Causation

Question 1

Types of Causation

Answer 1

(1) But For

(2) Proximate

Question 2

But For Cause

Answer 2

(1) Objective Determination
(2) Ds act does not have to be the sole, exclusive, cause of harm, but must be
(a) Necessary, and
(b) Sufficient
(3) D does not have to anticipate the type/severity of harm caused
(4) A defendant cannot be convicted of murder for committing an act if death would or could have occurred in the absence of the defendant’s act

Question 3

Proximate Cause

Answer 3

(1) Subjective Determination
(2) The conduct must relate to the result in a sufficiently strong way
(a) Resulting harm cannot be too remote/accidental
(b) Must be proximate
(3) Natural and continuous sequence of events

Question 4

Exception to Proximate Cause

Answer 4

Intervening Events

Question 5

Types Intervening Events

Answer 5

(1) Voluntary acts by 3dp
(2) Temporal intervals
(3) Acts of God

Question 6

Factors of Intervening Events

Answer 6

(1) Dependent
(2) Independent
(3) Free, deliberate, informed human intervention
(4) Apparent Safety Doctrine
(5) Acts of Nature
(6) Medical Treatment

Question 7

Intervening Events: Voluntary Acts by a 3dp

Answer 7

(1) The victim’s voluntary acts = intervening event
(2) The victim’s involuntary acts = NOT an intervening event
(3) If D inflicts both mental and physical injuries upon a victim which renders the victim mentally irresponsible, and suicide follows, the defendant is guilty of murder
(4) D can be held liable for murder if he participates in the final overt act that causes the death

Question 8

Intervening Events: Temporal Intervals

Answer 8

(1) D can be held liable if he inflicts an injury that triggers a series of events that lead to death
(2) If D puts the victim in the hospital, D will be liable for any resulting complications/death