 The third and fourth sets of problems stem from the inability of the counterfactual test to match what for most of us (including judges) are firm causal intuitions. The third set of problems arises because the counterfactual test seems too lenient in what it counts as a cause. The criticism is that the test is thus overinclusive. The fourth set of problems arises because the counterfactual test seems too stringent in what it counts as a cause. The criticism here is that the test is underinclusive.