Introduction to Torts
Class Objectives
Learn The Basics of Tort Law
Broad overview
More detail in the advanced torts courses
You learn material better by going over it
more than once
Learn How To Read Real Cases
Full text, unedited cases, just like a
lawyer would use
Become Familiar With MO Law
More than any other area of law, tort law is
state law.
Very few United States Supreme Court tort
decisions that bind all states
Congress can preempt most state tort law,
but has done so only in very limited
circumstances.
Develop Your Own Practice
Materials
You will get cases and other materials that
will form the basis of a Mo torts practice
You will add to these if you take my
advanced torts class on health care torts
Attendance
School Policy
Sign the Role Sheet
False Certification is an honor code
violation
Tell Dean Davis about absences
Do not tell me about your reasons for being
absent – it is none of my business
Class Seating
Fill from the front so the only empty seats
are in the back
Pick your seat next time - we use a seating
chart
Class Participation
1) Read the material
2) Show up
3) Pay attention
4) Stand up and answer intelligently when
called on, or at least convince me you are in
the right class and have read the material
“Unprepareds”
Being unprepared is a bad thing.
You get two free "unprepareds“
Leave a note on the podium for me by the
beginning of class if you need one
Do not explain why, just your name and
unprepared
After 2, each unprepared costs you a (minus) on your final grade.
Final Exam
The final exam will be in class, closed book
and notes
Some of the exam will be short answer
There will be an ungraded practice midterm
Class Materials
Your materials will be on the WWW site:
http://biotech.law.umkc.edu
Study Questions
I will give you extensive sets of study
questions to help you prepare for the
exam
It is your responsibility to find the
answers
Using the WWW
Law is an information business and that business
has moved online. In some areas the books have
already been discontinued.
Online is cheaper and faster
You need to learn how to do online and how to
organize electronic materials
You need your own computer, either desktop or
laptop, to keep track of your notes and materials
Computers in Class
You do not need a laptop in class - bring in
printed notes, annotate them, put the
changes back in later - less distracting to
you and less prone to disaster.
You are responsible for learning to lookup
cases on Lexis or Westlaw from citations
that I give you.
Types of Law
Criminal Law
Between the state and an individual
Only laws that can lead to imprisonment for
punishment
Defendant must pay own fees in most cases
Right to counsel is very limited
Most closely controlled by the United States
Supreme Court
Administrative Law
Includes
Environmental Law
Consumer Protection Law
Health Law
Banking Regulations
At least 50% of all legal work
Federal agencies to the local zoning board
Take ad law!
Private Law
Contracts
agreements between individuals
damages are about money
Property law
issues with ownership and convenience of
property, usually land
Family law
Children and divorce
State and federal law
Torts
Compensation for accidents and intentional
wrongdoing
Deterrence for future acts
Punishment for past acts
Substantial overlap with criminal and
administrative law
Tort Litigation
Plaintiffs
Contingency Fees
30%-50%, plus expenses off the top
Some firms make the client pay expenses
up front
MO law allows the firm to advance
expenses and finance the case as part of the
contingency
What is the incentive?
Defense
Hourly or Fixed Fee
Very expensive
Usually paid by insurance in negligence
cases
What is the incentive?
Who Pays When The Case Is
Over?
Each side pays their own attorney
Defendant pays Plaintiff if Defendant loses
Under some rules of procedure, Plaintiff
sometimes has to pay defendant’s costs if
Plaintiff rejects a reasonable settlement
from defendant and then loses at trial
Constitutional Issues
No US constitutional requirement that there
be more than a most rudimentary tort
system.
Must be fairly applied, if you have one
Some state constitutions guarantee access to
a tort system
All states have abrogated these to some
extent for worker's compensation systems
Why Have Tort Law?
Prevents Self-Help
No eye for an eye
Limits feuds
Tries To Substitute For Morality
Imposes duties that once belonged to religion
Traditionally tort law was in the church's courts
Basic enforcement was going to hell
Tort Populism
Vents Populist Angst
Power of big business
Perception that society is out of control
Little guy’s revenge
Modern version of the Roman bread and
circuses
Substitutes For Governmental
Regulation And Policy
Contraceptives
Breast Implants
Tobacco
No proper health insurance system?
Sue HMOs
No proper disability and retraining system?
Sue other motorists
Fills The Gaps In Law
Whenever societal mechanisms fail, tort
law provides a cushion
California Child Molesters Relief Act and
the Missouri Cokeheads Relief Case
Conflicting policy between
retribution/punishment and compensation
so that state does not have to pay.
What Can You Recover?
Money
Money
Money
Money
That Is It: Money
Never say that you cannot put a price on
human life.
Damages
Only physical injuries?
Emotional Suffering
Dignitary injuries
Reputation injuries
No money? - no recovery
10/20 Policies
Basis For Liability
Intentional Torts
Negligence
Strict Liability
Defamation
Statutory Torts
Core Concepts
Intent
Consent And Assumption Of Risk
Assumption Of Obligations
Notice
Liability For Others
Liability for Products