Proof of Causation in Fact

This exercise builds upon the tutorial entitled Causation in Fact and that lesson should be completed prior to this exercise. In this exercise, the evidentiary burdens of proof are considered in relation to the use of direct and circumstantial evidence and the use of expert testimony. The exercises illuminate issues surrounding problems of proving who or what caused the plaintiff's harm. Burden shifting devices employed by courts in special situations are also considered.

Learning Outcomes

On completion of the lesson, students will be able to:

1. Explain the plaintiff's burden of proof with respect to the element of cause in fact.
2. Describe evidentiary burdens of proof in relation to the use of direct and circumstantial evidence.
3. Analyze issues in problems of proving who or what caused the plaintiff's harm.