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13 Cards in this Set
- Front
- Back
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what is the definition of causation
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the direct link between the defendents conduct and the consequence of their actions
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what are the three parts to causation
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-legal -factual -intervening acts |
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what is the definition of factual causation
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'but for' test-but for the defendants actions would the consequence of occurred
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what is the case for factual causation
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white
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what is the definition of legal causation
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the defendants actions must still be operating and a more then minimal cause to the consequence
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what is the case for legal causation
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smith
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what is the definiation of intervening acts
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there must be no intervening acts that break the chain of causation
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what are the three ways in which the chain of causation can be broken
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-third party actions -victims own act -unpredictable event/natural |
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what are the cases for third party act
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Jordan-doctors act palpably wrong therefore breaking the chain of causation Cheshire-doctors protected by public policy |
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what are the cases for victims own act
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Williams-victims act unreasonable therefore broke chain of causation Roberts-victims act reasonable |
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what is the definition of the thin skull rule
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the defendant must take the victim as they find them
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what is the case for the thin skull rule
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blaue-jehovahs witness so refused blood transfusion
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