Law Students

The Case For A New Res Ipsa Loquitur: ?It Is What It Is?

By Casebook Sherpa

We here at Fight The Hypo are on the cutting edge of legal reform, committed as we are to justice, freedom, and the rule of law. Here’s an example of our innovative and forward-looking thinking for dealing with the critical challenges facing our legal system.

Replace the obscure, outdated Latin phrase “res ipsa loquitur” with the more modern English phrase “it is what it is.”

Granted, I have just learned what “res ipsa loquitur” means. So, while I may have less experience than more seasoned attorneys, what I’m asking for here is a vote for change we can all believe in. And while the common law’s currency is experience, in this case, experience is merely a millstone dragging the law into the depths of confusion.

If I had been there when they chose the phrase, I would have voted differently. In fact, I was always against granting judges the blanket authority to invent Latin phrases. I could have told them it was a losing cause and a dying language. But we have to look forward, not back. So, here’s my case for why centuries of common law parlance must yield to new realities we face.

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Full post as published by Fight The Hypo on February 15, 2008 (boomark / email).