Fundamentals of Tort law©
By: Alan Beckman, J.D.
Fundamentals of Tort law©
Introduction outline:
 What is a “tort”
How are torts classified and
studied - compare Contract and
Criminal law
What is “tort reform” all about
Overview “Tort law Study
Guide”
Tort cases percentage increases
in Nevada courts
40
35
30
25
Torts
Contracts
Criminal
20
15
10
5
0
2006
2007
2008
2009
Fundamentals of Tort law©
What is a tort?
•A private harm or injury
•Injury to persons or public and private
entities
•Injury resulting in specific tort claims,
subject to defenses to torts
Fundamentals of Tort law©
Tort law v. Contract law
• Two major fields of civil law
• Differ based on harms caused
• Burden of proof “by a
preponderance…”
• Overlap in some claims (warranties)
• Tort and Contract claims may be
asserted in the same suit
Fundamentals of Tort law©
Tort law v. Criminal law
• Two major fields of law involving
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conduct based injury
“Private” v. “Public” harm
Crimes and their corollary torts
Different purposes, B.P., remedies, no
double jeopardy and constitutional
issues
Ex.: Conversion-tort* v. Theft-crime
*Other torts, e.g., battery, false imprisonment, etc. may also apply
Fundamentals of Tort law©
Tort Reform
• Proposed changes to tort claims,
focusing on procedures and damages
• Origins: “the broken wheel” perception
and allegations of jackpot justice
• Bernstein’s article and proposals
• Pros & Cons re: damage caps, jury
trials, contingency fees, summary
judgment, ADR etc.
Fundamentals of Tort law©
How is Tort law relevant for paralegals?
• Tort law firms are major employers of
paralegals because litigation law firms often
use paralegals in litigation support
• Roles of paralegals in tort law: drafting
pleadings, motions, discovery and more;
case prep. and investigation etc. all require
a complete understanding of tort claims and
defenses
Fundamentals of Tort law©
How are torts classified?
• Classified based on form of intent
and fault or lack thereof
• Classified based on the type of
harm: harms to person, property,
economic and financial interests,
dignitary interests, judicial
process and survival acts
Fundamentals of Tort law©
How are torts studied?
• Review Tort text T.O.C.
• The language of tort law- tort terminology
• Tort claims and defenses based on
classification
• Main goal: recognition of specific tort
claims and defenses and their elements
• Final examination + extra credit report
Fundamentals of Tort law©
Initial class studies
 Tort terminology
 Subsequent studies: major torts
“claims and defenses recognition”
approach; student outlines
FINIS
Fundamentals of Tort law©
Appendix
Tort law: An introduction
Tort law generally refers to personal injury law in civil law. Personal injury can
arise in an injury to:
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Person, emotionally and physically
Property, personal and real
Finances, monetary injuries
Reputation
Dignity
Legal rights
Etc.
Torts can be intentional, unintentional and no fault/no intent and in intentional
torts, punitive damages can be awarded in addition to general damages,
costs, etc. There are also recognized defenses to tort claims. A tortfeasor
is the defendant in a tort claim.
Fundamentals of Tort law©
Appendix
Paralegals need to know tort law for many reasons:
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To effectively research issues in tort cases as they arise
To draft demand letters
To draft a Complaint alleging tort claims
To draft an Answer defending tort claims
To know what is relevant in drafting the various forms of discovery
requests
To draft settlement documents
To prepare interview and deposition questions
To draft motions, e.g., motion for summary judgment
To draft trial briefs
To prepare for trial
To investigate cases
Etc.
Fundamentals of Tort law©
Appendix
In short, how would a paralegal know what is relevant in a case
involving, for example, defamation if he/she did not know
what the legal requirements/elements are for proving that
claim? What documents or witnesses you need requires
knowing what elements must be proven at trial. You must
know tort law to know what to prepare for any aspect of any
tort case.
The study of tort law for paralegals is divided into four major
areas:
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Overview, tort related terminology and tort reform
Intentional torts and defenses
Unintentional torts and defenses
No fault or strict liability torts, products liability, dignitary and
economic torts, abuses of process and wrongful death and
Fundamentals of Tort law©
Appendix
The study of tort law for paralegals is divided into four major
areas:
•
•
•
•
Overview, tort related terminology and tort reform
Intentional torts and defenses
Unintentional torts and defenses
No fault or strict liability torts, products liability, dignitary and
economic torts, abuses of process and wrongful death and
related defenses
Your objectives in the introductory studies to tort law are to:
1.
2.
understand what tort law generally is
understand how the subject is going to be studied and how
the subject will be divided, as described in lecture and in the
syllabus
Fundamentals of Tort law©
Appendix
The study of tort law for paralegals is divided into four major areas:
•
•
•
•
Overview, tort related terminology and tort reform
Intentional torts and defenses
Unintentional torts and defenses
No fault or strict liability torts, products liability, dignitary and economic torts, abuses
of process and wrongful death and related defenses
Your objectives in the introductory studies to tort law are to:
1.
2.
3.
4.
5.
understand what tort law generally is
understand how the subject is going to be studied and how the subject will be divided,
as described in lecture and in the syllabus
understand why paralegals need to know tort law and how tort law is used in the “real
world”
know tort terminology and
know what tort reform means and the pros and cons related thereto
Your assignments following this class are: (1) e group sign up per directions given in class
(2) syllabus assignments and (3) begin the optional recommended reading of “King of
Torts, by John Grisham”. Also, review all e group resources sent to the e group by e