Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

but-for cause

Read a random definition: endorsement (indorsement)

A quick definition of but-for cause:

But-for cause is a term used in law to determine if someone is responsible for causing harm or committing a crime. It means that if something would not have happened if that person did not do something, then they are the cause of the harm or crime. This is important in both civil and criminal cases. In civil cases, it is combined with proximate cause to determine if someone is liable for a tort. In criminal cases, it is usually enough to prove causation, but some places allow other ways to prove it. Once the cause is established, it is also important to show that it was the main cause of the harm or crime.

A more thorough explanation:

But-for cause is a legal term that refers to the necessary element for establishing liability in civil cases and a guilty verdict in criminal cases. It is also known as actual cause.

In civil cases, but-for cause is combined with proximate cause to fulfill the causation requirement of any tort. This means that the plaintiff must prove that the harm they suffered would not have occurred but for the defendant's actions. For example, if a driver runs a red light and hits a pedestrian, the pedestrian can establish but-for cause by showing that they would not have been hit if the driver had stopped at the red light.

In criminal cases, but-for cause is generally sufficient to establish causation. This means that the prosecution must prove that the defendant's actions were the cause of the harm suffered by the victim. For example, if a person shoots someone and the victim dies, the prosecution can establish but-for cause by showing that the victim would not have died but for the defendant's actions.

However, some jurisdictions also allow proving causation through alternative theories. For example, in some cases, the prosecution may argue that the defendant's actions were a substantial factor in causing the harm, even if they were not the sole cause.

It is important to note that once actual cause is established, proximate cause must also be established to return a liable or guilty verdict. Proximate cause refers to the legal concept that limits liability to those harms that are reasonably foreseeable consequences of the defendant's actions.

but see | but-for test

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
LSD+ is ad-free, with DMs, discounts, case briefs & more.