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LSDefine

Simple English definitions for legal terms

cause

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A quick definition of cause:

Cause: The reason something happens. In law, it means proving that someone did something that led to a bad thing happening. There are two types of cause: factual cause (which means the bad thing wouldn't have happened if the person didn't do what they did) and proximate cause (which means the person's actions were legally enough to make them responsible for the bad thing). In criminal law, the police need a good reason to arrest someone, called probable cause.

A more thorough explanation:

Definition: Cause is the reason why something happens. It is used in many areas of law, including tort law and criminal law.

In tort law, the plaintiff must prove that the defendant caused the alleged harm. There are two elements of causation in tort law: factual cause and proximate cause.

Factual cause is established using the but-for-test. This test evaluates whether or not the harm would have occurred without the actions or omissions of the defendant. If the harm would have occurred anyway, then the defendant’s actions are not the factual cause of the harm.

Proximate causation refers to a cause that is legally sufficient to find the defendant liable. For example, giving birth to a defendant will not be legally sufficient to find the mother liable because the birth was not the proximate cause of the harm.

Cause is also used in criminal law. For example, under the doctrine of probable cause, the police must have a reasonable basis that a crime may have been committed to arrest someone.

Example: If a driver runs a red light and hits another car, the driver's actions are the cause of the accident. The but-for-test would show that the accident would not have occurred if the driver had stopped at the red light. Proximate causation would also be met because the driver's actions were legally sufficient to find them liable for any harm caused.

causa mortis | cause of action

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