Torts - Fall 2021 (Sections 2 & 3)
Professor Johnson
Professor Johnson
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Attendance: Attendance is mandatory. If a student accumulates more than 6 unexcused 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.
Mercer University's Health and Safety Protocols for Fall 2021 in light of COVID-19 are linked here.
Masks must be worn in class at all times, regardless of vaccination status. If you do not have a mask, you can obtain one from the Dean's office.
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.
Mercer University's Health and Safety Protocols for Fall 2021 in light of COVID-19 are linked here.
Masks must be worn in class at all times, regardless of vaccination status. If you do not have a mask, you can obtain one from the Dean's office.
Assignments by Week:
Week 1:
Monday, August 23: 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
Tuesday, August 24: Development of Liability Based Upon Fault (cont.): Read Pages 10-16
Wednesday, August 25: Intent: Read Pages 17-26
Asynchronous Module for Intent (on Canvas) - due before class begins on Monday, August 30
Week 2:
Monday, August 30: Battery: Read Pages 33-42 (FYI - CALI exercise available on Battery)
Tuesday, August 31: Assault; False Imprisonment: Read Pages 42-48
Wednesday, September 1: False Imprisonment (cont.); Intentional Infliction of Emotional Distress: Read Pages 49-55; Pages 58-63; Required CALI Exercise - Assault (Due before class begins on Wednesday, September 8)
Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Tuesday, September 7
Week 3:
Monday, September 6: Labor Day - University Holiday
Tuesday, September 7: Trespass to Land: Read Pages 78 - 83; Read Bradley v. American Smelting and Refining Co.
Wednesday, September 8: Trespass to Land (cont.); Trespass to Chattels: Read Pages 83-93
Asynchronous Module for Consent - due before class begins on Monday, September 13
Week 4:
Monday, September 13: Privileges: Consent; Self-Defense; Defense of Others: Read Pages 117-125
Tuesday, September 14: Defense of property; Recovery of property: Read Pages 126-136
Wednesday, September 15: Necessity, Authority of Law, Discipline, Justification: Read Pages 137-149
There is No Asynchronous Module This Week
Week 5:
Monday, September 20: Practice Exam and Review
Tuesday, September 21: Negligence: Introduction: Read Pages 151-162
Wednesday, September 22: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 162-175
Asynchronous Module for Negligence: Standard of Review (on Canvas) - due before class begins on Monday, September 27
Week 6:
Monday, September 27: Negligence: The Reasonable Person: Read Pages 187-200
Tuesday, September 28: Negligence: The Reasonable Person: Read Pages 200-209; (FYI -CALI Execises are avalable on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)
Wednesday, September 29: Negligence: The Reasonable Person: Read Pages 209-229; Required CALI Exercise - Reasonable Person (Due before class begins on Wednesday, October 6)
Asynchronous Module for Alternate Standards of Care (on Canvas) - due before class begins on Monday, October 4
Week 7:
Monday, October 4: Negligence: Violation of a Statute (cont.): Read Pages 244-260
Tuesday, October 5: Proof of Negligence: Circumstantial Evidence: Read Pages 260-268
Wednesday, October 6: Res Ipsa Loquitor: Read Pages 268-277; 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 Tuesday, October 12
Week 8:
Monday, October 11: Mid-Term Exam
Tuesday, October 12: Causation in Fact (cont.): Read Pages 293-302
Wednesday, October 13: Causation in Fact (cont.): Read Pages 303-320
Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on Monday, October 18
Week 9:
Monday, October 18: Proximate Cause: Read Pages 335-352
Tuesday, October 19: Proximate Cause: Read Pages 352-369
Wednesday, October 20: Proximate Cause: Intervening Causes: Read Pages 369-381
Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on Monday, October 25
Week 10:
Monday, October 25: Proximate Cause: Public Policy: Read Pages 400-407; (FYI - CALI Exercise is available on Intervening Causes)
Tuesday, October 26: Negligence: Duty of Care, Failure to Act: Read Pages 475-476; 486-491
Wednesday, October 27: Defenses to Negligence: Contributory and Comparative Negligence: Read Pages 659-676; (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 Monday, November 1
Week 11:
Monday, November 1: Defenses to Negligence: Assumption of Risk; Statutes of Limitation: Read Pages 686-690; 692-701
Tuesday, November 2: Defenses to Negligence: Family Immunities: Read Pages 701-715
Wednesday, November 3: Defenses to Negligence: Charitable Immunity, Government Immunity: Read Pages 716-727
Asynchronous Module for Damages (on Canvas) - due before class begins on Monday, November 8
Week 12:
Monday, November 8: Damages: Skim Pages 591-601; Read Pages 602-608
Tuesday, November 9: Damages: Read Zimmerman v. Ausland; Skim Pages 608-611; Read Pages 611-618
Wednesday, November 10: Damages; Joint and Several Liability: Read Pages 618-629; Watch Video on State Farm case; Read Pages 415-427; (FYI - Several CALI Exercises are available that address Damages)
Asynchronous Module for Joint and Several Liability (on Canvas) - due before class begins on Monday, November 15
Week 13:
Monday, November 15: Joint and Several Liability: Read Pages 444-450
Tuesday, November 16: Vicarious Liability: Pages 751-760
Wednesday, November 17: Vicarious Liability (cont.); Strict Liability: Pages 760-762; Skim 764-768; Read 783-797
Asynchronous Module for Strict Liability (on Canvas) - due before noon on Monday, November 22
Week 14:
Monday, November 29: Liability of Owners and Occupiers of Land: Pages 543-557
Tuesday, November 30: Exam Review (Reviewing Question 2 of 2001 exam - posted on Canvas).
Exam Period:
Thursday, December 16: Final Exam
Week 1:
Monday, August 23: 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
Tuesday, August 24: Development of Liability Based Upon Fault (cont.): Read Pages 10-16
Wednesday, August 25: Intent: Read Pages 17-26
Asynchronous Module for Intent (on Canvas) - due before class begins on Monday, August 30
Week 2:
Monday, August 30: Battery: Read Pages 33-42 (FYI - CALI exercise available on Battery)
Tuesday, August 31: Assault; False Imprisonment: Read Pages 42-48
Wednesday, September 1: False Imprisonment (cont.); Intentional Infliction of Emotional Distress: Read Pages 49-55; Pages 58-63; Required CALI Exercise - Assault (Due before class begins on Wednesday, September 8)
Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Tuesday, September 7
Week 3:
Monday, September 6: Labor Day - University Holiday
Tuesday, September 7: Trespass to Land: Read Pages 78 - 83; Read Bradley v. American Smelting and Refining Co.
Wednesday, September 8: Trespass to Land (cont.); Trespass to Chattels: Read Pages 83-93
Asynchronous Module for Consent - due before class begins on Monday, September 13
Week 4:
Monday, September 13: Privileges: Consent; Self-Defense; Defense of Others: Read Pages 117-125
Tuesday, September 14: Defense of property; Recovery of property: Read Pages 126-136
Wednesday, September 15: Necessity, Authority of Law, Discipline, Justification: Read Pages 137-149
There is No Asynchronous Module This Week
Week 5:
Monday, September 20: Practice Exam and Review
Tuesday, September 21: Negligence: Introduction: Read Pages 151-162
Wednesday, September 22: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 162-175
Asynchronous Module for Negligence: Standard of Review (on Canvas) - due before class begins on Monday, September 27
Week 6:
Monday, September 27: Negligence: The Reasonable Person: Read Pages 187-200
Tuesday, September 28: Negligence: The Reasonable Person: Read Pages 200-209; (FYI -CALI Execises are avalable on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)
Wednesday, September 29: Negligence: The Reasonable Person: Read Pages 209-229; Required CALI Exercise - Reasonable Person (Due before class begins on Wednesday, October 6)
Asynchronous Module for Alternate Standards of Care (on Canvas) - due before class begins on Monday, October 4
Week 7:
Monday, October 4: Negligence: Violation of a Statute (cont.): Read Pages 244-260
Tuesday, October 5: Proof of Negligence: Circumstantial Evidence: Read Pages 260-268
Wednesday, October 6: Res Ipsa Loquitor: Read Pages 268-277; 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 Tuesday, October 12
Week 8:
Monday, October 11: Mid-Term Exam
Tuesday, October 12: Causation in Fact (cont.): Read Pages 293-302
Wednesday, October 13: Causation in Fact (cont.): Read Pages 303-320
Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on Monday, October 18
Week 9:
Monday, October 18: Proximate Cause: Read Pages 335-352
Tuesday, October 19: Proximate Cause: Read Pages 352-369
Wednesday, October 20: Proximate Cause: Intervening Causes: Read Pages 369-381
Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on Monday, October 25
Week 10:
Monday, October 25: Proximate Cause: Public Policy: Read Pages 400-407; (FYI - CALI Exercise is available on Intervening Causes)
Tuesday, October 26: Negligence: Duty of Care, Failure to Act: Read Pages 475-476; 486-491
Wednesday, October 27: Defenses to Negligence: Contributory and Comparative Negligence: Read Pages 659-676; (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 Monday, November 1
Week 11:
Monday, November 1: Defenses to Negligence: Assumption of Risk; Statutes of Limitation: Read Pages 686-690; 692-701
Tuesday, November 2: Defenses to Negligence: Family Immunities: Read Pages 701-715
Wednesday, November 3: Defenses to Negligence: Charitable Immunity, Government Immunity: Read Pages 716-727
Asynchronous Module for Damages (on Canvas) - due before class begins on Monday, November 8
Week 12:
Monday, November 8: Damages: Skim Pages 591-601; Read Pages 602-608
Tuesday, November 9: Damages: Read Zimmerman v. Ausland; Skim Pages 608-611; Read Pages 611-618
Wednesday, November 10: Damages; Joint and Several Liability: Read Pages 618-629; Watch Video on State Farm case; Read Pages 415-427; (FYI - Several CALI Exercises are available that address Damages)
Asynchronous Module for Joint and Several Liability (on Canvas) - due before class begins on Monday, November 15
Week 13:
Monday, November 15: Joint and Several Liability: Read Pages 444-450
Tuesday, November 16: Vicarious Liability: Pages 751-760
Wednesday, November 17: Vicarious Liability (cont.); Strict Liability: Pages 760-762; Skim 764-768; Read 783-797
Asynchronous Module for Strict Liability (on Canvas) - due before noon on Monday, November 22
Week 14:
Monday, November 29: Liability of Owners and Occupiers of Land: Pages 543-557
Tuesday, November 30: Exam Review (Reviewing Question 2 of 2001 exam - posted on Canvas).
Exam Period:
Thursday, December 16: Final Exam
Course Requirements and Grading: Grading for the course is based on:
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. One of the modules includes an additional assignment requiring students to answer a few 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 72 points available for the asynchronous modules. Students must earn 51 points to "satisfactorily complete" the asynchronous modules. If students do not satisfactorily complete the asynchronous modules, 1 point will be deducted from their final grade for the course. Points for the asynchronous modules are allocated as follows:
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.
- Mid-term exam - multiple choice questions - closed book (20% of course grade);
- Final exam - essays - open book (80% 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. One of the modules includes an additional assignment requiring students to answer a few 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 72 points available for the asynchronous modules. Students must earn 51 points to "satisfactorily complete" the asynchronous modules. If students do not satisfactorily complete the asynchronous modules, 1 point will be deducted from their final grade for the course. Points for the asynchronous modules are allocated 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 is 1 module that includes a short essay assignment. Students earn 2 points if the assignment is completed on-time and 1 point if the assignment is completed late. (Maximum of 2 points for the assignment).
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 )
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 )
Student Accommodations:
Students in need of accommodation due to a disability should contact the Access and Accommodation Office to complete the verification process to become approved for services. In order to receive accommodations, each term, students will request accommodation through the Access Office online system Accommodate. Students requiring classroom accommodations (i.e. special seating, classroom recordings, etc.) are strongly encouraged to schedule a meeting with each professor in a timely manner to discuss arrangements. Students receiving only testing accommodations should instead discuss those matters with the Office of Access and Accommodation and with the appropriate Dean. Accommodations are not retroactive in nature.
Note - Disability accommodations or status are not reflected on academic transcripts.
Students with a history of a disability, perceived as having a disability, or with a current disability who do not wish to use academic accommodations are also strongly encouraged to complete the verification process with the Access Office.
The Access Coordinator for Macon Campus is Katie Johnson, Director and ADA/504 Coordinator.
Phone: (478) 301-2778;
email: [email protected]
Website: https://access.mercer.edu
Students in need of accommodation due to a disability should contact the Access and Accommodation Office to complete the verification process to become approved for services. In order to receive accommodations, each term, students will request accommodation through the Access Office online system Accommodate. Students requiring classroom accommodations (i.e. special seating, classroom recordings, etc.) are strongly encouraged to schedule a meeting with each professor in a timely manner to discuss arrangements. Students receiving only testing accommodations should instead discuss those matters with the Office of Access and Accommodation and with the appropriate Dean. Accommodations are not retroactive in nature.
Note - Disability accommodations or status are not reflected on academic transcripts.
Students with a history of a disability, perceived as having a disability, or with a current disability who do not wish to use academic accommodations are also strongly encouraged to complete the verification process with the Access Office.
The Access Coordinator for Macon Campus is Katie Johnson, Director and ADA/504 Coordinator.
Phone: (478) 301-2778;
email: [email protected]
Website: https://access.mercer.edu