Causation

Question 1

For causation between ∆’s act and the harm suffered:

Answer 1

∆ actions have to be both:

• the actual cause AND
• proximate cause of the specified criminal result.

Actual cause + proximate cause = legal cause

Question 2

Actual cause

(cause-in-fact)

3 tests

Answer 2

1. But For
2. Substantial Factor
3. Acceleration

Question 3

But For Test

Answer 3

If criminal result would not have occured but for ∆’s act or conduct, then ∆’s act is the actual cause of the criminal result

Question 4

Substantial Factor Test

Answer 4

• Where there are multiple cause or parties responsible for the criminal result,
• ∆ is responsible if his act was a
• substantial factor causing the criminal result

Question 5

Acceleration Test

Answer 5

• When ∆’s conduct speeds up an inevitable death,
• ∆ is considered an actual cause of death
• because he “accelerated” an inevitable death

*this only applies to homicide

Question 6

Proximate Cause

Answer 6

• Promixate cause is established when
• the harm produced by ∆’s cause in fact
• was within the objectively foreseeable range of objective possibility

***The key is forseeability. If forseeable = proximate cause

Question 7

What result if victim has pre-existing conditions or unknown special sensitivies?

Answer 7

∆’s conduct is a proximate cause of the harm

“You take the plaintiff as you find them”

Question 8

What is an intervening cause?

Answer 8

An other force the combines with ∆’s act to bring about the harm

Question 9

Superseding intervening cause

Answer 9

Relieves ∆’s of liability, thus braking the chain of proximate cause

Question 10

When does an intervening cause not break chain of proximate cause

Answer 10

When it was foreseeable

Question 11

Dependent intervening

Answer 11

cause will supersede the defendant’s act only when it is a totally abnormal response to the defendant’s act

Question 12

Independent intervening cause

Answer 12

will normally supersede the defendant’s act, except when the independent intervening force was foreseeable