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Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the ''actus reus'' (an action) from which the specific injury or other effect arose and is combined with ''mens rea'' (a state of mind) to comprise the elements of guilt. Causation applies only where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the ''mens rea'' is immaterial to the result and sub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ... and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths. A second ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Cases Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of '' stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overseas Tankship (UK) Ltd V Morts Dock And Engineering Co Ltd
''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'',. commonly known as ''Wagon Mound (No. 1)'', is a Lists of landmark court decisions, landmark tort law case, which imposed a Remoteness in English law, remoteness rule for causation in negligence. The Judicial Committee of the Privy Council, Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. ''The Wagon Mound (No 1)'' should not be confused with the successor case of the ''Overseas Tankship v Miller Steamship'' or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care.. Facts In October 1951, ''Wagon Mound'', a ship of Overseas Tankship, docked in Sydney Harbour. The crew allowed furnace oil, also referred to as Bunker oil, to leak from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Law Reports
The New South Wales Law Reports (NSWLR) are the authorised reports of the superior courts of New South Wales, Australia. The reports are published by the Council of Law Reporting for New South Wales. Cases reported in the NSWLR are selected by the Editor on the basis of their significance in relation to the interpretation, development or application of the law in New South Wales. Of the thousands of judgments delivered each year by the Supreme Court of New South Wales (including the Court of Appeal and Court of Criminal Appeal) only a fraction are selected for reporting. Every report contains a headnote drafted by a practising barrister or solicitor, reviewed by an Assistant Editor and approved by the relevant court. Counsel involved in a case are also asked for comment. Each headnote includes catchwords, appearances, a summary of facts and holdings. The catchwords give a summary classification of the matters dealt with in the case. The holdings are the grounds for decis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eggshell Skull
The eggshell skull rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intervening Cause
In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury ''only if'' the event is deemed a ''superseding cause''. A ''superseding cause'' is an ''unforeseeable'' intervening cause. By contrast, a ''foreseeable'' intervening cause typically does ''not'' break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads to an unforeseeable result. For example (as in the US case of Watson v. Kentucky & Indiana Bridge & Railroad Co.), if a defendant had carelessly spilled gasoline near a pile of cigarette butts in an alley behind a bar, the fact that a bar patron later carelessly threw a cigarette butt into the gasoline would be deemed a foreseeable intervening cause, and would not absolve the defendant of tort liability. However, if the bar pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proximate Cause
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but-for test is ineffective (see But-for test below). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of insurance and is con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hunting
Hunting is the Human activity, human practice of seeking, pursuing, capturing, and killing wildlife or feral animals. The most common reasons for humans to hunt are to obtain the animal's body for meat and useful animal products (fur/hide (skin), hide, bone/tusks, horn (anatomy), horn/antler, etc.), for recreation/taxidermy (see trophy hunting), although it may also be done for resourceful reasons such as removing predators dangerous to humans or domestic animals (e.g. wolf hunting), to pest control, eliminate pest (organism), pests and nuisance animals that damage crops/livestock/poultry or zoonosis, spread diseases (see varmint hunting, varminting), for trade/tourism (see safari), or for conservation biology, ecological conservation against overpopulation and invasive species (commonly called a culling#Wildlife, cull). Recreationally hunted species are generally referred to as the ''game (food), game'', and are usually mammals and birds. A person participating in a hunt is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summers V
Summer or summertime is the hottest and brightest of the four temperate seasons, occurring after spring and before autumn. At or centred on the summer solstice, daylight hours are the longest and darkness hours are the shortest, with day length decreasing as the season progresses after the solstice. The earliest sunrises and latest sunsets also occur near the date of the solstice. The date of the beginning of summer varies according to definition, climate, tradition, and culture. When it is summer in the Northern Hemisphere, it is winter in the Southern Hemisphere, and vice versa. Etymology The modern English ''summer'' derives from the Middle English ''somer'', via the Old English ''sumor''. Timing From an astronomical view, the equinoxes and solstices would be the middle of the respective seasons, but sometimes astronomical summer is defined as starting at the solstice, the time of maximal insolation, often identified with 21 June or 21 December. By solar reckoning, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NESS Test
Ness or NESS may refer to: Places Australia * Ness, Wapengo, a heritage-listed natural coastal area in New South Wales United Kingdom * Ness, Cheshire, England, a village * Ness, Lewis, the most northerly area on Lewis, Scotland, UK * Cuspate foreland, known in England as "ness", a coastal landform * Loch Ness, a freshwater loch in the Scottish Highlands, noted for the Loch Ness Monster * Ness Botanic Gardens, owned by the University of Liverpool and located on the Wirral Peninsula, England * Ness Islands, in the River Ness, in Scotland * Ness, North Yorkshire, a former civil parish * Ness Point, most easterly point of the UK, located in Lowestoft, England * Ness Waterfall, Scotland * River Ness, a river which links Loch Ness to the North Sea at Inverness, Scotland, UK United States * Ness City, Kansas * Ness County, Kansas * Ness Township, Minnesota Elsewhere * Mount Ness, Palmer Land, Antarctica * Ness Lake, British Columbia, Canada People * Ness (given name) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
