actual cause

Actual cause is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law . In both civil and criminal cases, actual cause is determined by the but-for cause test ; however, some jurisdictions also allow proving actual cause through alternative theories in criminal cases.

Once actual cause is established, proximate cause must also be established to return a liable/guilty verdict.

[Last reviewed in February of 2025 by the Wex Definitions Team ]

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