CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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Res Ipsa Loquitur (RIL)
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In General
............RIL Defined
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RIL defined.
RIL applicable where accident probably result of negligence by someone, and D probably responsible.
3 conditions of RIL doctrine.
Although EC 646 presumption of negligence (RIL) disappears when evidence tending to rebut the presumed fact is introduced, P may still rely on the logic of the underlying CL inference of negligence if evidence supports it.
RIL discussed generally.