Causation

Question 1

What is cause in fact

Answer 1

the act is what caused the result.

Question 2

What are the three ways to prove cause in fact

Answer 2

“but for” cause (direct cause)
substantial factor
acceleration

Question 3

What is but for cause

Answer 3

The death of the victim or prohibited result would not have happened “but for” the defendant’s conduct

Question 4

What is substantial factor

Answer 4

When two people act independently of one another and their actions standing alone bot would have caused the death/prohibited result. Essentially there are two “but for” causes that would have caused the prohibited result when it occurred.

Question 5

What is acceleration

Answer 5

When the actions of one person set the death in motion and someone else comes along and hastens the time in which the person dies
- The second person’s actions alone would not have caused the victims death/prohibited result

Question 6

When do you analyze proximate cause

Answer 6

only look at proximate cause when you have established there is more than one cause in fact

Question 7

How do you analyze proximate cause

Answer 7

Is there more than one but for cause? If yes it will usually come down to a question of foreseeability. Look to see if other cause is foreseeable. A foreseeable intervening cause should never relieve the defendant of liability.

Question 8

What is an intervening superseding cause

Answer 8

Two types. Dependent and Independent. Dependent is sometimes called a responsive cause. it is not superseding unless it is abnormal. It is responsive to the defendants decision. Independent (coincidental) nothing to do with defendants conduct. Much more likely to break chain unless it was foreseeable (i.e. act of god)