Reply #3: "Res Ipsa Loquitor," My favorite part

[truehawk]

What It Means:

There is something else that I should discuss at this point. There is an old legal doctrine on the books known as "Res Ipsa Loquitor." It is a Latin phrase which basically means, "Let the object speak for itself."

Where's the Burden of Proof?

How is Res Ipsa Loquitor applicable here? Well, in theory, when something goes awry concerning an object or instrumentality which is in the exclusive control of a person or persons, be it equipment or the like, and that failure does not normally occur without fault or without negligence, then the burden to prove that the object or the machine did not malfunction in a certain way then legally shifts to the owner or exclusive possessor of that very object or machine.

Respectfully, under the principles of this specific, time-tested legal doctrine, I would contend that Diebold, et al., should be required to prove how any of its vote machines malfunctioned in any given instance, or put another way, they should have the burden of proof to demonstrate that all of its machines functioned properly, just as they were intended to function. You know, when you really think about the fact that our democracy itself happens to be at stake, that isn't asking a whole lot.