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Simple English definitions for legal terms

but-for test

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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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BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
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