Causation

    Cards (21)

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