Sentences with phrase «ipsa loquitur»
Counsel for the appellant agreed that he could not rely on res ipsa loquitur on the facts of this case and he limited himself to the two submissions to which we have referred.
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Which is simply to say res non ipsa loquitur.
California applies State Farm Mutual Automobile Insurance v. Campbell Main Res ipsa loquitur redux»
The court explained that the mere possibility that «some external force» could have made him lose control of the line was not a sufficient reason to reject res ipsa loquitur in this case, since there was no evidence of an unusual external force.
The doctrine of res ipsa loquitur means «the thing speaks for itself.»
Florida has codified the doctrine of res ipsa loquitur when a foreign item inadvertently remains in a body following surgery, or a medical or diagnostic procedure.
A classic example of the type of case in which res ipsa loquitur arises is one in which a medical instrument is left inside a person following surgery.
In fact, it almost reads like a restatement of the concept of res ipsa loquitur, which had been done away with in Fontaine v. British Columbia (Official Administrator), 1998 CanLII 814 (SCC).
Johnson said: «It is perfectly true that I had thought «res ipsa loquitur» [the matter speaks for itself], just get on and do the job, but I was conscious that people wanted me to contribute to the public debate.
As they would say over in Legal, «res ipsa loquitur».
In Cassidy, primary liability allowed the negligence of the professional to not even be examined: res ipsa loquitur was accepted.
Res ipsa loquitur is not an independent claim but instead a way of proving a plaintiff's case.
However, a federal court of appeals reversed, finding the woman made a sufficient showing of «res ipsa loquitur.»
Under Connecticut law, there are two requirements for the application of res ipsa loquitur.
Latin terms like alibi, amicus curiae, bona fide, quorum, de minimis, ex parte, habeas corpus, nolo contendere, prima facie, res ipsa loquitur, stare decisis, and voir dire arguably are examples of void - filling Latin words (though Garner points out that if your reader is a non-lawyer, it might be preferable to use friend of the court instead of amicus curiae, and doctrine of precedent instead of stare decisis).
Examples of void - fillers are alibi, amicus curiae, de minimis, ex parte, habeas corpus, prima facie, res ipsa loquitur, stare decisis, and voir dire.
In the Supreme Court of Florida case, Dockswell v. Bethesda Memorial Hospital, Inc., the court referenced that under common law, this shifting of the burden is known as res ipsa loquitur, which means that the thing, such as the existence of negligence, speaks for itself.
If a patient is injured following a medical procedure, and can not distinguish precisely what caused the injury, but knows that such an injury would not have occurred without negligence, the plaintiff might be able to invoke the legal doctrine of res ipsa loquitur.
Sometimes, a legal doctrine called «res ipsa loquitur» comes into play.
You undoubtedly learned how to conduct legal research, write memorandums of law, and define «res ipsa loquitur.»
Our Baltimore personal injury lawyers break down the real meaning of such legal terms as contributory negligence, res ipsa loquitur, respondeat superior and scores of other tort law jargon in easy - to - understand language.
The encounter with Latin will be especially true for us in law, where tags in that language are rife: res ipsa loquitur, cur.