Res
gestae
Latin for "things done." A peculiar rule, used mostly in criminal
cases, which allows hearsay if the statement is made during the excitement
of the litigated event. For example, the words "stick 'em up!"
used during an armed robbery would be admissible in evidence under the
res gestae rule. So, too, would spontaneous statements made by the defendant
during or right after the crime. Some laws even allow res gestae statements
to be introduced in evidence in special kinds of prosecutions. For example,
in child sexual abuse cases, the statement made by a child to another
person may be allowed as evidence even though, technically, it offends
the rule against hearsay. This is to recognize the trauma of having
a child testify in open court on the subject of her or his abuse. Res
gestae evidence usually requires a voir dire hearing before it is admissible
unless the defense allows it to be put on the trial record unchallenged.
Res
ipsa loquitur
A word used in tort to refer to situations where negligence is presumed
on the defendant since the object causing injury was in his or her control.
This is a presumption which can be rebutted by showing that the event
was an inevitable accident and had nothing to do with the defendant's
responsibility of control or supervision. An example of res ipsa loquitur
would be getting hit by a rock which flies off a passing dump truck.
The event itself imputes negligence (res ipsa loquitur) and can only
be defeated if the defendant can show that the event was a total and
inevitable accident.
Respondent
The party that "responds to" a claim filed in court against
them by a plaintiff. The more common term is defendant. The word is
also used to refer to the party who wins at the first court level but
who must then respond to an appeal launched by the party that lost the
case at the first court level (upon appeal, this latter person is called
the appelant).
Restitutio
in integrum
Latin for restitution to the original position. In contract law, upon
breach of contract, the injured party may ask the court to reverse the
contract and revert the parties to their respective positions before
the contract was accepted. But if the court finds that restitutio in
integrum is not possible because of actions or events occurring since
the date of acceptance, then the court may order that damages be paid
instead.
