• The Midterm Exam will cover Chapters 1 –7 of the textbook.
  
  
• The Final Exam will cover Chapters 8 –13 of the textbook. Please be advised that the Final Exam is not comprehensive in nature and will only cover Chapters 8-13.

Chapter One - The Personal Injury Paralegal and Tort Case Investigation

This chapter is designed to introduce the student to tort case investigation and assist the paralegal take an active role in developing a tort case.

Chapter Two - Introduction to Torts & Legal Analysis

This chapter introduces a student to the three broad tort categories: negligence, torts and strict liability.

- Written Assignment Number One – Covering Chapters One and Two

Chapter Three - Negligence

This chapter fully develops the concepts of negligence including its elements and concepts of proof and damages.

Chapter Four - Special Negligence Actions

This chapter looks at specific types of negligence actions including premises liability, bailment liability, vicarious liability and negligent infliction of emotional distress.

- Written Assignment Number Two – Covering Chapters Three and Four

Chapter Five - Defenses to Negligence

This chapter introduces the student to the three primary negligence defenses: contributory negligence, comparative negligence, assumption of risk and finally concludes with a discussion of the statutes of limitation for various tort actions.

Chapter Six - Intentional Torts

This chapter introduces the student to the arena of intentional torts involving injuries to persons including assaults, battery, false imprisonment, reckless infliction of emotional distress, fraud, misrepresentation, malicious prosecution, abuse of process, invasion of privacy and defamation (libel & slander).

- Written Assignment Number Three – covering Chapters Five and Six

Chapter Seven - Intentional Torts – Injuries to Property

This chapter introduces students to another area of intentional torts involving injuries to property including trespass to land, toxic torts, trespass to chattel, conversion, and slander of title, commercial disparagement and defamation by computer.

- There is no written assignment for this week. Study for Midterm Exam.

Midterm Exam

Chapter Eight - Defenses to Intentional Torts

This chapter introduces students to the various defenses to intentional torts including self-defense, defense of persons or property, rightful repossession, consent, mistake, privilege, necessity, public officer’s immunity for legal process enforcement, warrant less arrest by law enforcement officials or citizens, reasonable discipline and the relevant statute of limitations.

Chapter Nine - Strict or Absolute Liability

This chapter introduces a student to the concepts of strict liability especially in relation to animal owners and abnormally dangerous activities.

- Written Assignment Number Four – Covering Chapters Eight and Nine

Chapter Ten - Products Liability

This chapter introduces the student to basic concepts of defective products and how strict liability applies to this situation.

Chapter Eleven - Special Tort Actions

This chapter discusses the torts of nuisance, negligence per se and wrongful death, and wrongful life.

- Written Assignment Number Five – Covering Chapters Ten and Eleven

Chapter Twelve - Tort Immunities

This chapter outlines the various tort immunities including governmental (sovereign) immunity, immunity of public officers, immunity for children of tender years, and statutes of limitations.

Chapter Thirteen - Paralegal Ethics

This chapter focuses on the ethical questions that arise in the practice of law especially those that a paralegal or legal assistant may face in the tort arena.

- No written assignment – Prepare for Final Exam.

Final Exam

Please answer the following hypothetical question using the concepts outlined in your text:

Tom Casterman is a 12 year old boy who spends a lot of time outdoors and one of his favorite activities is climbing trees. Since Tom and his family just moved into his house he is anxious about exploring the property, which is graced by many majestic oak trees. While the family was moving into the home and unpacking their belongings, Tom decided to venture into one of the oak trees and intended to see how high he could climb. Unbeknownst to Tom, the electric wires to the house ran right through this tree. As he approached the top of the tree he grabbed what he though was a limb but instead it was the electric line. The wires were not insulated and Tom sustained a serious burn injury to his hand and additional fell from the tree fracturing both his legs. After Tom is transported to the hospital his father is relieved that his son, although badly injured will eventually recover from his injuries. When he returns home he closely examines the tree where the event occurred and observes the uninsulated electric line and believes that the electric company was negligent in not insulating the line and also running it right through the tree. He decides to consult a personal injury attorney concerning his sons’ injuries and initially meets with you, the paralegal to determine whether it would be worth his while filing negligence claim against the utility company. Please provide me with your thoughts regarding this case using the negligence concepts outlined in this case.

Bud Askew is a professional painter. He bought exterior oil-based paint to apply to Joe Barley’s barn. The paint store incorrectly labeled the paint as oil-based when in fact it was exterior latex, water-based paint. Bud painted the barn without noticing the difference. After several severe summer thunderstorms, the paint wore off since it did not properly adhere to the previously oil-based painted surface.

In this case please determine if negligence exists, if the tortfeasor will be liable to the injured party and further identify who is the plaintiff and who is the defendant in this case.

Alicia Teldare was waiting in line outside The Elegant Shop just before the store opened on the day of shop’s annual savings sales. Dozens of customers milled around the entrance to the store in anticipation of the stores opening and in fact many had become extremely inpatient at waiting. Suddenly, the doors opened and Alicia was knocked to the ground by another customer, Marie Harrington and as a result fractured her wrist.

In this case, please identify the intentional tort(s) committed, if any, and support your answer.

Miller Thurber owns a bulldog, which he keeps chained in his backyard. The dog often barked and growled at anyone passing by the house on the sidewalk. One morning, Josie Taylor, an employee of the electric company visited the Thurber property to read the meter located in the backyard. Josie had read the meter previously and knew about the dog. She peeked into the yard and did not see the dog so she entered the backyard. The chain, which the dog was usually attached, was on the ground and the dog was nowhere to be seen. As she entered the back yard an approached the meter the dog appeared out of nowhere and attacked her. She sustained serious injuries and was hospitalized as a result of the severe bites.

In this case please determine if absolute liability applies and if the tortfeasor will be strictly liable to the injured party. Also please discuss relevant defenses and if there are any defenses how would they apply to the case.

Wowser’s Video Emporium rents X-rated videotaped movies in a small town. A local ordinance restricts rental of such materials to persons over the age of 18 years. Wowser’s employees never check customer’s identifications; however, and often rent X-rated movies to underage individuals. Citizens Rallying Against Pornography, a local citizens group has asked the county prosecutor to take action against Wowsers. The prosecutor has asked you to summarize the appropriate cause(s) of action in a short paragraph. Please address the potential issues in this case by identifying the relevant cause(s) of action, suitable defense(s) and appropriate remedies.