as a “burden of
judge in the venue where the case was originally filed.
proof”—a phrase toxicologists may find familiar. This
Each state has rules governing the procedures to be
followed in conducting a civil trial and procedures to be burden of persuasion is different in civil cases than it is in
followed in conducting a criminal trial. Although these criminal cases. Both legal burdens may be different than
procedural rules may have many similarities between that of a routine medical diagnosis. The level of medical
states, they may not be uniform across all states. The fed- certainty needed to treat is often illustrated by quoting the
eral rules are more consistent nationwide. Hippocratic Oath “first do no harm.” The degree of medi-
The federal judicial system also has rules governing cal certainty required to treat a disease may only be that
civil procedure and those governing criminal procedure. needed to give appropriate general and supportive treat-
These rules are the same across states, although they may ment, but not that which would be required to reach an
be interpreted differently in different federal judicial dis- etiological diagnosis. Reaching an etiological diagnosis to
tricts in case law. In short, administrative rules guide any degree of medical certainty is not always done in
administrative actions, state rules guide state civil and clinical practice.
state criminal actions, and federal rules guide federal civil Similarly, routine cases in a diagnostic laboratory may
and criminal actions. not reach an etiological diagnosis to any degree of medi-
In our hypothetical example, the manufacturer of the cal certainty either. In many instances reaching an etio-
premix and the manufacturer of the feed may have agreed logical diagnosis is limited by time, cost, and the needs of
to argue any disputes that arise under their business con- the animal owner and veterinarian. This need may be
tract according to the laws of state X. The animal owner merely to have guidance for providing supportive treat-
who chooses to sue the manufacturer of the feed may ment. Other limits on the ability to provide an etiological
choose to sue in state court in the state in which the diagnosis may be the available samples, the condition of
owner fed the feed to their animal, or perhaps in the fed- the samples, the willingness of the owner to spend the
eral court representing the same geographic area. One money required to reach such a diagnosis, and other
argument that may be used to argue that the case belongs factors.
in the federal court system is that the feed crossed state
lines and therefore impacted interstate commerce. Other
elements that may be required to establish federal juris-
diction are beyond the scope of this chapter.
17. ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND
A judgment will be entered by the judge if the dispute PROCEEDINGS
goes all the way through trial. Thus the animal owner Rule 301. Presumptions in General in Civil Actions and Proceedings
may receive compensation at the insurance claim, settle- In all civil actions and proceedings not otherwise provided for by Act of
ment, or judgment level of this dispute if the animal Congress or by these rules, a presumption imposes on the party against
owner prevails. whom it is directed the burden of going forward with evidence to rebut
The point of this section is primarily to indicate that or meet the presumption, but does not shift to such party the burden of
the procedures by which the dispute is handled may be proof in the sense of the risk of nonpersuasion, which remains through-
out the trial upon the party on whom it was originally cast.
different between states for an insurance claim, arbitra-
18. Rule 302. Applicability of State Law in Civil Actions and
tion, mediation, or litigation. These distinctions between
Proceedings
state court systems are beyond the scope of this chapter.
In civil actions and proceedings, the effect of a presumption respecting a
On the other hand, the federal judicial system has proce-
fact which is an element of a claim or defense as to which State law sup-
dures that are generally applied across the country. These plies the rule of decision is determined in accordance with State law.
procedures are more similar nationwide, so they are 19. Rule 1101. Applicability of Rules
described below to indicate some procedural issues that (a) Courts and judges.—These rules apply to the United States district
may arise in toxicology cases. Although many disputes courts, the District Court of Guam, the District Court of the Virgin
involving animal toxicoses are not tried in federal courts, Islands, the District Court for the Northern Mariana Islands, the United
the federal procedural rules provided below illustrate con- States courts of appeals, the United States Claims Court, and to United
siderations that are likely to be similar across the country. States bankruptcy judges and United States magistrate judges, in the
actions, cases, and proceedings and to the extent hereinafter set forth.
The terms ‘‘judge’’ and ‘‘court’’ in these rules include United States
bankruptcy judges and United States magistrate judges.
STANDARD OF PROOF: (b) Proceedings generally.—These rules apply generally to civil actions
HOW SURE DO I NEED TO BE? and proceedings, including admiralty and maritime cases, to criminal
cases and proceedings, to contempt proceedings except those in which
One party needs to persuade the other party once a dis- the court may act summarily, and to proceedings and cases under title
pute develops. This need is normally referred to as the 11, United States Code.