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Torts - Fall 2023 (Section 1)
Professor Johnson


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Meeting Times and Locations:
TWR@ 9:40 in Classroom B

Text for the Course: Prosser, Wade and Schwartz, Torts: Cases and Materials, 14th Edition

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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 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.



 
Assignments by Week:

Week 1:

Tuesday, August 22:    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 23: Development of Liability Based Upon Fault (cont.): Read Pages 10-16

Thursday, August 24: Intent: Read Pages 17-26

Asynchronous Module for Intent (on Canvas) - due before class begins on Tuesday, August 29


Week 2:

Tuesday, August 29: Battery: Read Pages 33-42  (FYI - CALI exercise available on Battery)

Wednesday, August 30: Assault; False Imprisonment: Read Pages 42-48

Thursday, August 31: False Imprisonment (cont.); Intentional Infliction of Emotional Distress:  Read Pages 49-55; Pages 58-63;  Required CALI Exercise - Assault (Due before class begins on Thursday, September 7) 

Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Wednesday, September 6


Week 3:

Tuesday, September 5: Class cancelled

Wednesday, September 6:  Trespass to Land: Read Pages 78 - 83; Read Bradley v. American Smelting and Refining Co. 

Thursday, September 7: Trespass to Land (cont.); Trespass to Chattels: Read Pages 83-93

Asynchronous Module for Consent - due before class begins on Tuesday, September 12


Week 4:

Tuesday, September 12: Privileges: Consent; Self-Defense; Defense of Others: Read Pages 117-125

Wednesday, September 13: Defense of property; Recovery of property: Read Pages 126-136 

Thursday, September 14: Necessity, Authority of Law, Discipline, Justification: Read Pages 137-149

There is No Asynchronous Module This Week


Week 5:

Tuesday, September 19: Practice Exam and Review

Wednesday, September 20: Negligence: Introduction: Read Pages 151-162

Thursday, September 21: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 162-175

Asynchronous Module for Negligence: Standard of Review (on Canvas) - due before class begins on Tuesday, September 26


Week 6:

Tuesday, September 26: Negligence: The Reasonable Person: Read Pages 187-200

Wednesday, September 27: 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)

Thursday, September 28: Negligence: The Reasonable Person: Read Pages 209-229;  Required CALI Exercise - Reasonable Person (Due before class begins on Thursday, October 5)

Asynchronous Module for Alternate Standards of Care (on Canvas) - due before class begins on Tuesday, October 3


Week 7: 

Tuesday, October 3: Negligence: Violation of a Statute (cont.): Read Pages 244-260   (**Class meets at 10:10 in Classroom A)

Wednesday, October 4:  Proof of Negligence: Circumstantial Evidence: Read Pages 260-268
 
Thursday, October 5: 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 Wednesday, October  11


Week 8:

Tuesday, October 10: Mid-Term Exam 

Wednesday, October 11: Causation in Fact (cont.): Read Pages 293-302

Thursday, October 12: Causation in Fact (cont.): Read Pages 303-320

Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on  Tuesday, October 17


Week 9:

Tuesday, October 17: Proximate Cause: Read Pages 335-352

Wednesday, October 18 - 9:40: Proximate Cause: Read Pages 352-369

Wednesday, October 18 - 10:50 (Classroom C): Proximate Cause: Intervening Causes: Read Pages 369-381

Thursday, October 19 - Fall Break - No class

Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on  Tuesday, October 24


Week 10:

Tuesday, October 24: Proximate Cause: Public Policy: Read Pages 400-407; (FYI - CALI Exercise is available on Intervening Causes)

Wednesday, October 25: Negligence: Duty of Care, Failure to Act: Read Pages 475-476; 486-491

Thursday, October 26: 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 Tuesday, October 31


Week 11:   

Tuesday, October 31:
Defenses to Negligence: Assumption of Risk; Statutes of Limitation:  Read Pages 686-690; 692-701

Wednesday, November 1: Defenses to Negligence: Family Immunities: Read Pages 701-715

Thursday, November 2: Defenses to Negligence: Charitable Immunity, Government Immunity: Read Pages 716-727

Asynchronous Module for Premises Liability (on Canvas) - due before class begins on Tuesday, November 7

Week 12:

Tuesday, November 7: Damages: Skim Pages 579-584; Watch Damages Video; Skim Pages 591-601; Read Pages 602-608

Wednesday,  November 8: Damages: Read Zimmerman v. Ausland; Skim Pages 608-611; Read Pages 611-618
 
Thursday, November 9: 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 Tuesday, November 14

Week 13:

Tuesday, November 14: Joint and Several Liability: Read Pages 444-450

Wednesday, November 15:  Vicarious Liability: Pages 751-760

Thursday, November 16: Vicarious Liability (cont.); Strict Liability: Pages 760-762; Skim 764-768; Read 783-797

Asynchronous Module for Strict Liability (on Canvas) - due before class begins on Tuesday, November 28

Week 14:

Tuesday, November 28:  Exam Review (Reviewing Question 2 of 2001 exam - posted on Canvas).

Exam Period:

Monday, 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 )  


 
                                                                       Disability Statement

Students with a history or newly documented disability visible or invisible or who had an IEP or 504 Plan due to ADHD/ADD, visual or hearing impairments, Chronic Health Condition (ex. Diabetes, seizures, cancer other medical),pregnancy, child birth, lactation and medical condition related to pregnancy, mobility impairment, learning disability or a mental health concern (depression, anxiety, PTSD etc) should contact the Access and Accommodation Office (AAO) (https://access.mercer.edu) to complete the verification process to become approved for necessary accommodations and services.

In order to receive accommodation, each term, students will submit a Semester Request for faculty notification forms through the AAO online system Accommodate. Students are required to meet with each professor (during office hours or by appointment) in a timely manner to discuss implementation of accommodations. Students receiving accommodation for the administration of exams will receive instructions from the course faculty as to the time and location for their exam if different than class time.

Note – Disability accommodation or status are confidential and 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.
Students must request accommodation in a timely manner to receive accommodations in a timely manner. Please know accommodation is not retroactive.

Contact information: https://access.mercer.edu for information, email [email protected] main office 478-301-2810 and Atlanta 678-547-6823


                                                                     Mental Health and Wellness 

Mercer University faculty and staff recognize that mental health concerns can impact academic performance and interfere with daily life activities. Because stress is a normal part of the college experience, learning to manage stress effectively is crucial to your well-being and overall success. Please notify your faculty member or academic advisor for academic assistance, as needed. CAPS can also provide support if you’re feeling anxious, overwhelmed, depressed, lost or are struggling with personal issues. Please call or visit the Counseling and Psychological Services (CAPS) website for more information. These services are free and confidential, and support non-traditional, graduate, and undergraduate students. Students may access CAPS at the location of their academic program: MACON – Counseling Center (#21 on the campus map, behind the MEP residential complex), 478-301-2862; ATLANTA – 215 Sheffield Student Center, 678-547-6060. Students at Regional Academic Center and other locations may obtain assistance in finding local services by contacting the CAPS Office nearest them, or utilizing WellConnectForYou.com, 866-640-4777.  We also encourage students to call or text 988 to reach the National Suicide & Crisis Line if needed.

                                                              Academic Integrity and the Honor System

Academic integrity at Mercer University is preserved and promoted through the Honor System. The Honor System demands of each student the responsibility for honesty and assumes the responsibility that each student will report any violations of the Honor Code. Each student is personally responsible for knowing the rights and obligations as set forth in the Honor System and expected to cooperate completely and participate fully in the Honor System. Procedures are outlined in the specific handbooks and available on the Provost’s website at https://provost.mercer.edu/office-of-the-provost/honor-system/.

                                                                 Sexual Misconduct /Title IX Reporting

Mercer University is committed to providing an educational and workplace environment free from all forms of sexual misconduct. If you (or someone you know) have experienced any form of sexual misconduct, including sexual harassment, sexual assault, dating or domestic violence, gender discrimination or harassment, sexual exploitation, or stalking, know that help and support are available. Mercer University strongly encourages all members of the community to seek support and report incidents of sexual misconduct to the Title IX Office. You may contact the Title IX Coordinator at 478-301-2788 or at [email protected] or learn more by visiting https://titleix.mercer.edu/titleix.cfm. All Mercer University employees are required to disclose information about suspected or alleged sexual misconduct to the Title IX Office. If the Title IX Office receives information about an incident, they will reach out to provide information on your options, rights, and supportive measures that are available to you as a member of the Mercer University community.