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What does 'res ipsa loquitur' signify?

A legal doctrine that infers negligence from the very nature of an accident

'Res ipsa loquitur' is a Latin phrase that translates to "the thing speaks for itself." This legal doctrine is important in tort law, particularly in negligence cases. It signifies that negligence can be inferred from the very nature of the accident, especially when the event that caused harm ordinarily does not occur without negligence.

For instance, if a surgical instrument is left inside a patient during surgery, it can be assumed that negligence occurred, as such an event typically does not happen in the absence of negligence by the surgical team. In this way, 'res ipsa loquitur' allows a plaintiff to establish a presumption of negligence without having to provide direct evidence of the defendant's specific actions or intentions.

The other options do not relate to the definition of 'res ipsa loquitur.' Methods of jury selection pertain to the process of determining the jurors who will hear a case, stipulations in contracts are agreements made between parties regarding certain terms, and forms of evidentiary privilege deal with the legal protections surrounding certain communications and documents. All these concepts are distinct from the inference of negligence that 'res ipsa loquitur' addresses in tort law.

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A method of jury selection

A stipulation in a contract

A form of evidentiary privilege

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