Actual Cause
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 was the actual cause of the Plaintiff’s injury.
Analysis
A. Single Defendant
R: The defendant is the actual cause of the plaintiff’s injury if it would not have occurred but for the defendant’s tortious conduct.
A: Here, [apply rules to facts].
B. Multiple Defendants or Causes
R: When a defendant’s conduct, along with another’s conduct, contributes to the plaintiff’s indivisible injury, each of which alone would have been a factual cause of that injury, the defendant is the actual cause of the plaintiff’s injury if the defendant’s tortious conduct was a substantial factor in creating the harm.
A: Here, [apply rules to facts].
C. Unknown Actor among a Group
R: Further, if one of a small number of defendants caused the plaintiff’s harm, each of whose conduct was tortious and all of whom are present before the court, the court may shift the burden of proof to each individual defendant to prove that their conduct was not the cause in fact of the plaintiff’s harm.
A: Here, [apply rules to facts].
D. Known Actor among a Group with a Common Plan
R: If two or more tortfeasors were acting pursuant to a common plan or design, and the acts of one of them tortiously caused the plaintiff’s harm, then all defendants are jointly and severally liable.
A: Here, [apply rules to facts].
Conclusion
C: Therefore, Defendant’s conduct [was/was not] the actual cause of the Plaintiff’s injury.
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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