Nolin River Lake Topics: Interesting Trial
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Name:   Kizma Anuice The author of this post is registered as a member - Email Member
Subject:   Interesting Trial
Date:   9/25/2008 2:53:29 PM

it has always been my understanding that contributory negligence, was a common law concept used as a defense in a negligence action brought in tort. I am unfamiliar with the use of such in criminal law.

in addition most states have abandoned "contributory negligence" in favor of comparative negligence, but last I knew Alabama retained "contributory negligence"

having said that, the term "proximate cause" was also a concept from tort law. if I remember correctly from what was the proposed ALI restatement III Torts, it was determined that "proximate cause" was such an inprecise term that it should be changed to a scope of liability concept.

there were two landmark cases that dealt with this and they were either Kinsman or Kingsman Transit I and II and had to do with the what damages were actionable. a bridge got wrecked and a river blocked resulting in all sorts of chain reactions.

eventually you get to the point of the butterfly effect. as in if the butterfly had not flapped his wings would the tornado have hit a different house?

the term proximate cause was used in the statute as stated and may subject that statute to a Constitutional challenge as being "void for vagueness"
Other messages in this thread:View Entire Thread
Interesting Trial - GoneFishin - 9/22/2008 10:40:14 PM
     Interesting Trial - CAT BOAT - 9/23/2008 10:24:28 PM
          Interesting Trial - GoneFishin - 9/23/2008 10:43:10 PM
               Interesting Trial - Pier Pressure - 9/24/2008 4:30:54 PM
                    Funny PP - Summer Lover - 9/24/2008 4:46:54 PM
                         Funny PP - Pier Pressure - 9/24/2008 4:49:32 PM
                              Verdict - GoneFishin - 9/24/2008 5:52:36 PM
                                   Verdict - 4thelake - 9/25/2008 6:41:38 AM
                                        Verdict - Kizma Anuice - 9/25/2008 8:27:36 AM
                              Funny PP - Summer Lover - 9/25/2008 11:15:37 AM
                    Interesting Trial - Kizma Anuice - 9/25/2008 8:26:05 AM
                         Interesting Trial - Pier Pressure - 9/25/2008 10:37:56 AM
                              Interesting Trial - Kizma Anuice - 9/25/2008 2:53:29 PM


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