The eLearning Center for Gatlin Education Services

One of the most important fields of paralegal employment, the law of torts and negligence, is examined in detail. The student is educated to understand the basic theory of tort law, and the process by which negligence cases are developed in preparation for settlement or trial. Subjects covered include evaluating liability, injuries and damages.

Objectives:

• Distinguish tort liability from criminal and contract liability.
• List the elements of the causes of action for various types of torts and correctly identify factual situations where such tort actions could successfully be maintained.
• Research and analyze cases involving tort law.
• Identify the facts and sources of evidence which could be used to establish each element of a hypothetical tort claim
• Recognize affirmative defenses to various types of tort actions

Supplementary Course Documents:

• Introduction: Tort law is the law of injury to persons and property.
• The Three Main Focus Points of Tort Law
• The Role of Judges and Juries
• Cause in Fact
• Negligence
• Sources of Law
• Burden of Proof
• Expert Witnesses
• Res Ipsa Loquitor
• Causality
• Degrees of Negligence
• Defenses to Negligence
• Intentional Torts
• Classic Intentional Torts
• Defenses to Liability for Intentional Misconduct
• Liebeck Case Summary
• Tort Reform
• Cases
• Liebeck v. McDonald’s
• Herrera v. Quality Pontiac
• Article
• “Tort Reform Gaining Traction”
• Audio Lectures (MP3 Format)

Discussion Topics

Week 1:

• Tort Litigation in the U.S.
• Additional Discussion Topic TBA

Week 2:

• Negligence
• Additional Discussion Topic TBA

Week 3:

• Harassment
• Additional Discussion Topic TBA

Week 4:

• Product Liability
• Additional Discussion Topic TBA

Practical Assignment (required):

The Practical Assignment is due by the end of Week Three.

Optional practical assignments are also available for extra credit.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

All four week courses will use the following Assessment Rubric:

Students will be assessed based on the results of one quiz, one assignment and an evaluation of the quality of the student’s participation on the Discussion Boards.

Courses which last eight weeks or more will apply the following Assessment Rubric, subject to the professor's discretion:                     

Course Topics:

Week 1:

• Overview;  Introduction to Tort Law and Practice
• Scope
• Definitions; the Difficulty of Defining “Tort”
• Elements of Torts
• Categories
• Introduction to Causation
• Forseeability
• Objective Standard
• Formulas for Defining “Forseeability”
• Infliction of Emotional Distress
• Conversion and Trespass
• Damages
• Kind of Interference
• Mistake Defense 
• Strict Liability

Week 2:

• Negligence:  A Summary
• Breach of Duty
• Insurance
• Checklist 
• Negligence Element One:  Duty
• General Rule
• Unforeseeable Plaintiff
• Protection for the Good Samaritan 
• Negligence Element II:  Breach of Duty (Unreasonableness)
• Standard of Care:  Reasonableness
• Breach of Duty Equation
• Objective or Subjective Standards?
• Res Ipsa Loquitur
• Custom and Usage
• Violation of Statute
• Gross Negligence
• Vicarious Liability
• Medical Malpractice
• Legal Malpractice
• Negligence Element III:  Proximate Cause
• Cause in Fact
• Cut-Off Test
• Overview of Steps Needed to Analyze Proximate Cause 
• Negligence Element IV:  Damages
• Kinds of Damages
• Present Value
• Pain and Suffering
• Software
• Property Damage
• Avoidable Consequences
• Collateral Source Rule
• Joint Tortfeasors
• Release
• Contribution
• Indemnity

Week 3:

• Battery
• Act
• PERSONAL Intent
• Harmful or Offensive Contact
• Consent and Privilege 
• Assault
• Act
• Apprehension
• Harmful or Offensive
• Transferred Intent
• Assault and Civil Rights 
• False Imprisonment and False Arrest
• Misuse of Legal Proceedings

Week 4: 

• Automobile Insurance
• No Fault Doctrine
• Review of Typical Procedures for Plaintiff in Automobile Accident Cases 
• Product Liability
• Negligence:  Defenses
• Contributory Negligence
• Last Clear Chance
• Comparative Negligence
• Assumption of Risk