Torts - Fall 2024
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.
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 27: 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 28: Development of Liability Based Upon Fault (cont.): Read Pages 10-16
Thursday, August 29: Intent: Read Pages 17-26
Asynchronous Module for Intent (on Canvas) - due before class begins on Tuesday, September 3
Week 2:
Tuesday, September 3: Battery: Read Pages 33-42 (FYI - CALI exercise available on Battery)
Wednesday, September 4: Assault; False Imprisonment: Read Pages 42-48
Thursday, September 5: 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 12)
Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Wednesday, September 11
Week 3:
Tuesday, September 10: Class cancelled
Wednesday, September 11: Trespass to Land: Read Pages 78 - 83; Read Bradley v. American Smelting and Refining Co.
Thursday, September 12: Trespass to Land (cont.); Trespass to Chattels: Read Pages 83-93
Asynchronous Module for Consent - due before class begins on Tuesday, September 17
Week 4:
Tuesday, September 17: Privileges: Consent; Self-Defense; Defense of Others: Read Pages 117-125
Wednesday, September 18: Defense of property; Recovery of property: Read Pages 126-136
Thursday, September 19: Necessity, Discipline, Justification: Read Pages 137-143, 145-149
There is No Asynchronous Module This Week
Week 5:
Tuesday, September 24: Practice Exam and Review
Wednesday, September 25: Negligence: Introduction: Read Pages 151-162
Thursday, September 26: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 162-175
Asynchronous Module for Negligence: Standard of Care (on Canvas) - due before class begins on Tuesday, October 1
Week 6:
Tuesday, October 1: Negligence: The Reasonable Person: Read Pages 187-200
Wednesday, October 2: Negligence: The Reasonable Person: Read Pages 200-209; (FYI -CALI Exercises are available on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)
Thursday, October 3: Negligence: The Reasonable Person: Read Pages 209-229; 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, October 8
Week 7:
Tuesday, October 8: Negligence: Violation of a Statute (cont.): Read Pages 244-260
Wednesday, October 9: Proof of Negligence: Circumstantial Evidence: Read Pages 260-268
Thursday, October 10: 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 16
Week 8:
Tuesday, October 15: Mid-Term Exam
Wednesday, October 16 - 8:30: Causation in Fact (cont.): Read Pages 293-302
Wednesday, October 16 - 1:10 (Courtroom): Causation in Fact (cont.): Read Pages 303-320
Thursday, October 17 - Fall Break - No class
Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on Tuesday, October 22
Week 9:
Tuesday, October 22: Proximate Cause: Read Pages 335-352
Wednesday, October 23: Proximate Cause: Read Pages 352-369
Thursday, October 24: Proximate Cause: Intervening Causes: Read Pages 369-381
Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on Tuesday, October 29
Week 10:
Tuesday, October 29: Proximate Cause: Public Policy: Read Pages 400-407; (FYI - CALI Exercise is available on Intervening Causes)
Wednesday, October 30: Negligence: Duty of Care, Failure to Act: Read Pages 475-476; 486-491
Thursday, October 31: 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, November 5
Week 11:
Tuesday, November 5: Defenses to Negligence: Assumption of Risk; Statutes of Limitation: Read Pages 686-690; 692-701
Wednesday, November 6: Defenses to Negligence: Family Immunities: Read Pages 701-715
Thursday, November 7: 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 12
Week 12:
Tuesday, November 12: Damages: Skim Pages 579-584; Watch Damages Video; Skim Pages 591-601; Read Pages 602-608
Wednesday, November 13: Damages: Read Zimmerman v. Ausland; Skim Pages 608-611; Read Pages 611-618
Thursday, November 14: 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 18
Week 13:
Monday, November 18 at 8:30 (Room A): Joint and Several Liability: Read Pages 444-450
Tuesday, November 19: Vicarious Liability: Pages 751-760
Wednesday, November 20: Vicarious Liability (cont.); Strict Liability: Pages 760-762; Skim 764-768; Read 783-797
Thursday, November 21: Exam Review (Reviewing Question 2 of 2001 exam - posted on Canvas).
Asynchronous Module for Strict Liability (on Canvas) - due by 9:40 A.M. on Tuesday, December 3
Exam Period:
Wednesday, December 11: Final Exam
Week 1:
Tuesday, August 27: 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 28: Development of Liability Based Upon Fault (cont.): Read Pages 10-16
Thursday, August 29: Intent: Read Pages 17-26
Asynchronous Module for Intent (on Canvas) - due before class begins on Tuesday, September 3
Week 2:
Tuesday, September 3: Battery: Read Pages 33-42 (FYI - CALI exercise available on Battery)
Wednesday, September 4: Assault; False Imprisonment: Read Pages 42-48
Thursday, September 5: 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 12)
Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Wednesday, September 11
Week 3:
Tuesday, September 10: Class cancelled
Wednesday, September 11: Trespass to Land: Read Pages 78 - 83; Read Bradley v. American Smelting and Refining Co.
Thursday, September 12: Trespass to Land (cont.); Trespass to Chattels: Read Pages 83-93
Asynchronous Module for Consent - due before class begins on Tuesday, September 17
Week 4:
Tuesday, September 17: Privileges: Consent; Self-Defense; Defense of Others: Read Pages 117-125
Wednesday, September 18: Defense of property; Recovery of property: Read Pages 126-136
Thursday, September 19: Necessity, Discipline, Justification: Read Pages 137-143, 145-149
There is No Asynchronous Module This Week
Week 5:
Tuesday, September 24: Practice Exam and Review
Wednesday, September 25: Negligence: Introduction: Read Pages 151-162
Thursday, September 26: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 162-175
Asynchronous Module for Negligence: Standard of Care (on Canvas) - due before class begins on Tuesday, October 1
Week 6:
Tuesday, October 1: Negligence: The Reasonable Person: Read Pages 187-200
Wednesday, October 2: Negligence: The Reasonable Person: Read Pages 200-209; (FYI -CALI Exercises are available on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)
Thursday, October 3: Negligence: The Reasonable Person: Read Pages 209-229; 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, October 8
Week 7:
Tuesday, October 8: Negligence: Violation of a Statute (cont.): Read Pages 244-260
Wednesday, October 9: Proof of Negligence: Circumstantial Evidence: Read Pages 260-268
Thursday, October 10: 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 16
Week 8:
Tuesday, October 15: Mid-Term Exam
Wednesday, October 16 - 8:30: Causation in Fact (cont.): Read Pages 293-302
Wednesday, October 16 - 1:10 (Courtroom): Causation in Fact (cont.): Read Pages 303-320
Thursday, October 17 - Fall Break - No class
Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on Tuesday, October 22
Week 9:
Tuesday, October 22: Proximate Cause: Read Pages 335-352
Wednesday, October 23: Proximate Cause: Read Pages 352-369
Thursday, October 24: Proximate Cause: Intervening Causes: Read Pages 369-381
Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on Tuesday, October 29
Week 10:
Tuesday, October 29: Proximate Cause: Public Policy: Read Pages 400-407; (FYI - CALI Exercise is available on Intervening Causes)
Wednesday, October 30: Negligence: Duty of Care, Failure to Act: Read Pages 475-476; 486-491
Thursday, October 31: 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, November 5
Week 11:
Tuesday, November 5: Defenses to Negligence: Assumption of Risk; Statutes of Limitation: Read Pages 686-690; 692-701
Wednesday, November 6: Defenses to Negligence: Family Immunities: Read Pages 701-715
Thursday, November 7: 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 12
Week 12:
Tuesday, November 12: Damages: Skim Pages 579-584; Watch Damages Video; Skim Pages 591-601; Read Pages 602-608
Wednesday, November 13: Damages: Read Zimmerman v. Ausland; Skim Pages 608-611; Read Pages 611-618
Thursday, November 14: 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 18
Week 13:
Monday, November 18 at 8:30 (Room A): Joint and Several Liability: Read Pages 444-450
Tuesday, November 19: Vicarious Liability: Pages 751-760
Wednesday, November 20: Vicarious Liability (cont.); Strict Liability: Pages 760-762; Skim 764-768; Read 783-797
Thursday, November 21: Exam Review (Reviewing Question 2 of 2001 exam - posted on Canvas).
Asynchronous Module for Strict Liability (on Canvas) - due by 9:40 A.M. on Tuesday, December 3
Exam Period:
Wednesday, December 11: 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. 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:
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 (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 )
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.
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.