Causal Connection

Causal Connection

 

in law, a connection between the behavior and actions (or inaction) of a person and the consequences of such behavior or actions. In Soviet criminal law, the question of a causal connection arises when a person is charged with responsibility for an offense, and harmful consequences resulting from such an offense are considered by law to be elements of the crime. For example, art. 211 of the RSFSR Criminal Code provides for criminal responsibility for violations of traffic regulations and regulations concerning utilization of motor transport or urban electrical transport if the violation results in death, severe bodily injury, or substantial material loss. The absence of a causal connection between the illegal action (or inaction) and harmful results excludes the possibility of criminal responsibility. The fact that a causal connection is established is not sufficient to decide the question of criminal responsibility, since the accused can be held responsible for the harmful consequences of his behavior only if those consequences were caused deliberately or through negligence.

References in periodicals archive ?
In a former employee's FMLA retaliation suit, a supervisor's comment that he was going to get rid of "the old, the sick, [and] the people taking a lot of time out from work" was sufficient to establish a causal connection between the plaintiff's 2013 FMLA leave and his termination eleven months later.
West Bend argues the court of appeals erred when it determined: (1) Abbott's complaint2 alleged a causal connection between the advertising activity and injury; and (2) the knowing violation exclusion did not apply.
'In order to establish the liability of Ubial for the crime charged, it must be shown that there is a direct causal connection between such negligence and the death complained of,' the resolution signed by Investigating Assistant State Prosecutor Claire Eufracia Pagayanan stated.
"In order to establish a prima facie case of FMLA retaliation, Eichenholz must establish that: (1) he availed himself of a protected FMLA right; (2) he was adversely affected by an employment decision; and (3) there was a causal connection between his protected conduct and the adverse employment action.
The causal connection in retaliation claims can also be shown through circumstantial evidence such as disparate treatment of fellow employees who engage in similar conduct.
In this case, the teacher was walking, which she would have been equally exposed to outside of her classroom, but the court found a causal connection because she was "moving" at work when the peril struck.
Experts have long theorised that a causal connection existed between the two but this has never been proven conclusively, claim researchers.
The phrase "causal connection" as it relates to workplace injuries was put to the test in a Minnesota Supreme Court opinion published last week.
The appeals court continued, "Thus, we now turn to our Supreme Court's order to consider "whether the (https://www.claimsjournal.com/news/southeast/2016/11/01/274558.htm) causal connection between the plaintiff's injuries and the maintenance of a motor vehicle as a motor vehicle is more than incidental, fortuitous, or 'but for.'""
"The study is not a prescription for a specific type or amount of exercise and because the results come from an observational study, Ingelsson said, adding that "we can't definitely claim a causal connection." Nonetheless, the researchers said the data is robust and the results are worthy for consideration in guidelines.
While Friedman acknowledged a manslaughter conviction in a similar case is possible, prosecutors in Thomas' case failed to establish a causal connection between the heroin sale and Maltrey's death.
"Without a 22-year randomized controlled trial assigning only parts of a national population to live under the National Firearms Agreement, establishing a definitive causal connection between this legislation and the 22-year absence of mass firearm homicides is not possible," the authors write.