Reber v. U.S., 951 F.2d 961 custom essay

Reber v. U.S., 951 F.2d 961 custom essay

Based on the case brief presented this applies to the issue; res ipsa loquitur. The practice of this doctrine can be said to have immense effect on the rulings that courts or jury makes regarding a given case. Generally, the conditions that may make a court consider the res ipsa loquitur doctrine has to be all in favor of the defendant. Otherwise, the doctrine might be overruled and a case conducted on the basis of the supportive concrete evidence presented before a jury.
Facts
In mobilizing the res ipsa loquitur doctrine and ensuring that the jury considers it within legal limits of the law, there are three conditions which have to preside.
1. Requires that the injury-producing event should be of a nature that does not permit it to occur without someone�s negligence. Thus, if the conditions of a case reveal that the injury-causing event occurred in absence of someone�s negligence, then the res ipsa loquitur doctrine will have low probability or even not be considered in court/jury trial rulings.
2. The element requires that the event causing the accident must be enhanced by factors that are exclusively controlled by the defendant. Thus, in cases where the forces causing the event present total independence from defendant�s control, the res ipsa loquitur doctrine will not be considered in the ruling.
3. Finally, the third condition requires that the occurrence of the event should not be founded on contribution or voluntary action from the plaintiff�s side. Therefore, if there is any way the complainant might be involved in the event, then this attracts a total omission of the res ipsa loquitur doctrine in the rulings. Hence, in the absence of the three conditions discussed above, there is no way a court can be moved into applying the res ipsa loquitur doctrine in its ruling.
Issue
The District Court hears the evidence and testimony from both parties, including expert witnesses that agree there was an accident, as a result of the accident two fisherman were killed. Who is responsible for the explosion? What is the validity of the evidence presented by the prosecutor and the defendant is required to come forth and prove this evidence wrong, which basically is considered a way of proving against the accusation. If the objections the defendant present are sustained, then this creates an avenue to impose the res ipsa loquitur doctrine to help in the defendant�s case.,,,,.

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