Res ipsa loquitur

There are numerous questions surrounding the idea of using philosophy in education. One of the main questions ponders whether or not, when teaching philosophically, if we are giving our students too much freedom and if they need a more structured environment to learn. In order for students to learn effectively, they must be educated by philosophy and their teachers must serve as philosophical educators. In the next few paragraphs, I will explain the basis of using philosophy in education and how…

The Res Gestae Divi Augusti, which in English means ‘The Achievements of the Deified Augustus,’ was written by the first Roman emperor Augustus as a biographical account of his life just before his death in 14 CE. Because the document was written in first person, it lent Augustus the ability to portray himself and his rule precisely the way he wished it to be remembered. The original text was displayed on two bronze tablets set in front of the mausoleum of Augustus in Rome, though multiple other…

The Tree of Life is a subtle film that intricately links together the world while discussing vast concepts. One such concept, the way of nature, is personified through Brad Pitt’s character; he is a man who acts in primal animalistic ways, and consistently lets these emotions get the better of him. This motif has been explored in many films prior to Terrence Malick’s masterpiece and previous directors’ efforts by no means come close to the beauty of Malick’s film. Many of the films of the…

The featured documentary ‘Side by Side’ was an enjoyable, informative documentary that discussed the history of the film industries use of emulsion film and the cautionary switch-over to the new digital movie format. Beginning in the late 1800’s with continued development of emulsion roll film by Eastman and the pioneering photography work of Edweard Muybridge and Louis Le Prince the advent of capturing and projecting moving images was at hand. The documentary covers the important developments…

There are many Non-Governmental Organization being established by people who are trying to help others that are in a dire situation. These organization are usually seen in action in countries that are consider poor or countries that are struck by a terrible natural disaster. People from all over the world donate money to those organization so that these organization can use these money to help people in those countries, medically and also help them rebuild houses. However, are those so call…

The Hope for the Hopeless Light in illness Have you ever been so sick that you feel as if you are going to die? All you can do is lay in bed helplessly and wait for your body to heal itself due to our strong immune system. We get to skip school and go to our doctor 's office which is usually within an hour drive. We get diagnosed with a cold or the flu and get prescribed a medication and are on our way home within the next hour or so. We get to go home and fight off the illness. We eventually…

The principles relating to the application of the doctrine of res ipsa loquitur in general, are well settled and applied consistently. The maxim Res Ipsa Loquitor, allows the claimant to succeed in action for negligence even when there is no evidence as to what caused the accident and whether it was attributable to negligence on the part of the defendant. It shifts the onus of burden to the defendant. In its shift from the general maxim of - ei incumbit probatio qui dicit, non qui negat (the…

estopple requirement of facing a detriment, he may be eligible to receive compensatory damages. In this case, the estate would likely owe Jeremy $500 but not $40,000. 2. The issue in this case is whether res ipsa loquitur should be applied in the instance of a fire in a hotel room. Res ipsa loquitur requires that four distinct requirements be met. The first requirement is that there can be no direct evidence of the defendant’s conduct. In the current case, this burden is fulfilled. Since,…

Describe the elements that the plaintiff’s attorney had to establish under the doctrine of res ipsa loquitur. Res ipsa loquitur is a legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to prove all 3 elements in order to shift the…

Has there ever been accidents that defendants have done that is so negligent, that when people hear about it they simply cannot help but shake their heads and ask “what were they thinking of?” The term res ipsa loquitur is very similar to that type of thinking. Res ipsa loquitur is derived from the Latin language and when translated means “the thing speaks for itself” It is a doctrine that specifies that a breach of a party's duty of care may be concluded from the events that occurred…