Causation
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Defendant’s conduct is both the actual and proximate cause of Victim’s injury, thereby establishing causation sufficient for criminal liability.
Analysis
R: In criminal law, the prosecution must establish both (1) actual causation (cause-in-fact) and (2) proximate causation (legal cause) to prove that the defendant’s conduct caused the injury. Both components are necessary to satisfy the causation element of criminal liability.
1. Actual Causation
R: To satisfy actual causation, the defendant’s conduct must be a factual cause of the injury. Actual causation exists if the injury would not have occurred “but for” the defendant’s act. In situations where multiple potential causes exist, actual causation may still be found if the defendant’s conduct was a substantial factor (a significant contributing cause) in bringing about the injury, even if other independent causes were present.
A: Here, [apply rule to facts].
C: Therefore, Defendant’s conduct [was/was not] the actual cause of the injury.
2. Proximate Causation
R: Proximate causation (or legal causation) limits liability to situations where the defendant’s conduct is closely related to the resulting harm. Proximate cause exists if the injury was a foreseeable outcome of the defendant’s conduct, meaning it was a natural and probable consequence. If the injury was within the scope of risks created by the defendant’s conduct, proximate causation is established.
A: Here, [apply rule to facts].
C: Therefore, Defendant’s conduct [was/was not] the proximate cause of the injury.
a. Intervening Cause
R: An intervening cause can affect proximate causation if it breaks the causal chain between the defendant’s conduct and the injury. Generally, the defendant remains legally responsible unless the intervening act was so unforeseeable or extraordinary that it would be unjust to impose criminal liability. Common law distinguishes between dependent intervening causes (which are usually foreseeable and do not break the chain) and independent or superseding intervening causes (which can break the chain if unforeseeable).
A: Here, [apply rule to facts].
C: Therefore, the intervening cause [did/did not] break the chain of causation.
Conclusion
C: Therefore, since Defendant’s conduct [was both the actual and proximate cause of Victim’s injury, thereby establishing causation sufficient for criminal liability/was not both the actual and proximate cause of Victim’s injury, criminal liability is not established].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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