Instructor

William T. Tanner

Phone

(714)-624-8144

Email

Tanner_William@sac.edu

Tannerlaw@gmail.com

Office Hours

30 Minutes before class

Course Objectives

This course is designed to give the student an introduction to tort law. The first few classes will be spent on the nature of torts and the judicial system. Then we will examine the different kinds of torts involved in injuries to persons and property. The remainder of the semester will be spent on special tort actions and orals.

Students should be able to draft demand letters, small claims Plaintiff’s Claim forms, a civil complaint for damages, Answer- General Denial, Prepare a properly captioned pleading, prepare Form Interrogatories, Special Interrogatories, Requests for Admissions, Proof of Service, draft a motion to compel-including simply points and authorities, and will have participated in two mock negotiations.

Required Text

Essentials Tort Law, Mark A. Geistfeld

Topics

PARALEGAL 146, TORT LAW AND ALTERNATIVE DISPUTE RESOLUTION 4.0 UNITS

Intentional torts, negligence, strict liability, product liability, damages, immunity, and defenses to torts. Principles of insurance law, and procedures for the investigation of personal injury cases. Principles of dispute resolution through negotiation, mediation, and arbitration. Students will mediate impartially and use tools to maximize negotiation effectiveness. The course includes application of mediation skills in the law office

Week 1

Introductions

IRAC

Analyzing legal problems and cases

Week 2

Assignment 1 Demand Letter Handed out

Negligence- Duty, Breach, Causation, Damages

1- The Historical Development of Tort Law

2- Function and Principle

3- The Fundamental Choice: Negligence or Strict Liability?

Week 3

Assignment 1 Due

Assignment 2 Small Claims Handed out

Negligence-Cont’d

3- The Fundamental Choice: Negligence or Strict Liability?

8- Negligence Liability

9- Causation

Week 4

Assignment 2 Due

Assignment 3 Civil Complaint Handed out

Negligence-Defenses

10- Multiple Tortfeasors

11- Defenses Based on the Plaintiff’s Conduct

Week 5

Assignment 3 Due

Assignment 4 Civil Answer Handed out

Special Negligence Actions             

Introduction to formal and informal discovery, investigation, and

4- Negligence, Strict Liability, and the Prominent Rationales for the Tort Liability

Week 6

Assignment 4 Due

Assignment 5 Discovery-Interrogatories Handed out

Trial procedures-motions in limine, jury instructions, opening statement, introduction of evidences, witnesses, closing arguments

Paralegal responsibilities in trial

5- Compensation as a Unified Rationale for Tort Liability

Week 7

Assignment 5 Due

Assignment 6 Discovery – Request for Admission Handed out

Judgments, appeals and collection.

Court Judgments, jury verdicts, appeals, writs, collection actions

6- The Social Construction of Tort Law

Week 8

Assignment 6 Due

Intentional Torts

7-The Intentional Torts

Week 9

Intentional Torts Cont’d

Week 10

Strict Liability

12-Strict Liability for Abnormally Dangerous Activities

Week 11

Strict Liability – Cont’d

Product Liability

13- Strict Products Liability

Week 12

 Motions       

Assignment- Motion to Compel Handed out

14- Damages

Week 13

ADR – Negotiation, Mediation, Arbitration

Negotiation assignment – In class

15- Beyond Tort Law

Week 14

Assignment Motion to Compel Due

Week 15

Review of Tort Law

Negligence, intentional torts, strict liability

Week 16

Final