Washington Jury Instruction - Computer Fraud Injury To United States
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FAQ
Proximate Cause: Some courts have scrapped but-for cause altogether, and simply apply the doctrine of proximate cause. Under this test, a defendant whose actions are closely enough related to the result is guilty.
The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.
WPI 160.02 (7th ed.) A party who alleges [fraud] [ ] has the burden of proving each of the elements of [fraud] [ ] by clear, cogent, and convincing evidence.
The nine mandatory elements of fraud are: 1) someone made a statement of existing fact; 2) that fact was material in nature; 3) the statement about the fact was false; 4) the person making the statement knew it was false; 5) you did not know the statement was false; 6) the person making the statement wanted you to rely ...
The question of proximate cause in most tort cases is to be resolved by the jury. The jury is the finder of fact. The jury is called upon to decide whether the negligent conduct was a near cause. If the jury answers that question with a Yes then the plaintiff wins.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
The most common way to determine proximate cause is by asking yourself the following question: was the victim's injury a foreseeable consequence of the defendant's action? If the answer is 'yes,' then you can conclude that the act was the proximate cause of the injury.