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Questions and Answers
What does Res Ipsa Loquitur mean?
What does Res Ipsa Loquitur mean?
the thing speaks for itself
Res Ipsa Loquitur is a doctrine of evidence based on what?
Res Ipsa Loquitur is a doctrine of evidence based on what?
mysterious manner of causing harm to the plaintiff that is not necessarily identifiable
What allows a plaintiff to establish a prima facie claim of negligence based solely on?
What allows a plaintiff to establish a prima facie claim of negligence based solely on?
circumstantial evidence
In a Res Ipsa Loquitur situation, the harm arose is today it was _________ ________ ________ ______ that the defendant was negligent.
In a Res Ipsa Loquitur situation, the harm arose is today it was _________ ________ ________ ______ that the defendant was negligent.
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Where does Res Ipsa Loquitur often apply?
Where does Res Ipsa Loquitur often apply?
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The doctrine of Res Ipsa Loquitur applies to accidents that occur frequently without anyone's fault.
The doctrine of Res Ipsa Loquitur applies to accidents that occur frequently without anyone's fault.
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Match the traditional elements of Res Ipsa Loquitur:
Match the traditional elements of Res Ipsa Loquitur:
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Match the modern elements of Res Ipsa Loquitur:
Match the modern elements of Res Ipsa Loquitur:
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What does Res Ipsa Loquitur serve as?
What does Res Ipsa Loquitur serve as?
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What are the two functions of Res Ipsa Loquitur?
What are the two functions of Res Ipsa Loquitur?
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What does it mean when it warrants inference of negligence?
What does it mean when it warrants inference of negligence?
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What does it mean when it warrants presumption of negligence?
What does it mean when it warrants presumption of negligence?
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According to the principle of circumstantial evidence, what must the event be such that it gives rise to an inference that someone must have been negligent?
According to the principle of circumstantial evidence, what must the event be such that it gives rise to an inference that someone must have been negligent?
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Why is there no theory of breach in warrants inference of negligence?
Why is there no theory of breach in warrants inference of negligence?
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Circumstantial evidence must conclude that negligence is the ________ ___________ of the accident, not the only cause.
Circumstantial evidence must conclude that negligence is the ________ ___________ of the accident, not the only cause.
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What must a defendant prove in a Res Ipsa Loquitur case?
What must a defendant prove in a Res Ipsa Loquitur case?
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Study Notes
Res Ipsa Loquitur Overview
- Res Ipsa Loquitur translates to "the thing speaks for itself," indicating that the circumstances of an event provide evidence of negligence.
- It is a doctrine of evidence that applies when harm to the plaintiff occurs in a mysterious way without clear identification of the cause.
Application and Evidence
- Plaintiffs can establish a prima facie claim of negligence using circumstantial evidence instead of direct evidence.
- Situations where Res Ipsa Loquitur is applicable often involve accidents with unclear causes, such as incidents occurring in medical facilities.
Elements of Res Ipsa Loquitur
- Traditional elements include:
- The accident type does not normally occur without negligence.
- The defendant had exclusive control over the instrumentality causing the harm.
- The plaintiff did not contribute to the accident.
- Modern elements adjust the requirement of exclusive control and allow for comparative negligence.
Functions and Implications
- Res Ipsa Loquitur serves as a hybrid doctrine that merges care analysis with causation analysis.
- It performs two key functions:
- Warrants an inference of negligence, allowing the jury to determine negligence without requiring the defendant to defend against the claim.
- Warrants a presumption of negligence, necessitating the defendant to refute plaintiff accusations or risk a directed verdict in favor of the plaintiff.
Jurisdiction and Legal Dynamics
- In comparative negligence jurisdictions, plaintiffs do not need to prove total blamelessness; they must only show the defendant has superior fault.
- The principle of circumstantial evidence leads to inferences that negligence must have occurred based on ordinary experience.
Inference and Responsibility
- In scenarios where there is an inference of negligence, there is no direct evidence of a breach of duty, as no clear negligent act can be identified.
- Circumstantial evidence must suggest that negligence is the probable cause of the accident, rather than the sole cause.
- Defendants can defend themselves by proving they:
- Did not cause the harm.
- Were not negligent.
- Did not owe a duty to the plaintiff.
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Description
Test your knowledge of the legal doctrine 'Res Ipsa Loquitur' through these flashcards. Each card provides key definitions and concepts related to this important evidentiary principle in law. Perfect for law students looking to strengthen their understanding of negligence and circumstantial evidence.
