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| | BLUEPRINT FOR GENERAL CAUSATION ANALYSIS |
 | | Expert testimony concerning general causation in humans, which is solely derived from animal studies, is unreliable and ought to be inadmissible in a court of law. | | | The foregoing list of disease causation evidentiary requirements demonstrates that valid epidemiological evidence is the lynchpin of general causation and illustrates the depth to which analytical courts have probed in evaluating general causation testimony in toxic tort cases. | | | On a motion to exclude the plaintiffs’ expert testimony of causation, the determinative issue was whether the epidemiological evidence relied upon by the plaintiffs’ experts was sufficiently reliable and relevant to establish causation. |
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http://www.thefederation.org/documents/Dillingham-F03.htm
(4698 words)
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| | An authority on causation or causality |
| | A definition of causation, or at least a clear knowledge of what causation means and is, is the root and the basis of one very important department of law, reference to which is made in every case that is tried in the Courts. | | | To complete the definition of a condition it is necessary to state the connection of the passive state with the causation of the effect. | | | Clearly, however, the definition of a condition as a passive state is not a complete definition with reference to any given case of causation. |
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http://www.geocities.com/freasoner_2000/cause.htm
(16783 words)
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| | Fake Barn Country: Backwards Causation |
| | It might turn out that the laws of nature are such that given a state or event at t2, they never necessitate or probabilify any states at t1 (in the right way, the way the theory says that they do in cases of causation). | | | Energy-flow theories: Causation (of B by A) is a kind of flow or transfer of energy from A to B. Law-based theries: Causation (of B by A) is when B is necessitated or probabilified by the laws of nature by A. OK, so these are very rough. | | | Your objection was that the laws of nature might "ensure or probabilify that B happened at t1, given that A happened at t2;" my counter is simply that they might not. |
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http://www.brown.edu/Departments/Philosophy/Blog/Archives/004695.html
(1266 words)
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| | crimf92.txt |
| | Causation is usually not the issue in criminal law that it is in tort law. | | | Causation A. Causation in criminal law is roughly akin to causation in tort law; it is a part of the same mishmash of law. | | | Criminal law is not interested in shifting liability to compensate monetarily victims of harm or encourage economic efficiency; that is the realm of tort law. |
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http://www.ibiblio.org/jwsnyder/outlines/crimf92.txt
(1266 words)
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| | Causality - Wikipedia, the free encyclopedia |
| | Dictionary of the History of Ideas: Causation in Law | | | Most generally, causation is a relationship that holds between events, objects, variables, or states of affairs. | | | The gold standard for causation here is the randomized experiment: take a large number of people, randomly divide them into two groups, force one group to smoke and prohibit the other group from smoking (ideally in a double-blind setup), then determine whether one group develops a significantly higher lung cancer rate. |
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http://en.wikipedia.org/wiki/Causation
(3440 words)
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| | ON CAUSATION |
| | The law of torts seeks determinations of causation that are predictable, stable, and objective. | | | Broad causation leads to "crushing liability,"[30] thus various legal devices apply to limit causation. | | | Using tort causation doctrine as her starting point, Professor Matsuda demonstrates how the tort system sacrifices human bodies to maintain the smooth flow of the economic system. |
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http://www.saf.org/LawReviews/Matsuda.htm
(12026 words)
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| | crimf92.txt |
| | Causation is usually not the issue in criminal law that it is in tort law. | | | Causation A. Causation in criminal law is roughly akin to causation in tort law; it is a part of the same mishmash of law. | | | Criminal law is not interested in shifting liability to compensate monetarily victims of harm or encourage economic efficiency; that is the realm of tort law. |
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http://www.ibiblio.org/jwsnyder/outlines/crimf92.txt
(13696 words)
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| | Causation |
| | "The concept of proximate causation has given courts and commentators consummate difficulty and has in truth defied precise definition." (State Compensation Ins. | | | Table of Contents Negligence Duty Causation Strict Liability Intentional Torts Fraud and Deceit Defamation Emotional Distress Damages Bibliography | | | In tort law "cause" is a term of art. |
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http://www.west.net/~smith/causation.htm
(936 words)
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| | How Does Daubert Intersect with Tort and Procedural Law? |
| | Little attention has been paid to how Daubert has affected the objectives of tort law or procedural justice. | | | How Does Daubert Intersect with Tort and Procedural Law? | | | Do plaintiffs' difficulties in proving causation undermine the goals of deterrence and compensation? |
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http://www.aals.org/profdev/torts/bergerabstract.html
(538 words)
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| | tobatxt.html |
| | In the end, when the judge first considered the question of the motions to dismiss, he focused on the fact that the supreme court had upheld this new statutory cause of action, as the court termed it, which allowed it, and the supreme court said, negligence and strict liability, causation and damages. | | | We had a common law disgorgement count in, but common law disgorgement sometimes is tied to a showing of loss on your part. | | | The law has been for a long period of time that regardless of whatever equities that father might have, he is denied visitation or a variety of other things, it does not change the fact that the State of Florida and the taxpayers had been obligated to fund the costs involved. |
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http://www.law.fsu.edu/journals/lawreview/frames/254/tobatxt.html
(538 words)
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| | Torts Law Resources |
| | By a leading contemporary authority on tort law, the text covers conflict of law; liability of multiple tortfeasor; defenses; immunities; procedure; damages; negligence, as well as willful and wanton misconduct; causation; and comparative negligence. | | | "This Nutshell provides a foundation for tort law by introducing its origins, its objectives, and an overview of tort liability. | | | Provides an overview of tort law including links to related federal and state statutes, state judicial decisions, conventions and treaties, and key internet sources. |
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http://www.ll.georgetown.edu/find/resource_display_subject.cfm?topic_id=185
(709 words)
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| | Causation and the Logical Impossibility of a Divine Cause |
| | As we have seen, the nomological definitions of deterministic causation imply that a particular event c, in conjunction with a law of nature, logically necessitate the event e that is the effect. | | | The argument is that all cases of causation that are not in dispute are inconsistent with the hypothesis that there is a correct definition of the sort mentioned in (2). | | | The variables in proposition (1) range over particular events or states; they do not range over particular events taken together with laws of nature or universal generalizations under which the particulars are subsumed. |
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http://infidels.org/library/modern/quentin_smith/causation.html
(8540 words)
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| | Supreme Court - Negligence and Insurance Premiums: Recent Changes in Australian Law - The Spencer Mason Trust Lecture, Auckland: Lawlink NSW |
| | The Ipp Panel acknowledged the "commonsense" test applicable in Australian law but, nevertheless, founded its analysis of causation on the proposition that the basic principle was the "but for" test, that is, "the harm would not have occurred but for the conduct"[19]. | | | Notwithstanding the restrictions on common law actions in New Zealand, proceedings for exemplary damages are permitted. | | | New Zealand case law had developed in the same general direction so that evidence of professional practice was admissible and helpful to indicate whether there had been a breach of a duty of care but it was not decisive[33]. |
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http://www.lawlink.nsw.gov.au/ca256751001456c7/9b269c959b5aa6dc4a2565fa001602bf/0e821fe90b0b9c2dca256d36001d6690?OpenDocument
(9800 words)
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| | Criminal Law I |
| | The course examines the basic concepts and legal and sociological issues in substantive criminal law; the theories underlying criminal law; and the problems of the imposition and execution of punishments. | | | An attempt is made to develop an understanding of the rational basis of a law of crimes by studying specific problem areas such as criminal liability and legal requirements for criminal defenses. | | | Understand the elements of criminal liability, including the criminal act, the criminal state of mind, and causation. |
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http://www.lincoln.edu/criminaljustice/sylcl.htm
(533 words)
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| | Random Pensées: Practice of Law Archives |
| | Nonetheless, the Court declined to find, as a matter of law, that the driver's failure to correct the problem broke the chain of causation, but rather held that such conduct is relevant to issues of intervening cause and apportionment of fault. | | | NY was one of the only states with this law. | | | We are taking her as a favor to a friend who practices exclusively corporate law primarily for German clients in the United States. |
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http://randompensees.mu.nu/archives/cat_practice_of_law.php
(13082 words)
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| | Law of Torts |
| | While the primary focus will be on the law of torts in Ireland, frequent reference will be made to other common law jurisdictions. | | | Following a brief introduction, the fundamental principles of causation and remoteness will be examined. | | | The aim of this course is to give students a firm grasp of the principles governing the law of torts and to examine in detail a number of selected torts. |
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http://www.nuigalway.ie/law/Courses/tort_connolly.html
(235 words)
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| | Criminal Law - Crimes & Defenses |
| | Coverage includes general principles and elements of criminal liability: culpable mental states, act and omission, causation, and attendant circumstances. | | | The material on our pages is intended as a resource for anyone with an interest in the law of crimes, defenses, and punishment. | | | It also serves as a supplemental resource for students taking the first-year introductory law school course in criminal law. |
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http://stclguns.homestead.com
(222 words)
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| | Philosophy of Law |
| | Topics include legal positivism, natural law, punishment, causation, liability, abortion and the death penalty.” | | | Catalog description: “Philosophy of Law: Introduces major theories and arguments concerning the nature of law and the relationship between law and justice. | | | In this course we will think philosophically about the law, focusing especially on the nature of law and its relation to morality and the proper limits of the criminal law. |
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http://www.uwec.edu/PhilRel/faculty/McAleer/phil310sylspr04.htm
(915 words)
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| | Errors involving causation |
| | Our knowledge of natural "laws" as rules of causation derives from repeated, uncontradicted observations. | | | Another form of the causation fallacy relies upon an established rule of causation, an observed effect and incomplete information about the relevant circumstances to draw an inference about the cause of the effect. | | | Thus, given the causal law of gravity, it would generally be thought correct to infer that a man seen dropping a brick off a building was the cause of the observation of a brick shattering on the pavement several seconds later. |
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http://www.angelfire.com/ks2/fallacies/fallcaus.htm
(1047 words)
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| | University of Baltimore School of Law: Torts |
| | Law of imposed liability for personal, property and economic harm; negligence (including professional malpractice), strict liability (including products liability) and intentional torts; causation and elements of damages; affirmative defenses and limitation of duties including: assumption of the risk, contributory negligence, comparative negligence, immunity, limited liability of property owners. |
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http://law.ubalt.edu/courses/torts.html
(48 words)
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| | Philosophical Dictionary: Cause-Cixous |
| | Also see Rudy Garns, SEP on causal processes, medieval theories of causation, counterfactual theories of causation, causal determinism, probabilistic theories of causation, the metaphysics of causation, backwards causation, causation and manipulability, and causation in the law, ColE, and CE. | | | Although the correct analysis of causation is a matter of great dispute, Hume offered a significant criticism of our inclination to infer a necessary connection from mere regularity, and Mill proposed a set of methods for recognizing the presence of causal relationships. | | | Contemporary philosophers often suppose that a causal relationship is best expressed in the counterfactual statement that if the cause had not occured, then the effect would not have occured either. |
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http://www.philosophypages.com/dy/c2.htm
(990 words)
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| | IN THE MATTER OF DES MARKET SHARE LITIGATION - Legal Case Documents |
| | CourtCode: AP, CourtName: NEW YORK COURT OF APPEALS, State: NEW YORK, UniqueCaseRef: NE>AP>079_0299, Market, Des, Hymowitz, Drug, Manufacturer, York, Matter, Ny2d, Common-law Doctrines, Relief, Consolidating, Constitution, Common Law, Pregnancy, Erie County, Equitable Remedy, Wachtler, Causation, Money Damages, Heretofore, Fda, Injuries, Guaranteeing, Language, Products Liability, Causation Requirement, ContentID: 120248876 | | | DES PLAINTIFFS HYMOWITZ DRUG COURT MANUFACTURER YORK MATTER NY2D COMMON-LAW DOCTRINES RELIEF LITIGATION CONSOLIDATING DEFENDANTS CONSTITUTION COMMON LAW PREGNANCY ERIE COUNTY EQUITABLE REMEDY WACHTLER CAUSATION MONEY DAMAGES HERETOFORE FDA INJURIES GUARANTEEING LANGUAGE PRODUCTS LIABILITY CAUSATION REQUIREMENT | | | Because causation and damages would be tried to a jury in the main action, the court |
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http://www.legalcasedocs.com/120/248/876.html
(990 words)
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| | BLA UNPUBLISHED Document: 01-0165.WPD: Browning v. Peter White Coal Cor |
| | We decline to consider whether the administrative law judge's weighing of the evidence was appropriate under the newly amended total disability causation regulation because in considering the evidence on the merits the administrative law judge did not discuss and weigh the opinions submitted with this duplicate claim by Drs. | | | Therefore, we vacate the administrative law judge's finding that claimant has not established that he is totally disabled due to pneumoconiosis and remand the case for the administrative law judge to consider all of the evidence of total disability causation in accordance with applicable law. | | | Considering all the evidence of record on the merits, the administrative law judge found the evidence sufficient to establish the existence of pneumoconiosis arising out of coal mine employment pursuant to 20 C.F.R. §§718.202(a), 718.203(b)(2000) and the existence of a totally disabling respiratory impairment pursuant to 20 C.F.R. §718.204(c)(2000). |
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http://www.dol.gov/brb/cases/blklung/unpublished/Oct01/01-0165.htm
(1362 words)
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| | 100 Wn. App. 584, NIELSON v. EISENHOWER & CARLSON |
| | The issue of causation in fact in a legal malpractice action is a question of law for the court when the issue involves analysis of the relevant law and court rules. | | | We are not saying, as a matter of law, that a person's own conduct may not be the sole cause of his or her injuries, thus breaking the chain of causation. | | | The court must decide based on traditional principles of proximate causation whether or not a defendant was the cause of the injuries suffered and whether the duty to mitigate was met. |
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http://www.mrsc.org/mc/courts/appellate/100wnapp/100wnapp0584.htm
(4712 words)
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| | Master of Laws Program (MSL) : FAQ - Academics - Pitt Law |
| | CRIMINAL LAW (3 credits) Traditional and contemporary doctrines of substantive criminal law are analyzed, with focus on such issues as: theories of punishment, the formal elements of criminal culpability, the theory and degrees of homicide, criminal causation, inchoate crimes, accessorial and vicarious liability, conspiracy, and defenses of excuse and justification. | | | CRIMINAL PROCEDURE (3 credits) The subject matter is Supreme Court decisional law and policy issues relating to the application and scope of the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. | | | The course explores the general law of contracts on these topics and, to a limited extent, the particular law governing agreements for the sale of goods. |
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http://www.law.pitt.edu/academics/programs/msl-faq.php
(3119 words)
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| | Nos. 89497, 89511 cons. - Oliveira v. Amoco Oil Co. |
| | Defendant emphasizes that Martin's causation analysis was based on common law principles of causation found in the tort of fraudulent misrepresentation. | | | If the plaintiff is unable to show that he was deceived, defendant argues, then the plaintiff is too far removed from the wrongdoing as a matter of law to establish the "immediate" and "direct" relationship between the wrongdoing and the injury that is required for proximate causation. | | | Proximate causation was a necessary element of plaintiff's complaint because his claim for consumer fraud was brought under section 10a(a) of the Act (815 ILCS 505/10a(a) (West 1996)), the provision of the Act which establishes the right to pursue a private cause of action for consumer fraud. |
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http://www.state.il.us/court/Opinions/SupremeCourt/2002/June/Opinions/Html/89497.htm
(5407 words)
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| | Kennedy v. Southern California Edison |
| | Rutherford addressed the adequacy of these instructions and altered the landscape of California tort law, as it applies to the burden of proof to establish causation for asbestos-induced cancer, when it held that BAJI 3.76 and 3.77 must be augmented by an additional instruction. | | | Further, since causation was not adequately proven, we need not consider the applicability of California strict liability law. | | | Having rejected burden-shifting, the California Supreme Court was presented with a Gordian knot of its own making: traditional causation principles presented asbestos-related cancer patients with insuperable barriers to recovery, yet the court had rejected alternative liability as being unsuited for these types of cases. |
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http://www.law.com/regionals/ca/opinions/sep/9856157.shtml
(3068 words)
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| | A Stitch in Haste Gunmaker Liability Shield May -- and Should -- Become Law |
| | It is a fundamental rule of tort law that liability requires proximate causation (i.e., the defendant must be sufficient close to the chain of events to be held liable for his actions). | | | And it is a fundamental rule of proximate causation that criminal acts by third parties are never foreseeable — they break the chain of proximate causation. | | | The piece is misguided in that it falls into the trap of worshipping the false god of "federalism." State "sovereignty" does not include the power to force defendants to endure frivolous lawsuits or to be derelict in their "sovereign" duty to enforce basic tort principles. |
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http://kipesquire.powerblogs.com/posts/1122488550.shtml
(1564 words)
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| | John Stuart Mill [Internet Encyclopedia of Philosophy] |
| | The uniformity in the succession of events, otherwise called the law of causation, must by received, not as a law of the universe, by of that portion of it only which is within the range of our means of sure observation, with a reasonable degree of extension to adjacent cases. | | | Mill cannot avail himself of the theory that the law of universal causation is an intuition of reason or an a priori and transcendental principle. | | | That there is something real in this tie, real as the sensations themselves, and not a mere product of the laws of thought without any fact corresponding to it, I hold to be indubitable. |
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http://www.utm.edu/research/iep/m/milljs.htm
(1564 words)
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