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Studies fundamental principles of the law of torts, including negligence, medical malpractice, product liability, and other civil actions.

Text: Torts, by William Buckley and Cathy Okront (3rd edition - West Legal Studies)

COURSE OBJECTIVES
Students will:
1. Distinguish tort liability from criminal and contract liability.
2. Distinguish civil actions at law from those in equity.
3. Identify the competing purposes of tort law and evaluate various doctrines in terms of these purposes.
4. List the elements of the causes of action for various types of torts (intentional, negligence, strict liability, and hybrid) and correctly identify factual situations where such tort actions could successfully be maintained.
5. List the available affirmative defenses to various types of tort actions (intentional, negligence, strict liability and hybrid) and correctly identify factual situations where such defenses could successfully be interposed.
6. Research and analyze cases involving tort law.
7. Draft pleadings (a complaint and answer) for a hypothetical tort case, identify the required elements of the plaintiff's and defendant's cases in chief, and identify the facts and sources of evidence which could be used to establish each element.
8. Solve hypothetical problems involving ethical quandaries and legal issues in the context of tort litigation.

SAMPLE COURSE OUTLINE
Each session below represents three classroom hours

Session One - Introduction to the course. Definition of tort liability. Overview of the evolution of tort law. The competing purposes of tort law. Using these purposes to evaluate majority and minority versions of common law doctrines and proposals for tort reform. Ethical responsibilities of tort lawyers and paralegals.

Session Two - The structure of a tort case. Causes of action, affirmative defenses, and shifting burdens of proof. Small group analysis and report back sessions.

Session Three - Overview of Intentional Torts. Traditional Intentional Torts to the Persons and Property. Internet Research and Writing Assignment: find and brief a case involving an intentional tort.

Session Four - Affirmative defenses to intentional torts. Students report on research results and class discussion of holdings presented.

Session Five - Small group issue spotting and problem solving to prepare for exam # 1. Video: The Blame Game

Session Six - Overview of negligence. Who owes a duty? The limits of liability for failure to act and specific Virginia rules for landowner liability to persons hurt on the premises. Question and answer session on illustrative cases.

Session Seven - Measures of negligence. Subjective versus objective standards. The Hand theory: economic analysis of tort law. Ethical duties of tort attorneys and paralegals. Video: A Civil Action. Research assignment: finding cases involving a special way of proving negligence: res ipsa loquitur, negligence per se, or custom.

Session Eight - Student oral reports on res ipsa loquitur, negligence per se, and custom cases. Class discussion of holdings and proof of facts. Malpractice Standards. Case Analysis: The Final Verdict. READING: Chapter 2, sections 8 and 9; and Chapter 3, sections 2 and 5.

Session Nine - "But for" and proximate cause in single defendant negligence actions. . Virginia's Direct Consequences Rule. The Palsgraf Case. Small group case analysis sessions.

Session Ten - Affirmative Defenses in Negligence. Small group case reviews. Review for test two, on negligence.

Session Eleven - Analysis of a negligence case. Proving the cause of action and defending against it. Raising and deflecting affirmative defenses. Assignment
of trial notebook project.

Session Twelve - Strict Liability Claims and Available Defenses at Common Law. Modern Product Liability Law. Video: the McDonalds and Schwinn cases. In class examinations of products, instructions, and warning labels.

Session Thirteen - Modern Actions for Non-Physical Harm. Negligent Infliction of Emotional Distress, Defamation and Invasion of Privacy. Small Group Case Analysis and Report Back Sessions. .

Session Fourteen - Business torts. Fraud and misrepresentation. Statutory torts. Overview of antitrust, employment discrimination and intellectual property law. Actions against the government under 42 USC. Section 1983. Internet research: finding statutes and using them as the framework for pleadings.

Session Fifteen - Miscellaneous Torts Actions. Nuisance. Torts involving Misuse of the Judicial System. Wrongful death, wrongful life and survival. Immunities. Contribution and Indemnity in Multi-defendant cases. Small group problem solving. Review for Exam 3.

Session Sixteen - Paralegal Roles and Legal Ethics in Tort Cases. Proposals for tort law reform, and the future of tort law.

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