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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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Mostlylegal
12:56
did i fool you?!
noreaster
12:57
husband coming to live with me this summer
noreaster
12:57
woohoo
first power bottom president... besties we had JFK
noreaster
12:58
^
HOW COULD I FORGET RIP JFK YOU WOULD'VE LOVED $2 DRINK NIGHT IN THE GAY CLUBS
12:59
Anyone here going to Catholic or Drexel or NYLS ??
12-78-90live
13:00
Does anyone have confirmation on UConn’s class being full or not?
Mostlylegal
13:09
yeah its full, full of goobers!
they're arguing on the lawschooladmissions reddit rn about not applying to law school if you score below 150
guys i'll only say this one: do NOT apply to law school if you are only 150 rats in a trench coat pretending to be a person. everyone knows 150+ rats are needed to pass as a human being.
13:12
haha good one
i'm so glad we're finally talking about this here. the meme'ing is so good lmfao
13:13
bold of you to assume 150 rats < 1 human (infected with brain rot)
ClassyPleasantHeron
13:13
They've been arguing and memeing about that on Reddit for a few days now. All the poor sharks have waterski marks on their backs from all the jumping.
13:14
echo chamber > affirmation of beliefs > dopamine hit > mental gymnastics > think funny > 'Just trolling' > repeat. Sad state of reddit
Mostlylegal
13:14
classic nondenominational service
LMAOOOO it's so dumb man like i wish the biggest issue in my life was caring about the lsat score of others
13:16
lsat is the totem pole of law school. I for one will get a tattoo of my score to assert dominance both to peers and any teacher whom comes into contact with me
that's true honestly i saw how those rats in nosferatu can cause some damage in packs of like 50
13:17
opening line day 1 of 1L: 'So what did YOU get on the LSAT" if lower than me > wow u sugg. if higher than me > ur a liar!
Mostlylegal
13:17
who would win a >150 lsat or a law school
who will win: 50 rats or michigan admissions office
Mostlylegal
13:17
wait you guys are paying tuition???
13:18
What if 50 rats got into NDLS & NYU, ate all the apps, and both schools do not want to tell the world so they are just stalling hopeing every1 just forgets/goes somewhere else?? #RatGate
i heard barron trump ate the nyu apps that's why he's so tall
Mostlylegal
13:20
when I stand on my money im 5'11 (im 5'103/4)
13:26
Haha "Anytime I feel short, I stand on my wallet," mostly knows coins are far thicker than bills, smart man
FalseClearFlounder
13:28
Are Thursdays and Fridays more active for decisions?
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