Difference between revisions of "Torts"

From NewlyPossible.org
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== Introduction ==
 
== Introduction ==
 
=== Welcome ===
 
=== Welcome ===
−
Before
+
'''Before'''
 
# Read the syllabus.
 
# Read the syllabus.
 
# Do something healthy.
 
# Do something healthy.
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# Take this quiz on this reading.
 
# Take this quiz on this reading.
 
# Complete this puzzle.
 
# Complete this puzzle.
−
After
+
'''After'''
 
# After each class you should take a few minutes to reflect on class, identify key takeaways, correct and update the notes you took before class, and incorporate any (brief) notes you took during class. In addition, you will frequently have a post-class reading assignment summarizing and detailing the "black-letter law" that we began to explore in class.
 
# After each class you should take a few minutes to reflect on class, identify key takeaways, correct and update the notes you took before class, and incorporate any (brief) notes you took during class. In addition, you will frequently have a post-class reading assignment summarizing and detailing the "black-letter law" that we began to explore in class.
 
# Complete this reflection.
 
# Complete this reflection.
 
=== Goals ===
 
=== Goals ===
−
Before
+
'''Before'''
 
# Leading causes of death in the United States
 
# Leading causes of death in the United States
 
# Historical change in causes of death
 
# Historical change in causes of death
Line 28: Line 28:
 
# Reading and math skills
 
# Reading and math skills
 
# Checking in
 
# Checking in
−
After
+
'''After'''
 
# Post-class check-in
 
# Post-class check-in
 
=== Procedure ===
 
=== Procedure ===
−
Before
+
'''Before'''
 
# The Legal Process in the United States: A Civil Case
 
# The Legal Process in the United States: A Civil Case
 
# Burdens of proof: In Black's Law Dictionary, look up:
 
# Burdens of proof: In Black's Law Dictionary, look up:
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# Baltimore & O.R. Co. v. Goodman, 275 U.S. 66 (1927)
 
# Baltimore & O.R. Co. v. Goodman, 275 U.S. 66 (1927)
 
# Testing your briefing
 
# Testing your briefing
−
After
+
'''After'''
 
=== Culpability ===
 
=== Culpability ===
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Before
+
'''Before'''
−
After
+
'''After'''
 
=== Elements ===
 
=== Elements ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Facts ===
 
=== Facts ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Case Law ===
 
=== Case Law ===
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Before
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'''Before'''
−
After
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'''After'''
 
=== Holdings ===
 
=== Holdings ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Materiality ===
 
=== Materiality ===
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Before
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'''Before'''
−
After
+
'''After'''
 
=== Vicarious Liability ===
 
=== Vicarious Liability ===
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Before
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'''Before'''
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After
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'''After'''
 
== Negligence: Duty ==
 
== Negligence: Duty ==
 
=== Generally ===
 
=== Generally ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Affirmative Acts That Cause Physical Harm ===
 
=== Affirmative Acts That Cause Physical Harm ===
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Before
+
'''Before'''
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After
+
'''After'''
 
=== Duty to Act Affirmatively ===
 
=== Duty to Act Affirmatively ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Pure Emotional Harm ===
 
=== Pure Emotional Harm ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Pure Economic Harm ===
 
=== Pure Economic Harm ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Statutory Duties ===
 
=== Statutory Duties ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Premises Liability ===
 
=== Premises Liability ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Summary ===
 
=== Summary ===
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Before
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'''Before'''
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After
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'''After'''
 
== Negligence: Breach ==
 
== Negligence: Breach ==
 
=== Reasonable Care ===
 
=== Reasonable Care ===
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Before
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'''Before'''
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After
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'''After'''
 
=== The Reasonable Person ===
 
=== The Reasonable Person ===
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Before
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'''Before'''
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After
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'''After'''
 
=== B vs. PL ===
 
=== B vs. PL ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Statutory Standards ===
 
=== Statutory Standards ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Custom ===
 
=== Custom ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Professional Standards ===
 
=== Professional Standards ===
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Before
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'''Before'''
−
After
+
'''After'''
 
=== Proving Breach ===
 
=== Proving Breach ===
−
Before
+
'''Before'''
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After
+
'''After'''
 
=== Summary ===
 
=== Summary ===
−
Before
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'''Before'''
−
After
+
'''After'''
 
== Negligence: Factual Cause ==
 
== Negligence: Factual Cause ==
 
=== The Tests ===
 
=== The Tests ===
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Before
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'''Before'''
−
After
+
'''After'''
 
=== Uncertainty (Part One) ===
 
=== Uncertainty (Part One) ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Uncertainty (Part Two) ===
 
=== Uncertainty (Part Two) ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Uncertainty (Part Three) ===
 
=== Uncertainty (Part Three) ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Summary
 
=== Summary
−
Before
+
'''Before'''
−
After
+
'''After'''
 
== Negligence: Scope of Liability ==
 
== Negligence: Scope of Liability ==
 
=== Palsgraf v. LIRR ===
 
=== Palsgraf v. LIRR ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Foreseeability ===
 
=== Foreseeability ===
−
Before
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'''Before'''
−
After
+
'''After'''
 
=== Summary ===
 
=== Summary ===
−
Before
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'''Before'''
−
After
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'''After'''
  
 
== Negligence: Damages ==
 
== Negligence: Damages ==
 
=== Types of Damages ===
 
=== Types of Damages ===
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Before
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'''Before'''
−
After
+
'''After'''
 
== Negligence: Affirmative Defenses ==
 
== Negligence: Affirmative Defenses ==
 
=== Contributory Negligence, Comparative Fault, and Assumption of Risk ===
 
=== Contributory Negligence, Comparative Fault, and Assumption of Risk ===
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Before
+
'''Before'''
−
After
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'''After'''
 
=== Statutes of Limitation and Repose ===
 
=== Statutes of Limitation and Repose ===
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Before
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'''Before'''
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After
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'''After'''
 
=== Immunities ===
 
=== Immunities ===
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Before
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'''Before'''
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After
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'''After'''
 
=== The Doctrinal Messiness of Rescue ===
 
=== The Doctrinal Messiness of Rescue ===
−
Before
+
'''Before'''
−
After
+
'''After'''
  
 
== Negligence: Awards ==
 
== Negligence: Awards ==
 
=== Making the Plaintiff Whole ===
 
=== Making the Plaintiff Whole ===
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Before
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'''Before'''
−
After
+
'''After'''
 
=== Discrimination ===
 
=== Discrimination ===
−
Before
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'''Before'''
−
After
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'''After'''
 
=== Initial Apportionment ===
 
=== Initial Apportionment ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Contribution, Indemnification, and Settlement ===
 
=== Contribution, Indemnification, and Settlement ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Seatbelt Exercise ===
 
=== Seatbelt Exercise ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
== Other Torts ==
 
== Other Torts ==
 
=== Intentional Torts ===
 
=== Intentional Torts ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Trespass, Nuisance, and Abnormally Dangerous Activities ===
 
=== Trespass, Nuisance, and Abnormally Dangerous Activities ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Products Liability ===
 
=== Products Liability ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Privacy and Reputational Torts ===
 
=== Privacy and Reputational Torts ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
== Conclusion ==
 
== Conclusion ==
 
=== Practice Exam ===
 
=== Practice Exam ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Insurance, Bankruptcy, and Inability to Collect ===
 
=== Insurance, Bankruptcy, and Inability to Collect ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Alternatives ===
 
=== Alternatives ===
−
Before
+
'''Before'''
−
After
+
'''After'''
 
=== Q&A and Sendoff ===
 
=== Q&A and Sendoff ===
−
Before
+
'''Before'''
−
After
+
'''After'''

Revision as of 14:23, 22 February 2021

Key Materials

  1. Syllabus
  2. Briefing Cases
  3. Practice Exams

Introduction

Welcome

Before

  1. Read the syllabus.
  2. Do something healthy.
  3. Tell me about yourself.
  4. Read this practice exam.
  5. Take this quiz on this reading.
  6. Complete this puzzle.

After

  1. After each class you should take a few minutes to reflect on class, identify key takeaways, correct and update the notes you took before class, and incorporate any (brief) notes you took during class. In addition, you will frequently have a post-class reading assignment summarizing and detailing the "black-letter law" that we began to explore in class.
  2. Complete this reflection.

Goals

Before

  1. Leading causes of death in the United States
  2. Historical change in causes of death
  3. CDC covid-19 fatality data
  4. Motor vehicle crash deaths in the USA
  5. Deaths compared to injuries and persons involved
  6. Vehicle emissions
  7. Economic and Societal Impact of Motor Vehicle Crashes (2010): Read through page 21 (PDF page 26)
  8. A blank slate
  9. Reading and math skills
  10. Checking in

After

  1. Post-class check-in

Procedure

Before

  1. The Legal Process in the United States: A Civil Case
  2. Burdens of proof: In Black's Law Dictionary, look up:
    1. Burden of proof
    2. Burden of pleading
    3. Burden of production
    4. Burden of persuasion
  3. Standards of proof
  4. Preponderance of the evidence
  5. Juries
  6. More on juries
  7. Civil versus criminal
  8. "Civil"
  9. Evidence
  10. Venn diagrams
  11. Facts versus law
  12. Other standards
  13. Briefing cases
  14. Baltimore & O.R. Co. v. Goodman, 275 U.S. 66 (1927)
  15. Testing your briefing

After

Culpability

Before After

Elements

Before After

Facts

Before After

Case Law

Before After

Holdings

Before After

Materiality

Before After

Vicarious Liability

Before After

Negligence: Duty

Generally

Before After

Affirmative Acts That Cause Physical Harm

Before After

Duty to Act Affirmatively

Before After

Pure Emotional Harm

Before After

Pure Economic Harm

Before After

Statutory Duties

Before After

Premises Liability

Before After

Summary

Before After

Negligence: Breach

Reasonable Care

Before After

The Reasonable Person

Before After

B vs. PL

Before After

Statutory Standards

Before After

Custom

Before After

Professional Standards

Before After

Proving Breach

Before After

Summary

Before After

Negligence: Factual Cause

The Tests

Before After

Uncertainty (Part One)

Before After

Uncertainty (Part Two)

Before After

Uncertainty (Part Three)

Before After === Summary Before After

Negligence: Scope of Liability

Palsgraf v. LIRR

Before After

Foreseeability

Before After

Summary

Before After

Negligence: Damages

Types of Damages

Before After

Negligence: Affirmative Defenses

Contributory Negligence, Comparative Fault, and Assumption of Risk

Before After

Statutes of Limitation and Repose

Before After

Immunities

Before After

The Doctrinal Messiness of Rescue

Before After

Negligence: Awards

Making the Plaintiff Whole

Before After

Discrimination

Before After

Initial Apportionment

Before After

Contribution, Indemnification, and Settlement

Before After

Seatbelt Exercise

Before After

Other Torts

Intentional Torts

Before After

Trespass, Nuisance, and Abnormally Dangerous Activities

Before After

Products Liability

Before After

Privacy and Reputational Torts

Before After

Conclusion

Practice Exam

Before After

Insurance, Bankruptcy, and Inability to Collect

Before After

Alternatives

Before After

Q&A and Sendoff

Before After

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