Which of the Following Is an Incorrect Statement Regarding the Doctrine

question 73

Multiple Choice

Which of the following is an incorrect statement regarding the doctrine of res ipsa loquitur?

• A)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence.
• B)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that other responsible causes,including the conduct of third parties and the plaintiff,have been sufficiently eliminated.
• C)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that the indicated negligence is within the scope of the defendant's duty to the plaintiff.
• D)The plaintiff's proof of all the elements of res ipsa loquitur requires a finding of negligence.
• E)Once the plaintiff has demonstrated all of the elements of res ipsa loquitur,the burden of proof shifts to the defendant.

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Definitions:

Divergent Thinking

A thought process or method used to generate creative ideas by exploring many possible solutions.

Journaling Method

A technique for personal reflection and record-keeping that involves regular writing of experiences, thoughts, and feelings.

Reflection Journal

A personal record in which individuals write down their experiences and reflect upon them to gain insights.

Learning Dimension

Aspects or areas of the learning process, such as cognitive, emotional, and social dimensions that affect how learning occurs.