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Torts - Fall 2025 (Sections 1,2)
Professor Johnson


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Meeting Times and Locations:
T W Th @ 8:30 in Classroom C

Text for the Course: Prosser, Wade and Schwartz, Torts: Cases and Materials, 15TH EDITION (2024)
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Contact and Office Hours:
Professor Stephen Johnson; Room 375; (478) 301-2192; [email protected]

Office Hours: 
M,W: 11:00-1:00;
T,R: 1:00-2:00.   Other times by appointment.



Course Requirements and Grading
Learning Outcomes

Weekly Assignments


Attendance:  Attendance is mandatory.  If a student accumulates more than 6 absences during the semester, the student will not pass the course. 

Preparation:  Preparation is mandatory.  Class participation will be considered in grading.


Questions: Out of class questions are invited.  Please feel free to stop me after class, contact me during office hours or at any other time that is convenient for your schedule and mine.  

Technology:  The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone.  To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates.  Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class.  Please let me know if a classmate disregards these rules and is hindering your ability to learn.

Note-taking: Resist the temptation to take down everything that is said in class.  Instead, process what is being discussed and be selective.  Don’t let note-taking interfere with your thinking about what is being discussed.



 
Assignments by Week:

Week 1:

Tuesday, August 19:    Development of Liability Based Upon Fault:   Read pages 1-10;  Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas

Wednesday, August 20: Development of Liability Based Upon Fault (cont.): Read Pages 10-16

Thursday, August 21: Intent: Read Pages 27-38

Asynchronous Module for Intent (on Canvas) - due before class begins on Tuesday, August 26


Week 2:

Tuesday, August 26: Battery: Read Pages 45-55  (FYI - CALI exercise available on Battery)

Wednesday, August 27: Assault; False Imprisonment: Read Pages 56-66

Thursday, August 28: False Imprisonment (cont.); Intentional Infliction of Emotional Distress:  Read Pages 66-79;  Required CALI Exercise - Assault (Due before class begins on Thursday, September 4)

Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Wednesday, September 3


Week 3:

Tuesday, September 2: Class cancelled

Wednesday, September 3:  Trespass to Land: Read Pages 97-103; Read Bradley v. American Smelting and Refining Co. 

Thursday, September 4: Trespass to Land (cont.); Trespass to Chattels: Read Pages 104-114

Asynchronous Module for Consent - due before class begins on Tuesday, September 9


Week 4:

Tuesday, September 9: Privileges: Consent; Self-Defense; Defense of Others: Read Pages 140-145, 162-167

Wednesday, September 10: Defense of property; Recovery of property: Read Pages 167-180 

Thursday, September 11: Necessity, Discipline: Read Pages 180-187, 190-192

There is No Asynchronous Module This Week


Week 5:

Tuesday, September 16: Practice Exam and Review

Wednesday, September 17: Negligence: Introduction: Read Pages 193-205

Thursday, September 18: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 205-218

Asynchronous Module for Negligence: Standard of Care (on Canvas) - due before class begins on Tuesday, September 23


Week 6:

Tuesday, September 23: Negligence: The Reasonable Person: Read Pages 227-235, 240-245

Wednesday, September 24: Negligence: The Reasonable Person: Read Pages 245-254; (FYI -CALI Exercises are available on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)

Thursday, September 25: Negligence: The Reasonable Person: Read Pages 254-275;  Required CALI Exercise - Reasonable Person (Due before class begins on Thursday, October 10)

Asynchronous Module for Alternate Standards of Care (on Canvas) - due before class begins on Tuesday, September 30


Week 7: 

Tuesday, September 30: Negligence: Violation of a Statute (cont.): Read Pages 293-303 

Wednesday, October 1:  Proof of Negligence: Circumstantial Evidence: Read Pages 303-311
 
Thursday, October 2: Res Ipsa Loquitor: Read Pages 311-321; McDougald v. Perry (FYI - CALI Exercise is available for Res Ipsa Loquitor)

Asynchronous Module for Res Ipsa Loquitor / Factual Causation (on Canvas) - due before class begins on Wednesday, October  8


Week 8:

Tuesday, October 7: Mid-Term Exam 

Wednesday, October 8: Causation in Fact (cont.): Read Pages 340-344; Gentry v. Douglas Hereford Ranch

Thursday, October 9:  Class cancelled


Week 9:

Tuesday, October 14:  Causation in Fact (cont.): Read Pages 366-384

Wednesday, October 15: Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on  Tuesday, October 21

Thursday, October 16: Fall Break - No class

Week 10:

Tuesday, October 21: Proximate Cause: Read Pages 395-412

Wednesday, October 22: Proximate Cause: Read Pages 412-423, 428-433

Thursday, October 23: Proximate Cause: Intervening Causes: Read Pages 434-444

Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on  Tuesday, October 28


Week 11:  

Tuesday, October 28: Proximate Cause: Public Policy: Read Pages 458-462, 526-527 (note 10) (FYI - CALI Exercise is available on Intervening Causes)

Wednesday, October 29: Negligence: Duty of Care, Failure to Act: Read Pages 553-555, 565-570

Thursday, October 30: Defenses to Negligence: Contributory and Comparative Negligence: Read Pages 749-765; (FYI - CALI Exercise is available for Comparative Fault and for Contributory Negligence)

Asynchronous Module for Assumption of Risk (on Canvas) - due before class begins on Tuesday, November 4


Week 12:  

Tuesday, November 4:
Defenses to Negligence: Assumption of Risk; Statutes of Limitation:  Read Pages 772-789

Wednesday, November 5: Defenses to Negligence: Family Immunities: Read Pages 789-803

Thursday, November 6: Defenses to Negligence: Charitable Immunity, Government Immunity: Read Pages 803-806, 818-825

Asynchronous Module for Premises Liability (on Canvas) - due before class begins on Tuesday, November 11

Week 13:

Tuesday, November 11: Damages: Skim Pages 669-674; Watch Damages Video; Skim Pages 681-691; Read Pages 691-698

Wednesday,  November 12: Damages: Read Zimmerman v. Ausland; Skim Pages 698-700; Read Pages 700-706
 
Thursday, November 13: Damages; Joint and Several Liability: Read Pages 707-717; Watch Video on State Farm case; Read Pages 463-476; (FYI - Several CALI Exercises are available that address Damages)

Asynchronous Module for Joint and Several Liability (on Canvas) - due before class begins on Tuesday, November 18

Week 14:

Tuesday, November 18: Joint and Several Liability: Read Pages 492-498

Wednesday, November 19:  Vicarious Liability: Pages 843-853

Thursday, November 20: Vicarious Liability (cont.); Strict Liability: Pages 853-856; Skim 866-868; Read 883-897

Asynchronous Module for Strict Liability (on Canvas) - due before class begins on Tuesday, December 2

Week 15:

Tuesday, December 2:  Exam Review (Reviewing Question 2 of 2001 exam - posted on Canvas).


Exam Period:

Thursday, December 11:  Final Exam
 

Course Requirements and Grading: Grading for the course is based on:

  • Mid-term exam - multiple choice questions - closed book (30% of course grade);
  • Final exam - essays - open book (70% of course grade);
  • Formative assessment exercises (CALI exercises; practice test) (required, but not graded numerically);
  • Satisfactory Completion of all Asynchronous Modules;
  • Attendance

Asynchronous Modules: One quarter of the material for this course is taught through asynchronous course modules.  While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules.  Thus, if the fourth class “meeting” for the semester is an asynchronous meeting, the fifth class meeting will likely present material that builds on the material presented in the fourth class.  For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.  

Each of the 12 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete.  Two of the modules includes an additional assignment requiring students to answer questions in short essay form. 

"Grading" for the asynchronous modules is based on completion of the assignments for the modules in a timely manner.  Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score.   In addition, when you complete the short essay assignments for the module that includes that assignment, please remember to upload your assignment from the assignment page in Canvas.  Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.  

Grading for the Asynchronous Modules: There are a maximum of 74 points available for the asynchronous modules.  Students must earn 52 points to "satisfactorily complete" the asynchronous modules.  If students do not "satisfactorily complete" the asynchronous modules, their final course grade will be reduced by the following number of points: 1 point if students earn 47-51 points; 2 points if students earn 42-46 points; 3 points if students earn 37-41 points; 4 points if students earn fewer than 37 points.  Points for the asynchronous modules are earned as follows:

  • Completion of modules - 2 points for on-time completion of each module; 1 point for late completion of each module (Maximum of 24 points for the 12 modules).
  • Completion of CALI exercises - 2 points for each CALI exercise completed on-time; 1 point for each CALI exercise completed late (Maximum of 46 points for the 23 CALI exercises);
  • Completion of short essay assignments in the modules - There are 2 modules that includes short essay assignments.   Students earn 2 points for each assignment if the assignment is completed on-time and 1 point if the assignment is completed late. (Maximum of 4 points for the assignments).

In addition to the CALI exercises in the asynchronous modules, students must complete two additional CALI exercises that will be assigned.  The exercises should be completed through the Lesson Link on the syllabus above.   

 
Learning Outcomes:  By the end of the semester, students should be able to do the following:

Legal Literacy: Understand and define legal vocabulary used in tort law; understand the role and differing characteristics of the common law, in contrast to statutory or regulatory law; understand the process through which common law is made and changed; understand the role of state courts in creating and evolving tort law, as contrasted with the federal courts; critically read and analyze cases to understand the rules and to articulate either a defense of such rules or formulate a critique; identify conflicting rules in authorities and offer rational reasons for preferring one over another; and consider points of contention and agreement between majority and minority rules, majority and dissenting opinions, and traditional and modern rules.

Legal Communication: Demonstrate engaged reading practices to include: distilling legal rules and important policy holdings from the cases; identifying and articulating the court’s reasoning; going beyond the words of a case to consider the implications of a holding for future litigants; and practicing reflective learning by incorporating class discussion and feedback into understanding the course material.

Problem Identification: Identify legal problems in a variety of factual scenarios; identify legal and policy issues raised by given facts; separate relevant from irrelevant facts; and discern conflicting rights and policy goals implicated in legal problems.

Problem Analysis: Articulate and explain the law that governs a dispute; apply established basic and complex rules and principles to solve problems and make logical predictions about the outcome of future disputes.

Critical Thinking: Read and listen skeptically, including separating relevant from irrelevant information; prioritizing among relevant facts and legal issues; identifying missing information necessary to resolve a given issue; recognizing how internal biases may prevent or impede critical thinking; and understanding the context in which tort issues are resolved, including the economic, political, and cultural assumptions relied upon by advocates and courts.

Forming Professional Identity:  Recognize potential conflicts between personal values and roles of the lawyer; communicate in professional voice in both written and oral communications.

Cultural Competency: Develop awareness of deep characteristics that comprise culture, and an awareness of positionality and how it affects the understanding and interpretation of the law.

Interpersonal Skills: Convey respect and courtesy to others; demonstrate active listening techniques. 
(Note: These outcomes are tied to the Law School’s learning outcomes, which are available at:  http://law.mercer.edu/www/mu-law/academics/upload/Learning-Outcomes-2017.pdf )  


 

                                                            Required University Syllabus Statements

Please follow this link, https://provost.mercer.edu/curriculum-information/syllabus-statements/,to review the syllabus statements that apply to all course syllabi at Mercer University.  These syllabus statements cover a range of important topics, including but not limited to, academic integrity and the honor system, access and accommodations, mental health and wellness, sexual misconduct/Title IX matters, and resources to enhance student success.  Information about law school related academic success resources are available at: https://law.mercer.edu/academics/academic-success-and-bar-preparation/services-and-resources/

                                                                                        AI Use:
If you wish to use AI tools for any aspect of your coursework, you must first obtain written permission from Professor Johnson. Requests will be considered on a case-by-case basis. If approved, you will receive specific guidelines for use and required attribution. Unapproved use of AI tools will be treated as plagiarism as defined by the University Honor Code.