Torts (LAW-522-004)
Popper
Meets: 10:00 AM - 11:50 AM (TTH) - Warren - Room NT01
Enrolled: 96 / Limit: 95
Notices
There are no notices at this time.
Description
This is a course in tort law. The objective of the course is to familiarize you with the subject matter of traditional and modern tort law including intentional torts, negligence, product liability, and strict liability. The course will also explore certain basic litigation concepts. Tort law is a vibrant and dynamic field. The current tort reform debate taking place in Congress, at the White House, and in various state legislatures juxtaposes manufacturers and insurers on one side against victims and consumer groups on the other. Central to this controversy are the continuing legitimacy of strict liability, punitive damages, joint and several liability, caps on damages, the impact of regulatory provisions on liability, compulsory arbitration, and many other issues central to tort law. The proposed modifications to the legal system symbolize the vast differences in opinion that exist regarding the incentive or deterrent value of the tort system. Does the potential of tort liability stimulate improvement in the quality of goods and services or is it instead a thinly veiled mechanism to redistribute wealth? The impact and value of the tort system is a matter of some consequence in both the legal and political domain. There are many sides to this problem. Some take the position that the civil justice system, even the potential for litigation—the tort system itself—has a beneficial effect on the behavior of those who are the subject of legal action as well as others in the same or similar lines of commerce. Others argue that there is a need for tort reform (limiting the expanse and reach of accountability in the civil justice system) and contend that the tort system has failed to live up to its promise of providing meaningful deterrence. The question often boils down to this: do tort cases and the civil justice system deter misconduct and change the behavior of others – or is their sole function individual justice? This is not a contest or series of hoops through which one must ascend and (hopefully) descend in order to achieve excellence. Nor is it a battle against time and the elements, which when won will find you oozing with expertise in this field. It is a cooperative effort to find understanding of the concepts of the tort world and, thereafter, to begin to work at achieving 2 resolutions to those problems. As it is with any area of the law, you will not learn all there is to know about this subject area in this class. You may, however, see the significant focal points and develop an appreciation regarding areas that need greater inquiry on your part.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Prosser, Schwartz, Kelly & Partlett, TORTS, CASES AND MATERIALS, Foundation Press, 13th ed. (2015). Popper, MATERIALS ON TORT REFORM (1st Ed. West 2010) (either the online version or hard copy) [Work is underway for the 2nd edition of this text. Edits and additions to the text will be given to you at no cost as those parts of the manuscript becomes available.]
First Class Readings
Assignment Instructions 1. For the first class, please read pp. 1-4 (Introductory Comments), read and brief Garrett, p. 17, read Notes 1-5 following Garrett, read (no brief required) MATHIAS V. ACCOR ECON. LODGING (this case is printed out towards the end of this syllabus after the assigned materials case list); read Notes on pp. 23-25; read and brief Talmage, p. 29; read and brief Wallace v. Rosen, p.32. IMPORTANT: It is most unlikely that we will complete all this material the first class but it is useful to be prepared just in case. MATERIALS ON TORT REFORM: At your convenience and at some point prior to October 18, please read the following: Introduction and overview of tort reform issues (pages 1- 13), the essays by Schwartz (p. 13), Gilbert (p. 42), Rickard (p. 59), Doroshow (p. 80), Cupp (p. 87), and Finley (p. 91), the narrative (pages 96-132), the CJD article on 156, and the ATRA article on 167. 2. Future assignments: Although appellate cases vary in length, be prepared to discuss six cases for each class. However.it is unlikely we will actually cover six cases (with the exception of a series of short slip and fall cases) in all classes. In many classes, we will cover four or five cases. Moreover, we will not skip cases listed in the syllabus – thus, if we only cover three cases in a class, we will pick up where we left off the following class. 3. Please read the textual notes immediately following the assigned cases. You are not required to look up and brief the cases in the notes nor are you required to read unassigned cases or unassigned materials. 4. Please bring briefs to class in a format that permits you to turn them in at the end of a I will not collect any briefs for several weeks.