Causation Flashcards

1
Q

Gap

A

3 years

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2
Q

Factual

A

But for test

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3
Q

Paggett

A

Human shield

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4
Q

White

A

Attempted

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5
Q

Legal

A

More than minimal

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6
Q

Dyson

A

Beat child. Skull fracture. Would have died due course but second beating accelerated it. Would have died anyways but acceleration amount to legal causation

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7
Q

Smith- legal

A

Operating and substatial cause

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8
Q

Cato/muhammed

A

More than insubstantial and insignificant

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9
Q

Wallace

A

Key factual question when evaluating legal causation in homicide cases is whether the accused acts can fairly be said to have made a significant contributon

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10
Q

Perkins

A

Hit him left in building then earthquake hit. Different if was at sea
Natural event NAI

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11
Q

Perkins

A

Hit him left in building then earthquake hit. Different if was at sea
Natural event NAI

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12
Q

Michael

A

Act of innocent agent not nai
Third party

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13
Q

Rafferty

A

3 people beat up v. Rafferty left scene and other 2 killed. Wasn’t present and wasn’t planned
Third party

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14
Q

Medical treatment nai

A

Must be incorrect treatment which is direct cause of death. If original wound still open and operating cause of death chain won’t break

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15
Q

Jordan

A

Given antibiotics already proved to be allergic to and lungs filled with fluid.
Highly likely to not be repeated as it included the positive administration of a drug

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16
Q

Smith

A

Only if second cause so overwhelming as to make the original wound merely part of history can it be said that death doesn’t flow from the wound

17
Q

Cheshire

A

Discharged and died 2 months later due to narrowing of windpipe. Wounds healed but d still significant contribution.
Negligent acts must be so independent of his acts and in itself potent in causing death

18
Q

Malcharek and Steele

A

Life support machines

19
Q

Eggshell rule

A

Take v as find them

20
Q

Watson

A

Old man with heart condition

21
Q

Hayward

A

Thyroid gland condition

22
Q

Holland

A

Cut finger told needed amputated but refused. Didn’t break chain

23
Q

Wallace- free

A

Euthanasia wasn’t a free and unfettered decision

24
Q

Robert’s

A

So daft or unexpected that no reasonable man could expect to foresee
Escaping

25
Q

Williams and Davis

A

Was the v conduct proportionate to the level of threat
Escaping

26
Q

Marjoram

A

Reasonable foreseeability is objective
Escaping

27
Q

Dias

A

Self injects
Drugs

28
Q

Rogers

A

Self injects but d put belt on arm. Was part of the mechanics of the injection
Drugs

29
Q

Kennedy

A

Self injects then leaves. No relationship between the two. Adults of sound mind are treated as legally responsible for their own actions. Vulnerability distinguished
Drugs