Torts

This course deals with the law of torts. Torts can range from the simple to the extremely complex. The purpose of this course is to provide students with a sound, fundamental understanding of the torts most commonly litigated in our domestic courts. The course will range from a general introduction to intentional torts to negligence. The course will not only deal with asserting a cause of action in tort, but will also address defenses to a tort case.

Course Learning Outcomes

• Identify what an intentional tort is and recite the elements involved in each specific intentional tort.

• Distinguish between intentional torts/interference with a person and intentional torts/interference with a person’s land and property.

• Identify when a defense is available to an individual being sued for an intentional tort and rebut the defense as if in the shoes of the Plaintiff.

• Describe in detail and understand each element required for a prima facie case of negligence.

• Distinguish between a cause in fact and a proximate/legal cause in negligence actions.

• Discuss the different remedies available to an individual who prevails on a negligence claim.

• Understand and identify what circumstances will allow for a bypass of proving some of the specific elements of negligence, such as Negligence Per Se and Res Ipsa Loquitor.

• Define the different duties owed by a landowner, while also describing the status of an individual on the land and explain how the status was determined.

• Identify what obligations a landlord/lessor owes to tenants and other individuals.

• Distinguish and identify situations regarding children and how being a child affects the analysis of the cause of action.

• Discuss how professionals can be held negligent and the standards imposed on certain professionals; specify the standard owed by lawyers to their clients/the legal field.

• Understand and define the elements of a wrongful death lawsuit and/or wrongful birth lawsuit.

• Identify when lawsuits are forbidden and when lawsuits are allowed between family members or in regard to family members.

• Analyze situations to determine what one’s duty is and identify when no duty at all is imposed.

• Identify and understand when an individual or entity can be held vicariously liable.

• Discuss and identify the circumstances and reasoning behind strict liability.

• Understand all causes of action regarding products liability and define the different avenues for suing in products liability.

• Discuss alternative theories of recovery other than tort when tort would seem to be the available or one of the available options.

• Define defamation and explain the distinctions between liability for different actors involved.

• Understand the elements necessary for invasion of privacy and analyze a situation to determine whether a plaintiff will likely prevail or fail on such a claim.

• Discuss malicious prosecution in general.

• Identify the causes of actions available for interference with family members.

• Define and understand how one proves an interference with a business contract.

• Discuss the cause of action for wrongful termination, including when a plaintiff will fail on such a claim.

• Identify all rights an individual or entity may have in intangibles and define what exactly is protected.

• Understand the elements required for drafting a Complaint; prepare a complaint based on a hypothetical fact pattern

• Understand the elements required for drafting a Notice of Hearing; prepare a notice of hearing.

• Understand the elements required for drafting an Answer to a Complaint and asserting defenses; prepare an Answer based on a hypothetical complaint and fact pattern.

• Understand the elements require for drafting a Motion to Dismiss; prepare a Motion to Dismiss based on a hypothetical complaint and based on Federal Rule of Civil procedure 12(b)(6).

• Analyze cases and brief same; using the case law as outlined in the cases, analyze and discuss the likely outcome of hypothetical fact patterns.