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Study 74 criminal law midterm flashcards from darren n on studyblue. Actual causation : the defendant’s act must have been the “cause in fact” of the victim’s death without the defendant’s actions, the victim would not. Criminal law, summer 2008 professor dewolf sample answer to midterm exam multiple choice mc 1 a sorry, that's incorrect possession is a conduct element. Past exams staff: law library faculty and top from criminal law criminal fall 2002 - final exam professor durham - fall 2002 - second midterm professor. The defendant’s act must have been the “cause in fact” of the victim’s death without the defendant’s actions, the victim would not have died “but for.