TORTS (LAW 502) Professor Camero Fall 2015

Transcription

1 TORTS (LAW 502) Professor Camero Fall 2015 Course Schedule: Monday and Wednesday, 11:00 a.m. 12:15 p.m., Room 204 Thursday, 3:30 p.m. 4:20 p.m., Room 204 If I must cancel a class, I reserve the right to schedule a make-up class. If so, I will announce the date, time and room via and Desire2Learn ( D2L ). Required Texts: Aaron Twerski, James Henderseon, and Wendel, Torts: Cases and Materials (Aspen 3d ed.). Skills and Values: Torts, Chapter 3 only (Lexis Nexis). Available for purchase at: Description: This course surveys basic tort law (injuries to persons and property), with topics including intentional torts; negligence; strict liability; products liability; defenses; and damages. The course includes an introduction to legal method, the tort litigation process, and the social policy considerations underlying tort law. Attendance: Regular class attendance is important and, therefore, is required. As a result, you may not have more than four absences during the entire semester. In the event that you exceed four absences, as reflected on the roll sheet, then you will be withdrawn from the class. I will distribute a roll sheet every class for you to sign. You are responsible for ensuring you have signed the roll sheet each class. In order for your presence to count, you must attend the entire class. Signing for another student (regardless of whether he or she is in attendance) is prohibited and will be punished as determined in my sole discretion. Class begins promptly. Please be punctual for class as tardiness is both unprofessional and a distraction to your classmates. If you have a valid reason to arrive late, please me at least 20 minutes before class. Otherwise, if you are late, not only will it count as an absence, I will call on you that class. Class Preparation and Participation: For each class, please come fully prepared to discuss the cases, questions, and hypotheticals within the assigned reading. Active class participation is crucial to the classroom experience and learning process. As such, class participation and preparation (or lack thereof) may affect your final grade as determined in my sole discretion. I strongly recommend, at a minimum, briefing all cases and Page 1 of 7

2 writing out answers to the hypotheticals in the assigned reading. I randomly will call on students each class session. I expect each student to have read the assignment and have come to class ready to facilitate any classroom discussion on the material. Grading: Writing Across the Curriculum Assignment 15% Final Examination 85% Final Examination: The final examination is a closed-book, four-hour exam and is scheduled on Friday, December 11, 2015, at 8:15 a.m. I will provide additional details regarding the final examination later in the semester. Students with disabilities requiring reasonable accommodations with respect to the exam should contact the Registrar s office. Writing Across the Curriculum: The Writing Across the Curriculum program requires students to complete a writing assignment in every course. In this course, you will complete the assignment set forth in Chapter 3 of Skills and Values: Torts. You must complete the assignment individually. I will discuss the assignment in detail in class. I will collect the assignment at the beginning of class on Thursday, September 24, I expect you to provide a complete and thorough answer that is well organized and edited for typographical errors and grammar. Please type your answer using double-spacing and 12 pt., Times New Roman font, and limit your document to ten pages. Honor Code and Plagiarism: The Honor Code requires that all students submit their own individual work. Plagiarism, or the submission of someone else s work as your own, is unethical and is in violation of the Honor Code. All work done by you for this class, whether graded or ungraded and whether written or oral, may not be reviewed by anyone, not even for typographical errors, grammatical errors, or for clarity. Desire2Learn: A course website is available on D2L that contains the basic course information and materials, including but not limited to: course syllabus, handouts, helpful links, and any supplemental readings. To access D2L, go to If you need assistance accessing D2L or have technical difficulties with D2L, please call (618) D2L tutorials are posted on D2L in the Tech Tutorials & Support folder. Please ensure that the linked to D2L is an account you check regularly. Resources: Be sure to check D2L and your regularly for important information, handouts, or changes to the schedule or assignments. You are deemed aware of any material distributed to you by and/or posted on D2L. Page 2 of 7

3 Computer and Other Technology Use: You may bring a laptop or tablet to class to take notes. Remember that what you view, receive, or send is seen not only by you, but by those near and behind you, and, thus, it is distracting to your classmates for you to use your computer for purposes other than taking notes. Also, I usually can tell whether you are using your computer recreationally in class. I have the sole discretion to permit or prohibit computer use in the classroom and will prohibit use in the event of abuse. Please silence all cell phones, smartphones, ipods, and any other similar devices and do not use these devices during class other than to take notes. Recording of Class: IT may video record this class to accommodate students with disabilities. You, however, may not create or distribute a recording of the class using any medium without my written permission. Contact Information: Office: Room 230 Phone: (618) jcamero@siu.edu Assistant: Susan McLaren Office Hours: My office hours are Tuesdays and Thursdays, 12:15 1:30 p.m. However, feel free to stop by my office outside of these designated times as I am generally in my office throughout the day. If I am available, I will be happy to meet with you then. Also, you are welcome to me to make an appointment to ensure my availability outside of my scheduled office hours. Finally, I do check regularly and can answer questions promptly via . Course Schedule: Class Topic Assignment August 24, 2015 August 26, 2015 August 27, 2015 Course Introduction Introduction to Torts Intent Intent (cont d) Battery Battery (cont d) Assault False Imprisonment pp pp pp August 31, 2015 Intentional Infliction of Emotional Distress pp Page 3 of 7

4 September 2, 2015 Trespass to Land Trespass to Chattels and Conversion Introduction to Privileges/Defenses Consent pp September 3, 2015 Consent (cont d) pp September 7, 2015 No Class Labor Day (WAC Assignment in Lieu of Makeup Class) September 9, 2015 September 10, 2015 September 14, 2015 September 16, 2015 Self-Defense Defense of Others Defense of Property Recovery of Property Necessity Legal Authority Disciplining Children An Umbrella Justification Defense Introduction to Negligence General Standard of Care General Standard of Care (cont d) Qualities of a Reasonable Person pp pp pp pp September 17, 2015 Qualities of a Reasonable Person (cont d) pp September 21, 2015 Judicially Determined Standards of Care pp September 23, 2015 Res Ipsa Loquitor pp September 24, 2015 September 28, 2015 September 30, 2015 But-For Causation Problems of Proof WAC Assignment Due at Beginning of Class Problems of Proof (cont d) Concurrent/Successive Causation Unclear Who Caused Harm Introduction to Proximate Causation pp pp pp ; Page 4 of 7

5 Reasonably Foreseeable Consequences October 1, 2015 Reasonably Foreseeable Consequences (cont d) pp October 5, 2015 Reasonably Foreseeable Consequences (cont d) pp October 7, 2015 Superseding Causes pp October 8, 2015 Playing the Duty Card Introduction to Limits on Duty Limits on Duty to Rescue pp ; October 12, 2015 Limits on Duty to Rescue (cont d) pp October 14, 2015 Limits on Recovery for Economic Loss pp October 15, 2015 WAC Answer Review and Discussion None October 19, 2015 Limits on Recovery for Emotional Distress pp October 21, 2015 Harm to Unborn Children Owners and Occupiers of Land pp October 22, 2015 Owners and Occupiers of Land (cont d) pp October 26, 2015 October 28, 2015 October 29, 2015 November 2, 2015 November 4, 2015 Owners and Occupiers of Land (cont d) Introduction to Affirmative Defenses Affirmative Defense - Contributory Negligence Affirmative Defense - Comparative Negligence Affirmative Defense - Assumption of Risk Affirmative Defense - Assumption of Risk (cont d) Affirmative Defense - Avoidable Consequences Affirmative Defense Immunities Affirmative Defense - Statute of Limitations Introduction to Strict Liability Strict Liability: Possession of Animals pp ; pp pp pp pp November 5, 2015 Strict Liability: Abnormally Dangerous Activities pp November 9, 2015 Introduction to Damages Compensatory Damages: Personal Injury pp Page 5 of 7

6 November 11, 2015 No Class Veterans Day Makeup Class Friday, November 13, 2015, 11:00 a.m. 12:15 p.m. in Room 202 November 12, 2015 Compensatory Damages: Personal Injury (cont d) Compensatory Damages: Harm to Property Compensatory Damages: Wrongful Death & Survival pp November 13, 2015 Makeup Class Punitive Damages pp November 16, 2015 Punitive Damages (cont d) Defamation pp ; November 18, 2015 Defamation (cont d) pp November 19, 2015 Defamation (cont d) pp November 30, 2015 Defamation (cont d) pp December 2, 2015 Privacy pp December 3, 2015 Privacy (cont d) pp Final Exam Friday, December 11, 2015 at 8:15 a.m. Miscellaneous Policies: Emergency Procedures Southern Illinois University Carbondale is committed to providing a safe and healthy environment for study and work. Because some health and safety circumstances are beyond our control, we ask that you become familiar with the SIUC Emergency Response Plan and Building Response Team ( BERT ) program. Emergency response information is available on posters in buildings on campus, available on BERT s website at the Department of Safety s website, ( disaster drop down), and in the Emergency Response Guideline pamphlet. Know how to respond to each type of emergency. Instructors will provide guidance and directions to students in the classroom in the event of an emergency affecting your location. It is important that you follow these instructions and stay with your instructor during an evacuation or sheltering emergency. The Building Emergency Response Team will provide assistant to you instructor in evacuating the building or sheltering within the facility. Disability Policy Disability Support Services provides the required academic and programmatic support services to students with permanent and temporary disabilities. DSS provides centralized coordination and Page 6 of 7

7 referral services. To utilize DSS services, students must come to the DSS to open cases. The process involves interviews, reviews of student-supplied documentation, and completion of Disability Accommodation Agreements. Upon completion of a Disability Accommodation Agreement with DSS, students should bring the agreement to the School of Law Registrar s Office to ensure the School of Law provides the proper classroom and examination accommodations. Saluki Cares The purpose of Saluki Cares is to develop, facilitate and coordinate a university-wide program of care and support for students in any type of distress physical, emotional, financial, or personal. By working closely with faculty, staff, students and their families, SIU will continue to display a culture of care and demonstrate to our students and their families that they are an important part of the community. For Information on Saluki Cares: (618) , or siucares@siu.edu, At the School of Law, Assistant Dean Judi Ray is also available to help students access university resources. Her is judiray@siu.edu, and her phone number is (618) Page 7 of 7