UNIVERSIDAD DE ESPECIALIDADES ESPIRITU SANTO SCHOOL OF INTERNATIONAL STUDIES INTERNATIONAL CAREERS PROGRAM SYLLABUS GENERAL INFORMATION CLASS: TORTS PREREQUISITE(S): None PROFESSOR: Thomas Corbin BIMESTER: Fall I 2006 CODE: DER 307(65) CREDITS: 3 CODE: SCHEDULE: Morning: 1145-1305 Evening: 1800-1720 CLASSROOM: Morning: G-222 Evening: G-222 CONTACT HOURS: 48 NON-CONTACT HOURS (HOMEWORK): 96 1. COURSE DESCRIPTION The purpose of this course is to continue student’s familiarization to the elements and basic concepts of Anglo Saxon Common Law. This course will focus on the following topics: * Negligence * Strict Liability *Products Liability *Nuisance *Defamation & Misrepresentation It should be further noted that this survey will be treated and conducted like a law school class in the English speaking world. Therefore, in addition to a final and mid-term exam, students will be called upon to provide recitation of facts and case materials. The choice of recitation is random and students will be required to be prepared at each and every class period. A recitation of a case includes: Name of the Case, Facts of the Case, Issues of the Case & Conclusion of the Case. 2. CLASS OBJECTIVE The objectives of this class is upon completion: *Identify the principle issues of Anglo-Saxon Common Law, *Identify the differences between Civil Code and Common Law Solutions, *Have a basic understanding of fundamental rights, *Have a basic understanding of Negligence, *Have a basic grasp of Products Liability, *Have a basic grasp of Misrepresentation, Defamation and False Light, *Have an advanced knowledge of the difference between Criminal Cases and Civil Tort claims, *And to score a passing grade on all exams. 3. GENERAL METHODOLOGY This survey will be treated and conducted like a law school class in the English speaking world. Therefore, in addition to a final exam and mid-term exam, students will be called upon to provide recitation of facts and case materials. The choice of recitation is random and students will be required to be prepared at each and every class period. In addition to the Socratic method of case recitation, lecture, group discussions and practical exercises will be conducted in class. 4. GOALS AND LEARNING OUTCOMES Students should: * Learn about the anglo-saxon legal system, * Learn to compare and contrast the subject matter law with civil code equivalents, * Become familiar with current event changes in both systems, * Master basic format plans of the Common Law system, * Master the terminology as present in class and in the book, * Learn to identify and use appropriate English and Latin legal terms, * and work in groups to expand learning and team building. 5. COURSE CONTENT OUTLINE DATE/SESSION UNITS/CONTENT Subject(s) to be covered 9-4 Wk 1 9-5 WK 1 9-6 WK1 9-7 WK 1 9-11 WK2 9-12 WK 2 9-13 WK 2 9-14 WK 2 9-18 WK 3 9-19 WK 3 9-20 WK 3 9-21 WK 3 9-25 WK 4 9-26 WK 4 9-27 WK 4 9-28 WK 4 10-2 WK 5 Introduction—Overview of Intentional Torts Introduction of Negligence—Review of Palsgraff Overview of Negligence, Strict Liability and Products Liability Defenses Quiz 1 Standard of Care Standard of Care Cont. Proof of Negligence Contributory Negligence Strict Liability Quiz 2 Strict Liability Cont. Manufactures Liability Manufactures Liability Cont. Differences between Manufactures Liability and Regular Strict Liability Quiz 3 Contract Warranties Damages in Tort Cases Contributory v. Comparative Negligence. 1st Half Review: Negligence, SL, Damages and Defenses. Mid-Term Exam Immunities HOMEWORK /READINGS (96 HRS.) ASSESSMENT Assignment & number of allotted hours-specify pages 0 How assignment will be evaluated Class Lecture Pages 1-25 Hours 3 Class Lecture Socratic Recitation Pages 1-25 4 Hours Class Lecture Socratic Recitation Pgs. 142-173 4 Hours Class Lecture Socratic Method Weekly Quiz Class Lecture Socratic Method Class Lecture Socratic Method Class Lecture Socratic Method Class Lecture Socratic Method Weekly Quiz Class Lecture Socratic Method Class Lecture Socratic Method Class Lecture Socratic Method Class Lecture Socratic Method Weekly Quiz Pgs. 178-207 4 Hours Pgs. 207-254 Hours 3 Pgs. 254-280 Hours 4 Pgs. 383-413 Hours 3 Pgs. 378-383 Hours 3 Pgs. 383-413 Hours 3 Pgs. 413-456 Hours 3 Handouts See Torts Website 4 Hours Handouts See Torts Website 3 Hours Handouts See Torts Website 3 Hours 5 Hours Class Lecture Socratic Method 8 Hours Exam Pgs. 540-558 Hours 3 Socratic Method Class Lecture Class Lecture Class Lecture 10-3 WK 5 10-4 WK 5 10-5 WK 5 10-9 WK 6 10-10 WK 6 10-11 WK 6 10-12 WK 6 10-16 WK 7 10-17 WK 7 10-18 WK 7 10-19 WK 7 10-23 WK 8 10-24 WK 8 10-25 WK 8 6. EVALUATION Midterm exam: 25% Final Exam: 25% Duty to Act Assumption of the Risk Torts Worksheet; Identifying SL, Negligence, Assumption and Contributory Negligence Actual Causation and Contribution Possible Holiday Actual Causation and Contribution-Cont. Risk Torts Worksheet; Identifying SL, Negligence, Assumption and Contributory Negligence Risk Cont. Misrepresentation and Defamation False Light Differences Pgs. 558-582 Hours 4 Pgs. 640-655 Hours 4 Handouts 2 Hours Socratic Method Class Lecture Socratic Method Class Lecture Socratic Method Class Lecture Weekly Quiz Pgs. 656-686 Hours 4 Lecture Only Socratic Method Class Lecture Socratic Method Class Lecture Hours 4 Pgs. 656-686 Hours 4 Handouts 2 Hours Socratic Method Class Lecture Weekly Quiz Pgs. 686-710 Hours 4 Pgs. 766-777 & 901-907 4 Hours Handouts, See Torts Website 4 Hours Handout See Torts Website 3 Hours Class Lecture Socratic Method Class Lecture Socratic Method Class Lecture Socratic Method Property Owners Liabilities to Trespassers, Invitees and Licensees Final Writing Assignment Review Review 4 Hours Exam Exam 8 Hours Exam Digest 2 Hours Law In Cinema Class Lecture Socratic Method Weekly Quiz Class Lecture Socratic Method Class Lecture Socratic Method Quizzes: 25% Class Participation: 25% 7. CLASSROOM POLICIES Students are expected to be prepared for each class session. If there are circumstances which justify your lack of preparation, they must be discussed with the professor and approved before class. Any student who is unprepared in class without being excused as set forth above will meet with the professor to discuss the matter. All available sanctions are reserved for students who are unprepared. Attendance will be taken on the basis of the seating chart at the beginning of class. If you must leave at the break, it is your responsibility to advise the professor. This attendance policy complies with UEES rules and regulation. Late arrivals or early departures will be counted as half absences. If you are not present when roll is called, you are absent. Therefore, be to class on time. There really is no excuse. No cell phones. Turn them off before you come to class. Exam dates are firm. Make ups will only be given on a case by case basis. There will be no make ups for the quizzes. The two lowest of the quiz grades will be dropped. The Professor reserves the right to change the grading system and the schedule of this syllabus as needed. 8. BIBLIOGRAPHY: Torts Keeton and Keeton Westlaw Publishers There is a copy of the text at the Copy Center. Legal Definitions: http://www.legalsouth.com/legalterms_a_e.html Helpful Legal Link: www.findlaw.com History of Common Law: http://www.radford.edu/~junnever/law/commonlaw.htm History of US Common Law: http://www.svpvril.com/OACL.html#StolenGold Wikipedia Definition of Negligence: http://en.wikipedia.org/wiki/Negligence What is a Tort: http://education.yahoo.com/reference/dictionary/entry/tort Defamation: http://www.duhaime.org/Tort/ca-defam.aspx False Light: http://netlaw.samford.edu/Martin/AdvancedTorts/falselight.htm Misrepresentation: http://en.wikipedia.org/wiki/Misrepresentation Contributory Negligence: http://en.wikipedia.org/wiki/Contributory_negligence Comparative Negligence: http://en.wikipedia.org/wiki/Comparative_negligence Strict Liability: http://www.west.net/~smith/strict.htm Premise Liability: http://www.expertlaw.com/library/premises_liability/premises_liability.html Proximate Cause: http://dictionary.law.com/default2.asp?selected=1669&bold=%7C%7C%7C%7C Sample Law Questions and Outlines: http://www.passthebar.com/index.html 9. TEACHER INFORMATION: NAME: Thomas Corbin DEGREES: Bachelor of Science Juris Doctorate UNIVERSTIY: Eastern Michigan Cooley Law School EMAIL: corbintom@yahoo.com