Latin for Lawyers

L ATIN FOR L AWYERS

RES IPSA LOQUITUR [L. res + ipsa / self, itself + loquor , loqui / to speak] The thing speaks for itself. A tort doctrine, embedded in a rule of evidence, which enables the trier of facts to infer negligence on the part of the defen dant when the following factors are present: there is an accident; the accident would not reasonably have occurred without negligence by someone; the accident was caused by an agency or instrument within the exclusive control of defendant; and the plaintiff did not contribute to the accident, either volun tarily or through his own negligence. If these elements are present, a motion for summary judgment by the defendant will be denied. The rule shifts the burden of proof from the plaintiff to the defendant, who has to present evi dence rebutting the presumption that the accident was caused by his negli gence or that the instrumentality causing the accident was in his exclusive control. The phrase is often shortened to res ipsa . RES JUDICATA [L. res + iudico , iudicare / to judge, decide] Literally, the thing has been decided; the matter has been adjudged. A doc trine which dictates that matters litigated between the parties in one action or proceeding may not be litigated again between the same parties; i.e., once a final judgment on the merits has been rendered by a court of competent juris diction, it is conclusive as to the parties involved and the matters litigated. See COLLATERAL ESTOPPEL RES JUDICATA PRO VERITATE ACCIPITUR A matter which has been tried and adjudicated should be accepted as true. RES NOVA [L. res + novus , nova / new, fresh] Literally, a new thing. In the law, a res nova is an undecided issue or question, a case of first impression. The term res integra is sometimes used instead, with the same meaning, especially in England. See RES INTEGRA RESOLUTION [L. resolvo , resolvere / to loosen, untie, dispel, cancel, end] The act of reducing complex issues into simpler ones; to make a question clear and understandable. Also, the formal statement of a decision or ballot, e.g., the resolution of a committee or board. In the law, the formal expression of the will or opinion of a legislative body on a particular matter or subject, having an effect just short of a statute or law. Example: a resolution of Con gress asking the President to take some executive action or expressing its opposition to some action by the President. Also, the formal expression of some action or decision of the board of directors of a corporation or of any social or political organization.

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