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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 only applies 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in the common law−based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, Philippines, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States, some crimes also require proof of attendant circumstances and/or proof of a required result directly caused by the . Definitions The terms and developed in English law are derived from the principle stated by Edward Coke, namely, ("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 in conjugation of thought () and action (). In order for an to be committed th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cite ... [...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 landmark tort law case, which imposed a remoteness rule for causation in negligence. The 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 Overseas Tankship had a ship, the ''Wagon Mound'', docked in Sydney Harbour in October 1951. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The oil drifted under a wharf thickly coating the water and the shore whe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Law Reports
The NSW Law Reports are the official reports of the courts of New South Wales, Australia. The reports are published by The Council of Law Reporting for New South Wales and cover selected cases heard in the Supreme Court of New South Wales. Each state in Australia has an official body which is responsible for the reporting of cases. At the Commonwealth level the responsibility rests with judges. The Commonwealth Law Reports are the authorised reports of the High Court of Australia. Judgments which are included in the reports are selected on the basis their significance in relation to the interpretation, development or application of the law in New South Wales. Fewer than 10% of all judgments are eventually selected for publishing. The current editor is Bret Walker who has held the position since 2006. From 1900 to 1950 the reports were known as the State Reports (New South Wales). The NSW Law Reports currently holds a monopoly on certain reported cases; these cases are no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eggshell Skull
The eggshell 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 ac ... [...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 patr ... [...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). 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 concerne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hunting
Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products ( fur/ hide, bone/ tusks, horn/ antler, etc.), for recreation/ taxidermy (see trophy hunting), to remove predators dangerous to humans or domestic animals (e.g. wolf hunting), to eliminate pests and nuisance animals that damage crops/ livestock/ poultry or spread diseases (see varminting), for trade/tourism (see safari), or for ecological conservation against overpopulation and invasive species. Recreationally hunted species are generally referred to as the '' game'', and are usually mammals and birds. A person participating in a hunt is a hunter or (less commonly) huntsman; a natural area used for hunting is called a game reserve; an experienced hunter who helps organize a hunt and/or manage the game reserve is known as a gamekeeper. Many non-human anima ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summers V
Summer is the hottest of the four temperate seasons, occurring after spring and before autumn. At or centred on the summer solstice, the earliest sunrise and latest sunset occurs, daylight hours are longest and dark hours are shortest, with day length decreasing as the season progresses after the solstice. The date of the beginning of summer varies according to climate, tradition, and culture. When it is summer in the Northern Hemisphere, it is winter in the Southern Hemisphere, and vice versa. 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 the 21st day of June or December. By solar reckoning, summer instead starts on May Day and the summer solstice is Midsummer. A variable seasonal lag means that the meteorological centre of the season, which is based on average temperature patte ... [...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 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) * Ness (surname) * Ness, nickname of Alma Moreno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard W
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong in rule'. Nicknames include " Richie", "Dick", " Dickon", " Dickie", "Rich", " Rick", " Rico", " Ricky", and more. Richard is a common English, German and French male name. It's also used in many more languages, particularly Germanic, such as Norwegian, Danish, Swedish, Icelandic, and Dutch, as well as other languages including Irish, Scottish, Welsh and Finnish. Richard is cognate with variants of the name in other European languages, such as the Swedish "Rickard", the Catalan "Ricard" and the Italian "Riccardo", among others (see comprehensive variant list below). People named Richard Multiple people with the same name * Richard Andersen (other) * Richard Anderson (other) * Richard Cartwright (disambiguati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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