Congress, which enacted RICO, with knowing the interpretation federal courts had given the words earlier Congresses had used...." (196) Further confusion is invited because modern iterations of proximate cause separate the concept from factual cause, while earlier versions of legal cause
encompassed both inquiries.
To make matters worse, the term "legal cause
" is sometimes used interchangeably with "proximate cause." Reflecting this complexity, the California Supreme Court now disallows confusing jury instructions regarding proximate cause, requiring instead that the jury be simply directed to determine whether the defendant's conduct was a contributory factor in the plaintiff's injury (Mitchell v.
17 of last year, he 'made the decision based on good, sufficient and legal cause
to order the arrest of Michael Lacey and Jim Larkin,'" the Republic reported.
Courts generally have found that the issue of whether a defendant's conduct was a proximate cause in bringing about the plaintiff's injuries is a question for the jury; however, where only one conclusion may be drawn from the established facts, the question of legal cause
may be decided as a matter of law.
Alternatively, a defendant may argue, that the actions of that group or person(s) directly harmed the victim and were the sole cause of the plaintiff's injuries such that there can be no other legal cause
(e.g., the alleged action or inaction of the defendant).
But while Padilla remained in the dark, his case became a legal cause
It is merely a preceding factual cause that puts her at risk for becoming pregnant." (20) This is so because "pregnancy is a condition that follows absolutely from the presence of a fertilized ovum in a woman's body." (21) This being the case, she continues, "we can identify the fertilized ovum to be the legal cause
of a woman's pregnancy state." (22) In the eyes of the law, too, therefore, "the fertilized ovum should be the legal cause
of a woman's pregnancy." (23)
Nurse Brown filed a Petition for Appeal from her termination, denying all of the allegations and averring that the disciplinary action was unwarranted and unjustified because there was no legal cause
(i.e., impairment to the efficiency of the public service) sufficient to justify disciplinary action.
Second--but only if the answer to the first question was yes--they ask whether the defendant's negligence was the "legal cause
" of the plaintiff's injury.
it then becomes the duty of the defendant to prove, by a preponderance of the evidence, that defendant's negligent failure to obtain access to the hammer was not a legal cause
of damage to plaintiff.
The rule reads, "After the umpire calls "Play" the ball is alive and in play and remains alive and in play until for legal cause
, or at the umpire's call of "Time" suspending play, the ball becomes dead.
However, a state court did not find that the woman's exposure to smoke was a legal cause
of her medical problems, which also include chronic sinusitis and bronchitis.