Causation Flashcards
Actual Cause (Cause-In-Fact)
A factual cause but not necessarily a legal or proximate cause of the harm.
“But-For” test
Was D’s voluntary act a “but-for” cause of the social harm?
In other words, if D’s voluntary act is removed from the situation and the social harm occurs anyway—not a “but-for” cause.
“Substantial Factor” test
(rarely used)
Was the D’s voluntary act a substantial factor in bringing about the social harm?
Used when 2 D’s—acting independently—and not in concert with one another, commit 2 separate acts and each of which alone is enough to bring about social harm (or death).
Proximate Cause
Determination based on policy or morality that criminal liability should attach to an act (or omission) that is the actual cause.
Intervening cause
an independent force that produces social harm—only comes into play after D has already voluntary acted. *Significance: may cut liability so that D may not be held liable for intervening social harm.
De minimis factor
how substantial a role did D’s act play?
Huge role = D liable; Small role = D not liable
Foreseeability factor
was the intervening act foreseeable?
If the intervening act was a response to D’s act, the D is generally liable. (because its fair)
Coincidence
if the intervening act was a coincidence, then the D is generally not liable.
Ex: 2nd car that drove by and killed victim in Rideout case
Intended consequences doctrine
did D intend the consequence, even if the manner in which it occurred was unforeseeable.
Ex: Niece poisoning uncle and uncle dying from falling down the stairs while trying to seek medical help.
Apparent safety doctrine
after victim reaches a point of apparent safety, original wrongdoer is no longer liable subsequent harm.
Omission exception
an omission cannot be an intervening cause.
Ex: if the victim failed to wear a seatbelt, D is still liable.
Voluntary human intervention
may cut causation and eliminate criminal liability.
