Court Reporter Practice Exam

What is the meaning of "res ipsa loquitor"?

1. The matter is resolved

2. The thing speaks for itself

3. The situation is evident

4. The evidence is clear

The correct answer is: The thing speaks for itself

The phrase "res ipsa loquitor" is a legal doctrine that translates from Latin to "the thing speaks for itself." This concept is often used in tort law, particularly in cases of negligence, where the circumstances surrounding an incident may imply that negligence has occurred without needing direct evidence of the defendant's actions. In practical terms, it suggests that the event in question is so obvious that it requires no further explanation or evidence to demonstrate that a defendant is likely responsible for the harm caused. For example, if a surgical instrument is left inside a patient after an operation, the situation itself clearly indicates negligence without needing detailed proof of what went wrong during the surgery. The other choices do not accurately capture the essence of the phrase. "The matter is resolved" implies a conclusion has been reached, which does not reflect the context of negligence. "The situation is evident" and "The evidence is clear" suggest clarity or understanding but do not convey the strong sense of implied causation that "the thing speaks for itself" does. Therefore, the correct choice effectively embodies the doctrine's significance within legal contexts.