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Res Ipsa Loquitur Test

6 October, 2015 - 16:01

Res ipsa loquitur means “the thing speaks for itself.” 1 The res ipsa loquitur test, also called the unequivocality test, analyzes the facts of each case independently. Under res ipsa loquitur or unequivocality, the trier of fact must determine that at the moment the defendant stopped progressing toward completion of the offense, it was clear that the defendant had no othepurpose than commission of the specific crime at issue. This determination is based on the defendant’s act—which manifests the intent to commit the crime. 2