Simple English definitions for legal terms
Read a random definition: cum fossa et furca
Actual cause is a term used in law to determine whether someone is responsible for a particular outcome. It is an important factor in both civil and criminal cases. To establish actual cause, the but-for cause test is used, which means that if the outcome would not have occurred but for the defendant's actions, then they are considered the actual cause. Once actual cause is established, proximate cause must also be proven to determine liability or guilt.
Actual cause is a crucial element in both civil and criminal cases. It is necessary to prove actual cause to establish liability in civil cases and a guilty verdict in criminal cases.
The but-for cause test is used to determine actual cause in both civil and criminal cases. This means that if the event would not have occurred but for the defendant's actions, then the defendant is considered the actual cause of the event.
For example, if a driver runs a red light and hits another car, causing injuries, the driver is considered the actual cause of the accident because the accident would not have occurred but for the driver running the red light.
Some jurisdictions also allow proving actual cause through alternative theories in criminal cases. However, once actual cause is established, proximate cause must also be established to return a liable/guilty verdict.
Overall, actual cause is an important factor in determining legal responsibility and accountability for events that cause harm or damage.