#1
What does 'res ipsa loquitur' mean in Latin?
The thing speaks for itself
ExplanationSelf-explanatory principle indicating apparent negligence.
#2
Res ipsa loquitur is often used in cases involving which of the following?
Automobile accidents
ExplanationFrequently used in automobile accident cases.
#3
Res ipsa loquitur is a doctrine primarily used in which area of law?
Tort law
ExplanationDoctrine applicable in the realm of tort law.
#4
What is the literal translation of 'res ipsa loquitur' in English?
The thing speaks for itself
ExplanationDirect translation from Latin to English.
#5
What is the primary purpose of res ipsa loquitur?
To shift the burden of proof to defendants
ExplanationMain aim is to shift burden of proof to defendants.
#6
Which of the following is NOT a requirement for applying res ipsa loquitur?
The plaintiff must prove the exact cause of the harm
ExplanationPlaintiff's burden doesn't include proving exact causation.
#7
Res ipsa loquitur shifts the burden of proof to which party?
Defendant
ExplanationShifts burden of proof to defendant to explain negligence.
#8
Which legal principle is closely related to res ipsa loquitur and often applied alongside it?
Respondeat Superior
ExplanationDoctrine holding employers liable for employees' actions.
#9
In medical malpractice cases, res ipsa loquitur is often applied when?
The cause of the injury is unclear and not expected
ExplanationUsed when injury cause is obscure or unexpected.
#10
In which year was the concept of res ipsa loquitur first recognized in English law?
1863
ExplanationEstablished in English law in the year 1863.
#11
Which Latin phrase is often used to contrast with res ipsa loquitur in legal discussions?
Res Judicata
ExplanationContrasted with 'Res Judicata' in legal discourse.
#12
Which famous legal case established the modern concept of res ipsa loquitur?
Byrne v Boadle
ExplanationLandmark case solidifying the principle's application.
#13
In which jurisdiction does res ipsa loquitur originate?
England
ExplanationOriginated in English common law.
#14
Which of the following is NOT a common criticism of res ipsa loquitur?
It is rarely applicable in modern tort law
ExplanationCritics argue its infrequent modern applicability.
#15
Which legal system outside of common law jurisdictions also recognizes the concept similar to res ipsa loquitur?
Civil law system
ExplanationPresent in civil law systems alongside common law.
#16
Which of the following is a translation of res ipsa loquitur in German law?
Das Ding spricht für sich
ExplanationGerman equivalent translates to 'The thing speaks for itself.'
#17
Which legal scholar is credited with popularizing the doctrine of res ipsa loquitur in the United States?
Benjamin N. Cardozo
ExplanationCardozo played a key role in popularizing the doctrine.