Pgs. 413-456

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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
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