Tort Law
Introduction
This guide contains information pertaining to basic tort law and associated
topics. It does not contain resources specific to products liability. Researchers
looking into tort law materials will find a list of primary legal sources, major
reference works, study guides and student resources, and general treatises.
Finding Books and Other Materials
Tort law is found in essentially every country on earth, thus, many
materials will be generally under the K Library of Congress Classification
system. KF is specifically for laws of the United States of America and KFI
3000-3599 covers the relevant range of Indiana law.
For assistance in locating resources on this topic, consider using the following
related search terms:
Law -- Indiana.
Law reports, digests, etc. -- Indiana.
Law reports, digests, etc. -- United States.
Liability (Law) -- United States.
Liability (Law)
Personal injuries -- United States.
Torts.
Torts -- Economic aspects.
Torts -- United States.
Torts -- United States -- Cases.
Torts -- United States -- Examinations, questions, etc.
Torts -- United States -- Outlines, syllabi, etc.
Torts -- United States -- Problems, exercises, etc.
Course Reserve Materials
All course reserve materials are available at the circulation desk for a three
hour checkout period. They have been selected by the professor to supplement
the course materials and a copy of all mandatory course materials are available
as well. Additional copies of some materials may available in the stacks for
three week checkouts. Please see a staff person for assistance with these items.
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Prosser, Wade and Schwart’s Torts: Cases and Materials 12th ed.
Victor E. Schwartz, Kathryn Kelly & David F. Partlett
KF 1249 .P7 2010
This casebook covers the topics of: intentional torts; privileges; negligence;
defenses; vicarious, strict and, and products liability; nuisance; defamation;
privacy; civil rights; misuse of legal procedure; and interference with
relationships. It is in the course reserve section on the first floor and only
circulates for three hours. Please see a staff person for assistance.
Primary Legal Materials
These are sources of primary, mandatory law. They contain actual statutes
and case law, as well as the digests used as finding aids in locating them.
Unlike other areas of law, tort law is diffuse enough that it will not be located
in a single title of the code. As citable, binding law, these are the usual goals of
legal research, but they lack explanation as to their meaning.
Burns Indiana Statutes Annotated
KFI 3030 .A43
One of the Unofficial codes for the State of Indiana. This Lexis publication
contains annotations to cases and other sources to expedite legal research. It
is in the Indiana Law section of the first floor, but as reference material, it does
not circulate.
Digest of the United States Supreme Court Reports, Lawyer’s Ed
KF 101.1 .U55
Like its West counterpart, this is a topical index to headnotes provided by
the publisher accompanying the reported decisions of the Supreme Court. This
is kept on the second floor; it is reference, so it cannot be circulated.
Federal Practice Digest 4th & Federal Practice Digest 5th
KF 127 .W48 1989
The Federal Practice Digest index headnotes from cases across a broad
spectrum of the federal judiciary. Everything from the Supreme Court through
military courts from 1984 to the present are included. This a great locator for
federal tort matters. This is kept on the second floor; it is reference, so it
cannot be circulated.
Federal Reporter, Federal Reporter 2d & Federal Reporter 3d
KF 105 F432
This is the major source of federal case law from the various Circuit Courts.
This is a great source for federal law and can be applicable to tort and liability
matters within Indiana and without. This is kept on the second floor; it is
reference, so it cannot be circulated.
Federal Supplement & Federal Supplement 2d
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KF 120 .F42
Consisting primarily of federal District Court decisions, this another
resource finding important caselaw on torts. It should be used in conjunction
with the Federal Reporter and the Federal Practice Digest. This is kept on the
second floor; it is reference, so it cannot be circulated.
Indiana Cases
KFI 3047.2 .I524
While this is an unofficial reporter, it is a great source for all recent Indiana
tort cases. All of the cases are taken from the North Eastern Reporter 2d and
3d, but they are indexed with the Indiana Digest making it easier to locate
them. It is in the Indiana Law section of the first floor, but as reference
material, it does not circulate.
Indiana Digest 2d
KFI 3057 W4
This is the West Digest for the Indiana Cases series. It contains headnotes
arranged by topic so that cases about Indiana tort law can be easily located. It
is in the Indiana Law section of the first floor, but as reference material, it does
not circulate.
North Eastern Reporter 2d & North Eastern Reporter 3d
KF 135.N6 N63
The North Eastern Reporter covers not only major Indiana Cases, but also
Illinois, Massachusetts, New York and Ohio. All decisions reported in Indiana
Cases are taken from this series. It is in the Indiana Law section of the first
floor, but as reference material, it does not circulate.
Supreme Court Digest
KF 101.1 .U55
This is the West digest for their Supreme Court Reporter. It indexes the
headnotes, by topic solely of Supreme Court decisions. It should be used in
conjunction with the Supreme Court Reporter. This is kept on the second
floor; it is reference, so it cannot be circulated.
Supreme Court Reporter
KF 101.A322 KA90 A1
West’s Supreme Court Reporter is more current than the official copy and
contains headnotes, annotations and Key Numbers for easier indexing and
location of topics. Like, U.S. reports, this is the source for Supreme Court
decisions on federal tort issues. This is kept on the second floor; it is reference,
so it cannot be circulated.
United States Code Annotated
KF 62.5 .W45
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This is West’s unofficial copy of the United States Code. The annotations
are useful for expediting research and include Key Numbers for use with other
West Publications. This is kept on the second floor; it is reference, so it cannot
be circulated.
United States Reports
KF 101 .U58
The official reporter for the United States Supreme court contains many of
the most important decisions in the country for tort law decisions, particularly
those issues which implicate constitutional concerns. This is kept on the
second floor; it is reference, so it cannot be circulated.
United States Supreme Court Reports, Lawyer’s Ed.
KF 101.A313
The Lexis Supreme Court reporter provides cases more current than the
United States reports. Like the West equivalent, it contains headnotes and is
indexed with its own digest. This is kept on the second floor; it is reference, so
it cannot be circulated.
West’s Indiana Code
KFI 3030 .A43
West’s code is the other major unofficial codification of Indiana law. This
set is kept in ready reference, behind the reference desk. Please see a staff
person for assistance.
Reference Materials
These books are all standard legal reference works of general applicability.
They cover almost every legal topic and will offer supplemental information on
most topics. Some contain annotations or notes that will refer you to primary
law, expediting your research.
American Jurisprudence 2d (AmJur)
KF 154 .A42
This is one of the classic legal encyclopedias and contains information
about various areas of tort law at both the state and federal level. It is located
in the reference section of the first floor and does not circulate.
American Law Reports (A.L.R.) 2d, 3d, 4th, 5th, 6th, Federal & Federal 2d
KF 132 A52
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Annotations in the American Law Reports cover a variety of legal topics,
usually in more depth than an encyclopedia article, but focusing on narrower
applications of the law; tort law is included among the list of topics covered. It
is located in the reference section of the first floor and does not circulate.
Black’s Law Dictionary
Bryan A. Garner, ed.
KF 156 .B53 2009
One of the standard reference works in a law library, this dictionary
provides definitions for terminology across the entire legal spectrum. Multiple
copies and editions are available, with the most recent being kept in the ready
reference section behind the reference desk. Please see a staff person for
assistance.
Burton’s Legal Thesaurus
William C. Burton
KF 156 B856 2013
Another standard legal reference work, this thesaurus provides synonyms
and antonyms for a wide variety of terminology from law and related fields.
This volume is kept in ready reference, behind the reference desk. Please see a
staff person for assistance.
Corpus Juris Secundum (C.J.S.)
KF 154 .C56
Like American Jurisprudence, the other major legal encyclopedia, this set
contains information about various areas of tort law at both the state and
federal level. It is located in the reference section of the first floor and does not
circulate.
Restatement of the Law, Second, Torts
KF 1249 .A4 R47
Restatement of the Law, Third, Torts -- Products Liability
KF 1296 R467 2004
Restatement of the Law, Third, Torts -- Apportionment of Liability
KF 1312 R469 2000
Restatements are declarations by legal experts and scholars about how
specific areas of the law should operate. In addition to the analysis of the law,
there are also lists of court cases which have cited the restatement as
authority. It is not a codification of primary law, but is considered very
persuasive by some courts. The restatements are located in the ready
reference section behind the reference desk and do not circulate.
West's Indiana Law Encyclopedia
KFI 3065 .W44
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This series serves much the same purpose as AmJur and CJS, but focused
on Indiana Law. It is located in the Indiana Law section of the first floor, but
as reference material, it does not circulate.
Study Guides, Outlines & Hornbooks
Study guides are commercially prepared outlines and supplements which
provide additional detail to add to a student’s understanding of particular
areas of law. They typically have less depth than a hornbook but provide
summaries of difficult concepts.
Hornbooks are single volume treatises which follow alongside casebooks and
expand on their subject matter.
The Forms and Functions of Tort Law, 3d.
Kenneth S. Abraham
KF 1250.Z9 A27 2007
This study guide looks at: intentional harm, negligence, defenses, strict
liability and nuisance, products liability, damages, affirmative duties, tort
reform, harm to reputation, and economic harm. It is available in the reserve
section on the first floor; please see a staff person for assistance.
The Glannon Guide to Torts
Richard L. Hansen
KF 1250 .Z9 H375 2009
This study guide combines both discussion of the black letter law with
questions to test the mastery of the material. It looks at: intentional torts,
negligence, causation, strict liability, products liability, and damages. It is
available in the stacks on the third floor.
The Law of Torts, 4th (Examples & Explanations)
Joseph W. Glannon
KF 1250 .Z9 G58 2010
This guide contains detailed explanations of black letter law interspersed
with questions and hypotheticals. The guide covers: intentional torts,
negligence, causation, duties, damages, liability with multiple defendants and
defenses. It is available in the stacks on the third floor.
Torts, 5th (Blond Law Guides)
Neil C. Blond
KF 1250.Z9 B55 2009
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Because it is smaller than some of the other guides, this study guide
necessarily does not cover topics is as much depth as others might, but it still
includes a variety of outlines, cases and discussions of black letter tort topics.
It analyzes: intentional torts, privileges, negligence, causation, joint tortfeasors,
damages, wrongful death, defenses, strict liability, products liability nuisance,
defamation, privacy, civil rights, misuse of legal procedure and assorted other
torts topics. It is available in the stacks on the third floor.
Torts, 5th (In a Nutshell)
Edward J. Kionka
KF 1250.Z9 K53 2010
This nutshell outline covers: causation, strict liability, negligence,
intentional torts, trespass, products liability, vicarious liability, malpractice,
torts and contracts, immunities, wrongful death, defamation, privacy and
misrepresentation. It can be found in the course reserves on the first floor,
please see a staff person for assistance.
Torts (Law in a Flash)
KF 388 T67
Based on the Emanuel torts outline, these flashcards cover both black letter
legal definitions and application of the law via hypotheticals. They are
available in the reserve section for a three hour checkout; please see a staff
person for assistance.
Torts, 9th (Emanuel law Outlines)
Stephen L. Emanuel
KF 1250.Z9 E47 2011
One of the most in-depth and well respected outlines, the Emanuel tort
outline covers: intentional torts, negligence, causation, joint tortfeasors, duties,
damages defenses, vicarious liability, strict liability, products liability,
nuisance, defamation and other topics. It also includes essays for test
preparation. It is available in the stacks on the third floor.
Torts: Cases, Problems and Exercises, 4th ed.
Russell L. Weaver, John H. Bauman, John T. Cross, Andrew R. Klein, Edward
C. Martin & Paul J. Zwier, II
KF 1250 W43 2013
This casebook analyzes the issues of intentional torts and their defenses,
negligence, actual and proximate case, multiple tortfeasors, damages, premises
liability, wrongful death, vicarious liability, strict liability, nuisance, products
liability, defamation civil rights, misuse of process, misrepresentation, and
competitive torts. It is available in the stacks on the third floor.
Torts: Proximate Cause (Turning Point Series)
Joseph A. Page
KF 1254 .P34 2003
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This turning point book on proximate cause looks briefly at the history of
proximate cause through several of the major cases in the area. It then
discusses a variety of scenarios and the various rules for proximate cause,
followed the rules for intervention. It then discusses intentional torts and strict
liability and ends with a brief synopsis of “Scope of liability”. It is available in
the stacks on the third floor.
Understanding Torts, 2d
John L. Diamond, Lawrence C. Levine & M. Stuart Madden
KF 1250 D5 2000
One of the standard study guides, the book covers the following topics:
intentional torts, negligence, causation, joint and several liability, damages,
defenses, strict liability, products liability, nuisance, misrepresentation,
tortious interference with contracts, misuse of legal processes, defamation, and
invasion of privacy. It is available in the reserve section on the first floor;
please see a staff person for assistance.
Treatises
All treatises are longer, in-depth looks at particular areas of the law. They
tend to cover one or several volumes and include both bound volumes and
looseleafs. Bound volumes are periodically updated by pocket parts and
supplements while looseleafs come in binders and are updated continuously
throughout the year by adding or removing the relevant sections.
The American Tort Process
John G. Fleming
KF 1250 .F55 1990
This book is intended to provide an explanation of how American tort law
differs from that of other legal system, both those of the common and civil law.
This will be most useful to foreign law students or those looking at comparative
law issues. It is available in the stacks on the third floor.
The Blame Game: Injuries, Insurance and Injustice
Jeffrey O’Connell and C. Brian Kelley
KF 1257 .O26 1987
This book is somewhat out of date, making some of the analysis on tort
reform obsolete. However, it is useful as a point of comparison with later books
on the topic. It is available in the stacks on the third floor.
Case Studies of Mass Tort limited Fund Class Action Settlements &
Bankruptcy Reorganizations
S. Elizabeth Gibson
KF 1257 .A4 G53 2000
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This book compares bankruptcy and class actions settlements as a means
of providing relief for claimants. It looks at the history, parties, attorneys, fees,
and awards to determine the optimal resolutions for the analyzed cases. It is
available in the stacks on the third floor.
Causes of Action, 2d.
KF 8863 S53 1993
This series function much like Am. Jur. Trials or Am. Jur. Proof of Facts. It is
a series of articles which provide in depth look at very specific tort cases. It
focuses more on the practical aide of bringing an action, than the theoretical
underpinnings of the action itself.
Civil Juries and the Politics of Reform
Stephen Daniels and Joanne Martin
KF 1250 .D36 1995
This is a book on the political aspects of tort reform and how reform has
been enacted in various aspects of tort law. It takes a critical view of the need
and advisability of tort reform law. It is available in the stacks on the third
floor.
Damages in Tort Actions
KF 1250 .D35 1982
This multivolume, looseleaf series is dedicated to how to properly value the
quantum of damages available in tort claims. It includes discussion of the
various types of damages, and then segues into the various claims that give
rise to them.
Dobbs Law of Remedies: Damages, Equity, Restitution, 2d.
Dan B. Dobbs
KF 9010 .D6 1993
This multivolume treatise looks at the remedies avail be in civil law. It is of
particular interest in torts and contracts. It considers the available relief for a
variety of torts and should be used in conjunction with other resources to give
a more complete idea of potential outcomes of a case. It is available in the
treatise section on the third floor.
Exploring Tort Law
M. Stuart Madden, ed.
KF 1250 .A2 E97 2005
This book is a series of essays by various legal scholars about tort law in
the new millennium. It is written much in the same tone as academic journal
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articles and so may not be accessible to people with no previous exposure to
tort law. It is located in the stacks on the third floor.
Foundations of Tort Law
Saul Levmore & Catherine M. Sharkey
KF 1250 .A2 F68 2009
This book is intended for the use of tort professors in explaining the
concepts covered in the typical first year tort course. It is written as a series of
essays each analyzing a particular major tort issue or idea. It is available in
the stacks on the third floor.
A Guide to Toxic Torts
KF 1257 .G83 1987
This multi-volume series discusses the basic aspects of toxic tort litigation,
including: discovery, damages, witnesses, defenses and case management. It
then discusses how practitioners should handle various specific types of toxic
tort cases, like: mold, asbestos, formaldehyde, etc.
In Defense of Tort Law
Thomas H. Koening & Michael L. Rustad
KF 1250 .K57 2001
This book looks at tort law as a means of achieving social justice as much
as financial remediation. It discusses: the history and social basis of torts,
torts and how they affect gender issues, the need for tort law in medical issues,
the importance of products liability law and tort law in the new millennium.
The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and
Under Modern Statutes for Actionable Wrongs to Persons and Property
Francis M. Burdick
KF 1250 .B8 2000
This reprint of a 1905 treatise provides a historical look at tort law. It
considers: the nature of a tort, harms that are not torts, parties to actions,
remedies, discharge, assault and battery, family related torts, defamation,
trespass, and trover and conversion. It is not useful for students looking at
current or modern tort law, but can be useful for comparison. It is available in
the stacks on the third floor.
The Law of Torts, 2d (Practitioner Treatise Series)
Dan B. Dobbs, Paul T. Hayden & Ellen M. Bublick
KF 1250 .D59 2011
This multivolume treatise covers many of the same topics discussed in
other treatises and study guides, but in much greater depth. It looks at
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intentional torts, negligence, immunities, special duties, vicarious liability,
strict liability, products liability, damages and apportionment of liability,
defamation, privacy, misuse of legal processes, interference with familial
relationships, tortious interference with contracts, and unfair competition. It is
available in the treatise section on the third floor, but does not circulate.
The Lawsuit Lottery: Only the Lawyers Win
Jeffrey O’Connell
KF 1250 .O2 1979
This book criticizes the then current state of tort law and calls for tort
reform. Much of the material is now out of date and useful as a point of
comparison. It is available in the stacks on the third floor.
Lawyers are Killing America: A Trial Lawyer’s Appeal for Genuine Tort Reform
Robert V. Wills
KF 1250 .W55 1990
Another book calling for tort reform, this one is based on the author’s
experience as a litigator. Link some of the other tort reform books, this one is
somewhat out of date and more useful for looking at the tort reform movement
than an explanation of tort law.
Mass Tort Settlements Class Actions: Five Case Studies
Jay Tidmarsh
KF 1250 .Z9 T53 1998
The five cases profiled in the book are examined in terms of history, notice,
future claimants, settlements, approval and a brief assessment. There is no
discussion of policy issues or how to prosecute these types of claims, merely
illustrations of cases that have been successful. It is available in the stacks on
the third floor.
Mass Torts in a World of Settlement
Richard A. Nagareda
KF 1250 .N34 2007
This book looks at how mass torts, with their focus on settlements and their
extremely long administrative process differs from traditional tort law. It is a
mostly historical look at the developments of mass torts and how they differ in
scope. It is available in the stacks on the third floor.
Tort Law in America: An Intellectual History
G. Edward White
KF 1249 .W48 1985
This book looks at how various schools of legal thought have shaped the
evolution of American tort doctrine. It provides little explanation for tort law
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itself, but provides some helpful socio-historical context in which to place
various cases. It is available in the stacks on the third floor.
Tort Reform by Contract
Paul H. Rubin
KF 1251 .R83 1993
This book is written from an economic rather than a legal perspective. It
calls for contractual limitations on damages in tort awards on the basis of
economic efficiency. It is available in the stacks on the third floor.
The Torts Game: Defending Mean Joe Green
Johnathan L. Zittrain & Jennifer K. Harrison
KF 1250 .Z9 Z58 2004
This book uses a single case study as the basis for discussion several
aspects of tort law. It looks at intentional torts, negligence, and vicarious
liability. It also discusses the role that insurance has to play in modern tort
litigation. It is available in the stacks on the third floor.
Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and
the Common Law
Carl T. Bogus
KF 1296 .B64 2001
This book defends the current trot system on the basis that it acts as a
secondary regulatory agency in society, preventing harm that otherwise might
go uncorrected. It is available in the stacks on the third floor.
Audio/Visual Resources
Audio/Visual resources includes compact discs, DVD’s and other means of
reproducing material other than the printed word. These materials are
collected specially on the first floor. Please see a staff person for assistance.
Hot Coffee
Susan Saladoff, Carly Hugo, Alan Oxman, Al Franken & John Grisham
KF 1250 H68 2011
This video looks at corporate spending and the efforts to establish tort
reform. It examines four cases to establish the need for a strong tort system
and prevent the passage of tort reform laws.
Torts (Sum + Substance CD Ceries)
Stephen Finz
KF 1250 .A2 F46 2005
This series of lectures on 7 CD’s covers intentional torts, trespass,
negligence and causation, strict liability and ultrahazardous activities,
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comparative and contributory negligence, business torts, nuisance, misuse of
the legal system, products liability, defamation and other reputational harms.
Blawgs & Other Online Resources
Indiana Law Blog
http://indianalawblog.com/
This blog covers legal trends and news in the state of Indiana and beyond.
Some of the posts do tort and civil liability related topics. It can be a useful
resource for keeping abreast of changes and updates in tort law.
SCOTUS Blog
http://www.scotusblog.com/
This blawg tracks the decisions of the Supreme Court of the United States.
It is a good way to stay current on up to date legal changes and major
decisions involving tort law.
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