TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P20

Gale Encyclopedia of American Law Volume 8 P20 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 178 PROXIMATE CAUSE resentment in another person that may cause that person to engage in an illegal act. Provocation may be alleged as a defense to certain crimes in order to lessen the severity of the penalty normally imposed. For example provocation that would cause a reasonable person to act in a heat of passion a state of mind where one acts without reflection may result in a reduction of a charge of murder to a charge of voluntary manslaughter. PROXIMATE CAUSE An act from which an injury results as a natural direct uninterrupted consequence and without which the injury would not have occurred. Proximate cause is the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause. To help determine the proximate cause of an injury in NEGLIGENCE or other TORT cases courts have devised the but for or sine qua non rule which considers whether the injury would not have occurred but for the defendant s negligent act. A finding that an injury would not have occurred but for a defendant s act establishes that the particular act or omission is the proximate cause of the harm but it does not necessarily establish liability since a variety of other factors can come into play in tort actions. Some jurisdictions apply the substantial factor formula to determine proximate cause. This rule considers whether the defendant s conduct was a substantial factor in producing the harm. If the act was a substantial factor in bringing about the damage then the defendant will be held liable unless she can raise a sufficient defense to rebut the claims. PROXY A representative an agent a document appointing a representative. A proxy is a person who is designated by another to represent that individual at a meeting or before a .

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