Causation (law) - Factbites

Causation (law) - Factbites
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Topic: Causation (law)

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	crimf92.txt
		Causation A. Causation in criminal law is roughly akin to causation in tort law; it is a part of the same mishmash of law.
		Causation is usually not the issue in criminal law that it is in tort law.
		Criminal law is not interested in shifting liability to compensate monetarily victims of harm or encourage economic efficiency; that is the realm of tort law.
	www.ibiblio.org /jwsnyder/outlines/crimf92.txt

	100 Wn. App. 584, NIELSON v. EISENHOWER & CARLSON
		The issue of causation in fact in a legal malpractice action is a question of law for the court when the issue involves analysis of the relevant law and court rules.
		We are not saying, as a matter of law, that a person's own conduct may not be the sole cause of his or her injuries, thus breaking the chain of causation.
		The court must decide based on traditional principles of proximate causation whether or not a defendant was the cause of the injuries suffered and whether the duty to mitigate was met.
	www.mrsc.org /mc/courts/appellate/100wnapp/100wnapp0584.htm (4712 words)

	crimf92.txt
		Causation A. Causation in criminal law is roughly akin to causation in tort law; it is a part of the same mishmash of law.
		Causation is usually not the issue in criminal law that it is in tort law.
		Criminal law is not interested in shifting liability to compensate monetarily victims of harm or encourage economic efficiency; that is the realm of tort law.
	www.ibiblio.org /jwsnyder/outlines/crimf92.txt (13696 words)

	Exxon v. Sofec, Inc. (1996)
		It is true that commentators have often lamented the degree of disagreement regarding the principles of proximate causation and confusion in the doctrine's application, see, e.g., W. Keeton, Prosser and Keeton on the Law of Torts 263 (5th ed.
		The proximate causation requirement was not before the Court in that case, and the Court did not suggest that it was inapplicable in admiralty.
		Exxon also argues that we should in any event eschew in the admiralty context the "confusing maze of common-law proximate cause concepts"; a system in which damages are allocated based upon the degree of comparative fault of any party whose act was a cause in fact of injury is "fairer and simpler," it says.
	www.admiraltylawguide.com /supct/Sofec.htm (3531 words)

	E Law: Wormes in the entrayles: the corporate citizen in law?
		These one-off events, coincidental chains of causations, bounded instabilities, strange attractors, recurring fractals and contingent synergies provide new metaphors for the infinite ways in which legal rules can interact with the preferred form for the raising of capital for enterprise and profit.
		The most influential school of law and economics, associated with the University of Chicago, argued that any indeterminacy in law should be resolved by decisions which would promote free markets and efficient use of resources.
		Added to this are the numerous ways in which transactions bring the intangible law in contact with the metaphysical corporate form.
	www3.murdoch.edu.au /elaw/issues/v5n2/andrews521nf.html (17524 words)

	Nos. 89497, 89511 cons. - Oliveira v. Amoco Oil Co.
		Defendant emphasizes that Martin's causation analysis was based on common law principles of causation found in the tort of fraudulent misrepresentation.
		If the plaintiff is unable to show that he was deceived, defendant argues, then the plaintiff is too far removed from the wrongdoing as a matter of law to establish the "immediate" and "direct" relationship between the wrongdoing and the injury that is required for proximate causation.
		Proximate causation was a necessary element of plaintiff's complaint because his claim for consumer fraud was brought under section 10a(a) of the Act (815 ILCS 505/10a(a) (West 1996)), the provision of the Act which establishes the right to pursue a private cause of action for consumer fraud.
	www.state.il.us /court/Opinions/SupremeCourt/2002/June/Opinions/Html/89497.htm (5407 words)

	primer_evobio_excerpt.doc
		Preparatory Remarks: Law and Biology on Causation Law and biology overlap in their preoccupations with “causation.” The term has different meanings, however, within each discipline and it is critical to keep these meanings in mind.
		While lawyers parse distinctions between proximate causes, remote causes, concurrent causes, contributory causes, intervening causes, and “but for” causes of phenomena, behavioral biologists draw a single but crucial distinction between “proximate” causes and “ultimate” causes.
		To the extent that the ability to sing and the urge to respond to certain environmental cues with singing were influenced by heritable predispositions, the proportion of male robins in successive generations that sang inevitably increased over time until we now observe the trait to be typical of males of the species.
	law.vanderbilt.edu /seal/resources/docs/primer_evobio_excerpt.doc (6931 words)

	John Stuart Mill [Internet Encyclopedia of Philosophy]
		The uniformity in the succession of events, otherwise called the law of causation, must by received, not as a law of the universe, by of that portion of it only which is within the range of our means of sure observation, with a reasonable degree of extension to adjacent cases.
		Mill cannot avail himself of the theory that the law of universal causation is an intuition of reason or an a priori and transcendental principle.
		That there is something real in this tie, real as the sensations themselves, and not a mere product of the laws of thought without any fact corresponding to it, I hold to be indubitable.
	www.utm.edu /research/iep/m/milljs.htm (6931 words)

	How Does Daubert Intersect with Tort and Procedural Law?
		The consequence is ignorance about irresponsible corporate behavior that is highly relevant in deciding how the law needs to be structured to provide adequate protection to the public at a time when we as yet have imperfect knowledge about the mechanisms of disease.
		Finally, the outcome-determinative effect of in limine motions excluding plaintiff's experts on causation eliminates a trial at which plaintiffs may present evidence of defendant's breach of duty.
		Do plaintiffs' difficulties in proving causation undermine the goals of deterrence and compensation?
	www.aals.org /profdev/torts/bergerabstract.html (538 words)

	time & thrmodynamic
		Covering laws, pragmatic usefulness, intelligibility, prediction: all these have a place in scientific explanation, but they are not the whole story, any more than causation is. The addition of induction and causation overcomes the inadequacies of the theories we have just been covering.
		The Second Law is certainly the most interesting of the four laws of thermodynamics, and the best known, having wide ramifications for our everyday life.
		In the section on thermodynamics and time, above, we ended with a dilemma: either irreversible processes are the “real world” and classical dynamics and un-collapsed wave equations are a simplification of it; or the reversible world of classical dynamics and wave equations is fundamental, and thermodynamics is a special, limiting case.
	www.luthersem.edu /apadgett/mutuality.html (11596 words)

	Causality - Wikipedia, the free encyclopedia
		Dictionary of the History of Ideas: Causation in Law
		The gold standard for causation here is the randomized experiment: take a large number of people, randomly divide them into two groups, force one group to smoke and prohibit the other group from smoking (ideally in a double-blind setup), then determine whether one group develops a significantly higher lung cancer rate.
		Most generally, causation is a relationship that holds between events, objects, variables, or states of affairs.
	en.wikipedia.org /wiki/Causation (3440 words)

	Causation and the Logical Impossibility of a Divine Cause
		As we have seen, the nomological definitions of deterministic causation imply that a particular event c, in conjunction with a law of nature, logically necessitate the event e that is the effect.
		The argument is that all cases of causation that are not in dispute are inconsistent with the hypothesis that there is a correct definition of the sort mentioned in (2).
		Suppose we have this disjunctive definition of causation: c is a cause of e if and only if c is either a logically sufficient condition of e, or c is not a logically sufficient condition of e and instead satisfies (say) the Humean conditions.
	infidels.org /library/modern/quentin_smith/causation.html (8540 words)

	An authority on causation or causality
		A definition of causation, or at least a clear knowledge of what causation means and is, is the root and the basis of one very important department of law, reference to which is made in every case that is tried in the Courts.
		Antecedence often goes with causation, but there are many cases of causation in which the cause does not precede the effect; and there are many antecedents of a change that are not its causes; and to identify causation with antecedence is a gross blunder, whether the antecedence is invariable or not.
		Welton, is change; and the first example of causation that he adduces is that the weight of the atmosphere is the cause of the height of the mercury in the barometer.
	www.geocities.com /freasoner_2000/cause.htm (16783 words)

	Errors involving causation
		Our knowledge of natural "laws" as rules of causation derives from repeated, uncontradicted observations.
		Another form of the causation fallacy relies upon an established rule of causation, an observed effect and incomplete information about the relevant circumstances to draw an inference about the cause of the effect.
		Thus, given the causal law of gravity, it would generally be thought correct to infer that a man seen dropping a brick off a building was the cause of the observation of a brick shattering on the pavement several seconds later.
	www.angelfire.com /ks2/fallacies/fallcaus.htm (1047 words)

	BLUEPRINT FOR GENERAL CAUSATION ANALYSIS
		Expert testimony concerning general causation in humans, which is solely derived from animal studies, is unreliable and ought to be inadmissible in a court of law.
		The foregoing list of disease causation evidentiary requirements demonstrates that valid epidemiological evidence is the lynchpin of general causation and illustrates the depth to which analytical courts have probed in evaluating general causation testimony in toxic tort cases.
		But once the theory of causation leaves the realm of lay knowledge for esoteric scientific theories, the scientific theory must be more than a possibility to the scientists who created it.
	www.thefederation.org /documents/Dillingham-F03.htm (4698 words)

	Fake Barn Country: Backwards Causation
		Energy-flow theories: Causation (of B by A) is a kind of flow or transfer of energy from A to B. Law-based theries: Causation (of B by A) is when B is necessitated or probabilified by the laws of nature by A. OK, so these are very rough.
		It might turn out that the laws of nature are such that given a state or event at t2, they never necessitate or probabilify any states at t1 (in the right way, the way the theory says that they do in cases of causation).
		Regularitity theories: Causation (of B by A) is something like constant conjunction in the past of things like B by things like A. Counterfactual theories: Causation (of B by A) is something like counterfactual dependence of B on A, such as that had A not happened B would not have happened.
	www.brown.edu /Departments/Philosophy/Blog/Archives/004695.html (1266 words)

	Philosophical Dictionary: Cause-Cixous
		Also see Rudy Garns, SEP on causal processes, medieval theories of causation, counterfactual theories of causation, causal determinism, probabilistic theories of causation, the metaphysics of causation, backwards causation, causation and manipulability, and causation in the law, ColE, and CE.
		Although the correct analysis of causation is a matter of great dispute, Hume offered a significant criticism of our inclination to infer a necessary connection from mere regularity, and Mill proposed a set of methods for recognizing the presence of causal relationships.
		Contemporary philosophers often suppose that a causal relationship is best expressed in the counterfactual statement that if the cause had not occured, then the effect would not have occured either.
	www.philosophypages.com /dy/c2.htm (990 words)

	ON CAUSATION
		The law of torts seeks determinations of causation that are predictable, stable, and objective.
		Using tort causation doctrine as her starting point, Professor Matsuda demonstrates how the tort system sacrifices human bodies to maintain the smooth flow of the economic system.
		Broad causation leads to "crushing liability,"[30] thus various legal devices apply to limit causation.
	www.saf.org /LawReviews/Matsuda.htm (12026 words)

	Causation
		The question of legal responsibility is commonly considered in terms of "proximate cause," which is ordinarily concerned, not with the fact of causation, but with the various considerations of policy that limit an actor's responsibility for the consequences of his conduct.
		In tort law "cause" is a term of art.
		Table of Contents Negligence Duty Causation Strict Liability Intentional Torts Fraud and Deceit Defamation Emotional Distress Damages Bibliography
	www.west.net /~smith/causation.htm (936 words)

	Proximate cause - Wikipedia, the free encyclopedia
		In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury.
		Since but-for causation is very easy to show (but for punching me in the face, you would not broken my jaw), there is a second test used to determine if an action is close enough to a harm in a "chain of events" to be legally valid.
		The doctrine is phrased in the language of causation, but in most of the cases in which causation is contested, there is not much real dispute that the defendant but-for caused the plaintiff's injury.
	en.wikipedia.org /wiki/Proximate_cause (1115 words)

	Tort Components: Causation Lawsuit Overview - Find Trial Lawyers and Attorneys with Experience in Tort Components: Causation Personal Injury Law
		Causation Just because the Defendant acted unreasonably, irresponsibly, or carelessly (and therefore breached a duty owed to you) does not mean you will win your lawsuit.
		Tort Components: Causation Lawsuit Overview - Find Trial Lawyers and Attorneys with Experience in Tort Components: Causation Personal Injury Law
		To prevail you must also show that the Defendant''s behavior caused the injury or property damage.
	www.injuryboard.com /view.cfm/Topic=15 (438 words)

	Section One: The Argument Against a Kantian Deontological Theory of Autonomy
		Empirical laws are the means by which the category of causation can fully determines the phenomenal world.
		Empirical laws (as special determinations of the general causal law) fully determine the phenomenal world.
		But all empirical laws are only special determinations of the pure laws of understanding, under which, and according to the norm of which, they first become possible.
	ucsub.colorado.edu /~hallbw/Noumenal.htm (438 words)

	University of Baltimore School of Law: Torts
		Law of imposed liability for personal, property and economic harm; negligence (including professional malpractice), strict liability (including products liability) and intentional torts; causation and elements of damages; affirmative defenses and limitation of duties including: assumption of the risk, contributory negligence, comparative negligence, immunity, limited liability of property owners.
	law.ubalt.edu /courses/torts.html (48 words)

	Wirth v. Reynolds Metal Co.(Rogers, J.) CA96-1161
		Although proximate causation is usually a question of fact for a jury, where reasonable minds cannot differ a question of law is presented for determination by the court.
		Proximate causation is an essential element for a cause of action in negligence.
		-- Proximate causation is an essential element for a cause of action in negligence.
	courts.state.ar.us /opinions/1997a/970625/ca961161.html (4225 words)

	Causation-Homicide
		<5> There is, of course, an overlap here, in the concept of “proximate cause” found in torts and its application in criminal law.
		Proximate cause does not necessarily mean the last act of cause, or the act in point of time nearest to [the result].
		The concept of proximate cause incorporates the notion that an accused may be charged with a criminal offense even though his acts were not the immediate cause of [the result].
	myweb.wvnet.edu /~jelkins/crimlaw/note/causation.html (2499 words)

	Medical Malpractice - Causation
		It is an accepted principle that in most medical negligence cases, proof of causation requires the testimony of an expert witness because the nature of the inquiry is such that jurors are not competent to draw their own conclusions from the evidence without the aid of such expert testimony.
		While evidence of causation must be in terms of probability rather than mere possibility, substance should prevail over form and that the total meaning, rather than a word-by-word construction, should be the focus of the inquiry.
		We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features.
	www.louisvillelaw.com /medical/malpractice/cause.htm (580 words)

	Torts Law Resources
		By a leading contemporary authority on tort law, the text covers conflict of law; liability of multiple tortfeasor; defenses; immunities; procedure; damages; negligence, as well as willful and wanton misconduct; causation; and comparative negligence.
		Provides an overview of tort law including links to related federal and state statutes, state judicial decisions, conventions and treaties, and key internet sources.
		All current areas of tort law are covered in the site.
	www.ll.georgetown.edu /find/resource_display_subject.cfm?topic_id=185 (709 words)

	A Stitch in Haste Gunmaker Liability Shield May -- and Should -- Become Law
		It is a fundamental rule of tort law that liability requires proximate causation (i.e., the defendant must be sufficient close to the chain of events to be held liable for his actions).
		And it is a fundamental rule of proximate causation that criminal acts by third parties are never foreseeable — they break the chain of proximate causation.
		The piece is misguided in that it falls into the trap of worshipping the false god of "federalism." State "sovereignty" does not include the power to force defendants to endure frivolous lawsuits or to be derelict in their "sovereign" duty to enforce basic tort principles.
	kipesquire.powerblogs.com /posts/1122488550.shtml (1564 words)

	Atlanta Injury Law Blog: Clarifying "proximate cause" in Georgia tort jury instructions
		Yet, all too often, and particularly with regard to proximate cause instructions, the jury is given an assemblage of snippets from appellate court opinions and essentially asked to make the same coherent sense of them in minutes that judges and lawyers can make only with a long legal education.
		Gwinnett County, 221 Ga. App.18, 24 (9), 470 S.E.2d 724, 730 (1996) (charge on the proximate cause as the “dominant cause” was “inapt” in a case against a county for failure to maintain the intersection at which the collision occurred); Locke v.
		By requiring that the proximate cause produce an event(injuries) by a “natural and continuous sequence unbroken by other causes,” the pattern charge may mislead jurors from considering multiple concurrent proximate causes, particularly if considering passive negligence (which did not “produce” anything – an active verb) and active negligence (thus not“unbroken by other causes”).
	www.atlantainjurylawblog.com /recent-tort-cases-73-clarifying-proximate-cause-in-georgia-tort-jury-instructions.html (2061 words)

	Richard Fumerton and Ken Kress, Causation and the Law: Preemption, Lawful Sufficiency, and Causal Sufficiency, 64 Law & Contemp. Probs. 83 (Autumn 2001)
		The generality theory of causation assumes that the concept of cause depends on the concept of lawful connection.
		Wright, Causation, supra note 1, at 1774 (stating that his theory is an elaboration of "a causal test that incorporates the Humean philosophic account of the meaning of causation, as modified by John Stuart Mill."); see also id.
		But the essence of a Humean account of causation is one in which we try to understand X's causing Y in terms of "brute" regularities in nature that involve constant conjunctions between X-like events and Y-like events.
	www.law.duke.edu /journals/lcp/articles/LCP64DAutumn2001P83.HTM (10401 words)

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