1. The causing or producing of an effect (the plaintiff must prove causa-tion).
2. CAUSALITY.
“Here is the key to the juridical treatment of the problems of causation. We pick out the cause which in our judgment ought to be treated as the dominant one with reference, not merely to the event itself, but to the jural consequences that ought to attach to the event.” Benjamin Cardozo, The Paradoxes of Legal Science 83 (1928).
negative causation. Securities. The defense that part of the plaintiff’s damages were caused by factors other than the depreciation in value of the securities resulting from registration-statement defects. • If negative causation is proved, the plaintiff’s damages should be reduced. 15 USCA § 77k(e). [Cases: Securities Regulation 25.21(5). C.J.S. Securities Regulation § 89.]
transaction causation. Securities. The fact that an investor would not have engaged in a given transaction if the other party had made truthful statements at the required time. [Cases: Securities Regulation 60.47. C.J.S. Securities Regulation §§ 208–210, 215.]
