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8 Cards in this Set
- Front
- Back
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Cause-in-fact
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"but for" causation - if the harm would not have occurred unless D had engaged in the conduct (But for D's conduct, the chain of events would have never started)
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Omission as a cause
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an omission can satisfy the legal req. of causation b/c as a result of D not acting, harm that was unavoidable occurs
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Concurrent Causation
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cause-in-fact doesn't have to be met. Occurs when 2 indep. causes in fact occur at the same time & either of them would have been the cause
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Prox. Cause
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Satisfied if (1) intended or reasonably F (2) Not too remote or accidental as to fairly hold D responsible
-there can never be more than 1 prox. cause |
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Dep. Intervening Cause
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an intervening cause that was intended or reasonably F by D, or sufficiently related to his conduct, to impose crim responsibility for causing the harm.
1. Reslts in a finding that D prox. caused the harm 2. The fact that another causal agent contributed to the result will not relieve D of responsiblity |
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Indep. Intervening Cause
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another actor or event causes the harm in such an unexpected or unusual manner that D will not be held crim. L for causing it
1. Harm was not intended by D or it was not reasonably F 2. Direct cause of harm was sufficiently fortuitious or coincidental & unconnected w/D's conduct so as to make it unjust to punish him for causing the harm 3. Breaks the causal chain & necessities a finding of no prox. cause |
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MPC But-for Causation
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must est. cause in fact & any other specific causal req. imposed by code or law def. the offense
2. no causation if harm would've occurred w/o D's conduct 3. add'l. analysis when result occurs is diff. from result intended |
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MPC concurrent causation & transferred intent
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If the actual result differs from what the actor p, k, r, n, would occur then he is not responsible for the actual results unless:
a. a diff pers or property was harmed b. D actually caused a lesser harm than contemplated |
