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2021-2022 College Catalog [ARCHIVED CATALOG]

PAR 203 - Tort Law Procedures

3 Credits, 3 Contact Hours
3 lecture periods 0 lab periods

Concepts and procedures used in tort law cases. Includes tort litigation procedures and tort case law in the areas of negligence, professional negligence, strict liability, product liability, liability issues, and insurance coverage. Also includes interviewing and investigation techniques for the paralegal in tort cases.

Prerequisite(s): PAR 101  and PAR 102 .
Information: Prerequisites may be waived if employed in a legal-related field; see a PAR advisor or course instructor.
  button image Prior Learning and link to PLA webpage

Course Learning Outcomes
  1. Define a tort and distinguish between a tort and a crime as well as a tort and a breach of contract.
  2. Analyze and describe the procedural steps involved in tort litigation.
  3. Read, brief and analyze tort case law.
  4. Interview clients/witnesses and gather facts.
  5. Describe the elements of a negligence cause of action and analyze potential defenses.
  6. Identify the elements of various intentional and unintentional torts.
  7. Identify professional negligence claims and recognize potential defenses.
  8. Describe strict liability and discuss examples.
  9. Differentiate between negligence, warranty and strict liability causes of action in product liability cases.
  10. Identify circumstances of vicarious liability.
  11. Identify various types of insurance coverage.
Outline:
  1. Introduction
    1. History of tort law
    2. Classification of torts
    3. Relationship between torts and other areas of law
  2. Tort Litigation Procedures
    1. Complaint and answer
    2. Discovery and pre-trial procedures
    3. Trial and post-trial procedures
    4. Case management
  3. Tort Case Law
    1. Briefing cases
    2. Issue/rule/application/conclusion/method of legal analysis
  4. Interviewing and Investigation
    1. Gathering facts
    2. Client interviews
    3. Witness interviews
  5. Negligence
    1. Elements of cause of action
    2. Categories of damages
    3. Potential defenses
  6. Other Torts
    1. Defamation, libel and slander
    2. Intentional torts against persons
    3. Intentional torts against property
    4. Misrepresentation
    5. Nuisance
    6. Invasion of privacy
  7. Professional Negligence
    1. Medical malpractice
      1. Informed consent
      2. Reasonable care
      3. Medical records/terms
    2. Expert witness
    3. Other types of professional negligence
  8. Strict Liability
    1. Overview of abnormally dangerous activities
    2. Limitations
  9. Product Liability Actions
    1. Breach of contract/warranty
    2. Negligence
    3. Strict liability in tort
  10. Liability Issues
    1. Vicarious liability
    2. Joint and several liability
    3. Indemnification
  11. Insurance Coverage
    1. Types of insurance
    2. Insurance company defenses
    3. Automobile insurance

Effective Term:
Spring 2016