2.6: Res Ipsa Loquitur Test

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    Res ipsa loquitur means “the thing speaks for itself” (USLegal.com, 2010). 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 other purpose 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 (Hamiel v. Wisconsin, 2010).

    Example of the Res Ipsa Loquitur Test

    Harry wants to kill his wife Ethel for the proceeds of her life insurance policy. Harry contacts his friend Joe, who is reputed to be a “hit man,” and sets up a meeting for the next day. Harry meets with Joe and asks him if he will murder Ethel for one thousand dollars. Joe agrees, and Harry pulls out a wad of cash and pays him. Unfortunately for Harry, Joe is a law enforcement decoy. If the state in which Harry paid Joe recognizes the res ipsa loquitur or unequivocality test, Harry has most likely committed attempted murder (along with solicitation to commit murder, which is discussed shortly). Harry’s actions in contacting and thereafter hiring and paying Joe to kill Ethel indicate that he has no other purpose than the commission of Ethel’s murder. Hiring and paying a hit man is more than just preparation. Note that evidence of Ethel’s life insurance policy is not needed to prove the attempt act. Harry’s conduct “speaks for itself,” which is the essence of res ipsa loquitur or unequivocality.

    This page titled 2.6: Res Ipsa Loquitur Test was last modified on Sat, 03 Oct 2026 18:42:42 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by George Cartwright.