This course focuses on the fundamental concepts of tort law, including intentional torts, negligence, trespass, strict liability, personal injury, mental distress, as well as commonly employed defenses. This course will help fulfill the requirements of the 24-unit Paralegal Studies Certificate.
Strongly Recommended: PLGL 30.
1402.00 - Paralegal*
Optional
Type
Units
Inside of Class Hours
Outside of Class Hours
Total Student Learning Hours
Lecture
3.00
54.00
108.00
162.00
Total
3.00
54.00
108.00
162.00
Measurable Objectives:
Upon completion of this course, the student should be able to:
identify and apply the elements of tort law and apply to specific fact patterns;
identify, analyze and differentiate between the various types of intentional torts;
identify, analyze and differentiate between the various types of strict liability in tort actions;
identify, analyze and differentiate between the various types of defenses and damages relating to torts;
identify analyze legal issues in specific fact patterns and apply rules of tort law;
understand and summarize defenses related to negligence, including contributory, comparative, and assumption of risk, as well as extent of liability for a negligent act;
analyze and determine types of defamation actions, including slander and libel, and whether it can be successfully brought in a hypothetical fact pattern;
understand and analyze the basic principals of product liability law, including defects and breach of warranty;
identify, analyze and differentiate types of economic torts, including misrepresentation, allegations of falsehoods, and malicious prosecution;
identify and apply tort law regarding special duties owed, including those by lessors, land owners, common carriers, innkeepers, etc.
Course Content:
Torts against the person
Battery
Assault
False imprisonment
Intentional infliction
Torts against property
Trespass to chattels
Trespass to land
Types of intent
Defenses to torts
Consent of persons
Consent privileges regarding property
Self defense
Defense of others
Negligence
Duty of care
Breach of duty
Causation and harm
Proximate cause
Indirect causation
Special duties
Statutory duties
Aid in emergency
Contractual agreements
Common carriers
Actions of a third person
Land occupiers
Lessors
Emotional distress
Defenses to negligence
Contributory negligence
Comparative negligence
Assumption of risk
Strict liability
Injuries inflicted by animals
Abnormally dangerous activities
Products liability
Liability for intentional torts, negligence and strict liability
Defects
Liability and defenses to products liability
Breach of warranty
Nuisance
Defamation
Libel
Slander
Defenses to defamation
Economic torts
Misrepresentation
Injurious falsehood
Interference with contracts
Malicious prosecution
Methods of Instruction:
Lecture/Discussion
Oral and Written Analysis
Problem Solving
Written assignments
Group Presentations
Distance Education
Assignments and Methods of Evaluating Student Progress:
Analyze fact patterns to determine when an action for defamation can be brought and if the cause of action is slander or libel.
Analyze fact patterns and identify when a cause of action be brought for negligence and if the cause of action is based on a theory of contributory negligence, comparative negligence, or assumption of risk.
Analyze fact patterns to determine when an action can be brought for violations of product liability law, and if the cause of action is defects or breach of warranty.
Analyze fact patterns to determine when an action can be brought for economic torts and determine if the cause of action is misrepresentation, allegations of falsehoods, or malicious prosecution.
Attendance
Class Participation
Exams/Tests
Written assignments
Papers
Quizzes
Final Examination
Upon the completion of this course, the student should be able to:
Identify, analyze and apply the rules which apply to the category of intentional torts, including defamation, misrepresentation, and malicious prosecution.
Identify, understand and summarize appropriate defenses to tort allegations, including contributory and comparative negligence, as well as assumption of risk.
Identify and analyze specialized torts, including economic torts, special duties owed, and allegations pertaining to product liability law.
Textbooks (Typical):
Morissette, E., L. (2020). Personal Injury & the Law of Torts for Paralegals (5th). Aspen Law.
Bevans, N., R. (2015). Tort Law for Paralegals (5th). Wolters Kluwer Law & Business.
Abbreviated Class Schedule Description:
This course focuses on the fundamental concepts of tort law, including intentional torts, negligence, trespass, strict liability, personal injury, mental distress, as well as commonly employed defenses.