causation Flashcards

(11 cards)

1
Q

what is causation ?

A

there must be a link between the defendants act and all consequence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the 2 types of causation ?

A

1factual
2 legal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is factual causation ?

A

factual causation is whether the defendant is factually responsible for the outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is the test used for factual causation ?

A

but for test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is the but for test

A

but for the defendants actions the consequence would have not occurred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the 2 cases for factual causation

A

r v pagget
r v white

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what does r v pagget state ?

A

the defendant used his girlfriend as a human shield and stated shooting at the police officers they shoot back and killed the girlfriend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what does r v white state ?

A

the defendant poisoned his mothers tea however before she drink her tea she died of heart attack

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is legal causation ?

A

legal causation asks wether the defendant is the operating and substantial cause of the outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is the case related to legal causation ?

A

r v kimsey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what does r v kismey state ?

A

r v kimsey states that there must be more then a mere trifling link between the conduct and consequence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly