Law to Fact

Res Ipsa Loquitur


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In this episode…
Lawrence Levine, Director of the Summer Program in Salzburg and Professor of Law at  McGeorge School of Law explains the Tort concept of Res Ipsa Loquitur.

Some key takeaways are…
Res ipsa loquitur is a type of circumstantial evidence for proving negligence.

To prove res ipsa loquitur one must show:

  1. The harm would not have happened but for a negligent act
  2. The defendant most likely had control over the instrumentality that caused the harm

Do not get intimidated by latin phrases. 

About our guest…
Professor Lawrence Levine is the Director of the Summer Program in Salzburg and Professor of Law at  McGeorge School of Law where he teaches Torts, Sexual Orientation and the Law and Legal Profession.  After graduating from the University of California, Hastings College of the Law with honors, Professor Levine clerked for Judge Eugene F. Lynch (U.S. District Court, Northern District of California). He then was an associate with Morrison & Foerster in San Francisco for two years. Professor Levine was also an adjunct faculty member of UC Hastings College of Law before coming to McGeorge in 1985. Professor Levine has authored several books and articles on the subject of torts. He is the co-author of A Torts Anthology and is a co-author of the torts treatise, Understanding Torts, and a torts casebook, Tort Law and Practice.  Professor Levine lectures on Criminal Law for Kaplan Bar Review. 

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Law to FactBy Professor Leslie Garfield Tenzer

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