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Criminal Law
Causation
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Created by
Rachel Galapin
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Cards (21)
What is required for a chain of causation to exist?
Defendant's
conduct
must connect to the
outcome
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What must not break the chain of causation?
No
novus actus interveniens
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What two types of causation must be established?
Factual
causation and
legal
causation
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What does factual causation establish?
Defendant's actions
caused the harm
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What is the "but for" test used for?
To determine if the
defendant's
act
caused
harm
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If the victim would not have suffered harm but for the defendant's actions, what does this imply?
Factual causation
is established
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What must the prosecution prove after establishing factual causation?
Legal causation
must be proven
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What does legal causation require regarding the defendant's actions?
Must make a
significant
contribution to the result
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What case established the substantial cause requirement?
Cheshire
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What does the case of Kimsey illustrate about legal causation?
It must be more than trivial
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What is the de minimis rule in legal causation?
Must be more than trivial
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What does the Smith case illustrate about operative cause?
Does
not
have
to
be
the
main
cause
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What does the Jordan case highlight regarding medical treatment?
Palpably wrong
medical treatment can break
causation
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What does the Malcharek case emphasize about causation?
Unbroken chain
of causation is necessary
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What is the significance of the victim's own actions in causation?
They can be
foreseeable
or daft
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Which case illustrates foreseeable actions of the victim?
Roberts
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Which case illustrates daftness in the victim's actions?
Williams
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What does the Thin Skull Rule state?
Take your
victim
as you find them
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Which case established the Thin Skull Rule?
Blaue
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What is transferred malice?
Intent
can transfer from one victim to another
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Which case illustrates transferred malice?
Mitchell
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