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Simple English definitions for legal terms

but-for test

Read a random definition: Institutes of Gaius

A quick definition of but-for test:

The but-for test is a way to figure out if something caused something else to happen. It asks, "Would this thing have happened if that thing didn't exist?" This test is used in law to decide if someone is responsible for something bad that happened. But sometimes it's hard to know for sure if something caused something else, or if there were too many things that caused it. Courts have come up with different ways to solve these problems, like requiring more than just but-for cause to hold someone responsible, or using different tests to decide if someone caused something bad to happen.

A more thorough explanation:

The but-for test is a legal test used in both tort law and criminal law to determine actual causation. It asks the question, "but for the existence of X, would Y have occurred?"

In tort law, but-for causation is a requirement for liability in combination with proximate cause. If either of these is absent, a party cannot be held liable.

However, the but-for test has some problems. For example, it can be difficult to determine the cause of an event when there are multiple contributing factors. Additionally, the test can be too broad, making it possible to attribute liability to parties who are only tangentially related to an event.

To address these issues, courts have developed various approaches. In tort law, proximate cause is required in addition to but-for causation. In criminal law, courts may use the substantial factor test, the likelihood of survival test, the acceleration theory, the doctrine of proximate cause, or the Model Penal Code approach.

For example, under the substantial factor test, if two people shoot someone at the same time, both gunmen would be found guilty despite ambiguity about whose bullet caused the death. However, this test can also lead to problems, such as holding members of a firing squad liable even if their bullets did not harm the victim.

Overall, the but-for test is an important tool in determining causation in legal cases, but it must be used carefully and in conjunction with other legal principles.

but-for cause | buy-sell agreement

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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