When Would a Defendant Use the Doctrine of Res Ipsa

question 47

Multiple Choice

When would a defendant use the doctrine of res ipsa loquitur?

• A) To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
• B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
• C) To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
• D) To allow the judge and jury to presume the plaintiff destroyed evidence.
• E) To allow the judge to hold the defendant liable under a strict liability theory.

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Definitions:

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A region of the brain that plays an important role in motor control, coordination, and sensory integration.

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The complex brain structure found in mammals, characterized by a well-developed neocortex, prefrontal cortex, and various other specialized areas.