11/21/2024 7:44:41 AM	PLS 62 Course Outline as of Fall 2021	Changed Course
CATALOG INFORMATION
Discipline and Nbr:  PLS 62	Title:  TORTS
Full Title:  Torts
Last Reviewed:9/14/2020

Units		Course Hours per Week			Nbr of Weeks	Course Hours Total
Maximum	3.00	Lecture Scheduled	3.00		17.5 max.	Lecture Scheduled	52.50
Minimum	3.00	Lab Scheduled	0		6 min.	Lab Scheduled	0
		Contact DHR	0			Contact DHR	0
		Contact Total	3.00			Contact Total	52.50
		Non-contact DHR	0			Non-contact DHR Total	0

Total Out of Class Hours:  105.00

Total Student Learning Hours: 157.50

Title 5 Category:  AA Degree Applicable
Grading:  Grade Only
Repeatability:  00 - Two Repeats if Grade was D, F, NC, or NP
Also Listed As: 
Formerly: 

Catalog Description:

An in-depth examination of all phases of tort litigation from the initial stages of planning and preparing the civil lawsuit to trial.  Elements of tort causes of action are discussed in depth.  Negligence, a common element, is explained and applied to case fact patterns.  Common torts such as product liability, wrongful death, invasion of privacy and defenses to torts are presented for analysis.

Prerequisites/Corequisites:
Course Completion or Current Enrollment in PLS 51

Recommended Preparation:

Limits on Enrollment:

Schedule of Classes Information
Description:

An in-depth examination of all phases of tort litigation from the initial stages of planning and preparing the civil lawsuit to trial.  Elements of tort causes of action are discussed in depth.  Negligence, a common element, is explained and applied to case fact patterns.  Common torts such as product liability, wrongful death, invasion of privacy and defenses to torts are presented for analysis.

(Grade Only)
Prerequisites:Course Completion or Current Enrollment in PLS 51
Recommended:
Limits on Enrollment:
Transfer Credit:CSU;
Repeatability:00 - Two Repeats if Grade was D, F, NC, or NP

ARTICULATION, MAJOR, and CERTIFICATION INFORMATION

Associate Degree:		Effective:		Inactive:
Area:
CSU GE:	Transfer Area			Effective:	Inactive:
IGETC:	Transfer Area			Effective:	Inactive:
CSU Transfer:	Transferable	Effective:	Fall 2010	Inactive:
UC Transfer:		Effective:		Inactive:
C-ID:

Certificate/Major Applicable: Major Applicable Course

COURSE CONTENT

Student Learning Outcomes:
At the conclusion of this course, the student should be able to:

1. Identify and enumerate the elements for causes of action in tort cases.

2. Distinguish between intentional torts, negligence, and strict liability.

3. Perform tort litigation drafting tasks that are typically assigned to paralegals.

 

Objectives:

At the conclusion of this course, the student should be able to:

1. Draft and respond to pleadings in tort.

2. Apply appropriate standards of reasonableness, causation, and forseeability in tort actions.

3. Assist with assessment and investigation of claims for potential damages.

Topics and Scope

I. Introduction to Tort Litigation and Drafting

    A. Categories of torts

    B. Elements of torts

    C. Tort terminology

    D. Drafting pleadings in tort

II. Negligence: Summary

    A. Duty

    B. Breach

    C. Causation

    D. Damages

III. Negligence: Foreseeability

    A. Objective standard

    B. Determination "formula"

    C. Area analysis

    D. Activity analysis

    E. People analysis

    F. Preparation analysis

    G. Historical data

    H. Common Sense

IV. Negligence: Duty

    A. General rule

    B. Unforeseeable plaintiff

    C. Nonfeasance and special relationships

    D. Gratuitous undertaking

V. Negligence: Breach of Duty

    A. Standard of care:  reasonableness

    B. Breach of duty equation

    C. Objective or subjective standard

    D. Res ipsa loquitur

    E. Violation of statute, ordinance, or regulation

    F. Gross negligence and willful, wanton, reckless conduct

    G. Vicarious liability

    H. Medical malpractice

    I. Legal malpractice

VI. Negligence: Proximate Cause

    A. Evidence of causation

    B. Cut-off test of proximate cause

    C. Intervening causes

    D. Unforeseeable plaintiff

    E. Analysis of proximate cause

VII. Negligence: Damages

    A. Types of damages

    B. Pain and suffering

    C. Property damage

    D. Doctrine of avoidable consequences

    E. Joint tortfeasors

    F. Indemnity

VIII. Negligence: Defenses

    A. Contributory negligence

    B. "Last clear chance"

    C. Comparative negligence

    D. Assumption of the risk

IX. Intentional Torts

    A. Torts that survive

    B. Common law and statutory law

    C. Characteristics of actions that survive

    D. Wrongful death

    E. Avoiding double recovery

X. Infliction of Emotional Distress

    A. Intentional infliction of emotional distress

    B. Extreme or outrageous conduct

    C. Intent

    D. Causation

    E. Severe emotional distress

    F. Negligent infliction of emotional distress

    G. Physical harm and injury

    H. Later physical harm or injury

    I. Witnessing someone else's injury

XI. False Imprisonment and False Arrest

    A. Confinement

    B. Intent

    C. Causation

    D. Consciousness of harm

    E. Peace officer's privilege of arrest

    F. Private citizen's privilege of arrest

XII. Defamation

    A. Libel

    B. Slander

    C. Absolute privilege

    D. Publication

    E. Damages

XIII. Assault and Battery

    A. Intent and motive

    B. Harmful or offensive

    C. Transferred intent

XIV. Torts Against the Family

    A. Loss of consortium

    B. Loss of services

    C. Abduction or enticement of a child

    D. Criminal conversations

XV. Torts Connected with Land

    A. Trespass

    B. Strict liability for abnormally dangerous conditions or activities

    C. Nuisance

    D. Special problems of buyers and sellers

    E. Landlord and tenant

    F. Invasion of privacy

XVI. Business Torts

    A. Disparagement

    B. Interference with contract relations

    C. Injurious falsehood

    D. Interference with prospective advantage

XVII. Privileges and Immunities

    A. Consent in tort law

    B. Self-help privileges

    C. Sovereign immunity

    D. Official immunity-liability of government

    E. Employees

XVIII. Strict Liability

    A. Negligence

    B. Manufacturer and non-manufacturer

    C. Defenses

    D. Misrepresentation

    E. Warranty and strict liability

    F. Express and implied warranties

    G. Strict liability in tort

    H. Defective products that are unreasonably dangerous

Assignments:

1. Read textbook and outside sources of approximately 40 pages per week

2. Weekly pleadings in tort written homework assignments based on lecture and readings

3. Analysis of tort fact patterns

4. Participation in weekly discussions

5. Group work and group presentations of pleadings in tort

6. Tort terminology - homework

7. Midterm and final

Methods of Evaluation/Basis of Grade.

Writing: Assessment tools that demonstrate writing skill and/or require students to select, organize and explain ideas in writing.		Writing 20 - 25%
Weekly pleadings in tort written homework assignments, tort fact patterns
Problem solving: Assessment tools, other than exams, that demonstrate competence in computational or non-computational problem solving skills.		Problem Solving 20 - 25%
Tort terminology - homework, assignments, group work and presentations of pleadings in tort
Skill Demonstrations: All skill-based and physical demonstrations used for assessment purposes including skill performance exams.		Skill Demonstrations 0 - 0%
None
Exams: All forms of formal testing, other than skill performance exams.		Exams 40 - 45%
Midterm and final
Other: Includes any assessment tools that do not logically fit into the above categories.		Other Category 10 - 20%
Attendance and participation in weekly discussions

Representative Textbooks and Materials:

Essentials of Torts. 3rd ed. Statsky, William. Cengage Learning. 2012 (classic)

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