Legal Definitions - cause

In legal contexts, the term "cause" generally refers to the reason or origin of an event, particularly one that leads to legal consequences or a legal action itself. It is a fundamental concept across many areas of law, establishing responsibility and the basis for legal proceedings.

• Causation in Tort Law: In cases involving civil wrongs (torts), "cause" is crucial for determining if a defendant is legally responsible for harm suffered by a plaintiff. This often involves two distinct elements:
  • Factual Cause (or Cause-in-Fact): This asks whether the harm would have occurred "but for" the defendant's actions or inaction. If the harm would have happened anyway, the defendant's actions are not the factual cause.
  • Proximate Cause (or Legal Cause): This is a limitation on factual cause, ensuring that liability is fair and not extended to events that are too remote or unforeseeable. It asks whether the harm was a reasonably foreseeable consequence of the defendant's actions.
• Probable Cause in Criminal Law: In criminal proceedings, "probable cause" is a standard of proof required for police to make an arrest, conduct a search, or obtain a warrant. It means there is a reasonable basis or sufficient evidence to believe that a crime has been committed or that evidence of a crime exists in a particular location.
• A Legal Case or Principle: "Cause" can also refer to a legal case, lawsuit, or a principle or movement that is being advocated for through legal means.

Examples:

• Example 1 (Tort Law - Factual and Proximate Cause):

  A construction worker, Mr. Henderson, negligently leaves a trench uncovered and unmarked on a public sidewalk. Ms. Davis, walking by at night, falls into the trench and breaks her leg.

  • How it illustrates "cause": Mr. Henderson's negligence is the factual cause of Ms. Davis's injury because, "but for" his failure to cover or mark the trench, she would not have fallen and broken her leg. It is also the proximate cause because it is reasonably foreseeable that leaving an unmarked trench on a sidewalk could lead to someone falling and getting injured. Therefore, Mr. Henderson's actions are a legally recognized cause of Ms. Davis's harm, making him potentially liable in a tort lawsuit.

• Example 2 (Criminal Law - Probable Cause):

  Police officers observe a known drug dealer exchanging a small package for cash with several individuals in an alleyway known for drug activity. The individuals quickly disperse upon seeing the police.

  • How it illustrates "cause": The officers have probable cause to arrest the drug dealer. Their direct observation of suspicious transactions in a high-crime area, involving a known offender, provides a reasonable basis to believe that a crime (drug dealing) has been committed. This level of evidence allows them to make an arrest without a warrant.

• Example 3 (A Legal Case or Principle):

  A group of civil rights attorneys takes on a pro bono (free of charge) lawsuit challenging a state law that they believe unfairly discriminates against a minority group.

  • How it illustrates "cause": In this context, the attorneys are fighting for a "cause" – a legal principle of equality and non-discrimination. The lawsuit itself is also referred to as a "legal cause" or "the cause" they are pursuing in court, aiming to achieve a specific legal and social outcome.