Dictionary of Law
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proximate cause :: legal definition


Proximate cause - n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter.

See also: intervening cause negligence and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
summons :: n. a document issued by the court at the time a la ... use service service of process writ
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.