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The harm principle is also found in recent US case law - in the case of the People v Alvarez, from the Supreme Court of California, in May, 2002: In every criminal trial, the prosecution must prove the corpus delicti, or the body of the crime itself - i.e., the fact of injury, loss, or harm, and the existence of a criminal agency as its cause.
As a legal term, injury is a harm done to a person due to acts or omissions of other persons. Harm may be of various kinds: bodily injury , psychological trauma , loss of property or reputation, breach of contract , etc. Injury may give rise to civil tort or criminal prosecution.
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause.
A risk theory is not strictly a theory built on notions of cause at all, as, by definition, the person who caused the injury could not be ascertained for certain. However, it does show that legal notions of causation are a complex mixture of factual causes and ideas of public policy relating to the availability of legal remedies.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. [1] In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (the plaintiff in American jurisdictions or claimant in English law) has suffered harm to their ...
Civil and criminal law were not clearly delineated in Ancient Chinese law as they are in modern legal systems. Therefore, while Tort Law was not a distinct area of law, concepts familiar to tort law were present in the criminal laws. [74] However, by the late feudalism period, personal injury and property damage torts were mostly focused on ...
Harm reduction, or harm minimization, refers to a range of intentional practices and public health policies designed to lessen the negative social and/or physical consequences associated with various human behaviors, both legal and illegal. [10] Harm reduction is used to decrease negative consequences of recreational drug use and sexual ...
causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. [6] Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages. [6]