TORTS Section Z University of Georgia School of Law Professor Leonard Fall 2014

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1 TORTS Section Z University of Georgia School of Law Professor Leonard Fall 2014 Class Times: Tues., 11:30 a.m. 12:20 p.m.; Wed., & Fri., 9:30 10:20 a.m. Classroom: J Course Materials: 1. EPSTEIN & SHARKEY, CASES AND MATERIALS ON TORTS (10th ed. 2012) 2. The reading assignments for the entire semester are attached. I anticipate that we will stay on this schedule, subject to changes that I announce during class. If you miss class, you should check with a classmate to ensure that you prepare the correct assignment for the next class. Attendance and Class Preparation: 1. Regular class attendance and thorough preparation of the assignments are fundamental parts of legal education. You should carefully complete the assigned reading and be prepared to participate in class each day. 2. I intentionally assign relatively few pages per class with the expectation that you will carefully read and brief all of the materials. The case notes that follow the principal case, in many cases, may be more central to our class discussion than the case itself. 3. The primary objective of the first year of law school is to learn to understand, explain, and analyze the law, not simply to recite legal rules. You should prepare for class with that objective in mind. 4. Being called on in one class does not immunize you from being called on in the very next or future classes. I will assume that you are fully prepared each day unless you inform me otherwise in advance. I reserve the right to ask you to leave class if you are unprepared when called on. 5. Law school classes are necessarily cumulative, and sometimes discussion of one assignment may continue over into the next day or future classes. I expect you to remain familiar with and prepared to discuss previous assignments. Regular review of previous readings and discussion will help you prepare for class and the final exam. 1

2 6. Following Professor Wells s practice for the fall semester, laptop use is prohibited in class. 7. Tardiness will not be tolerated. If you arrive to the classroom after I have begun class, please do not enter. 8. Leaving class early or packing your belongings before the end of class is disruptive and disrespectful to me and your classmates. If you must leave early, please tell me before class and make every effort to do so quietly. 9. I reserve the right to adjust your final grade if you are chronically absent, unprepared, or disruptive. If you anticipate a problem with class attendance or preparation, please discuss your situation with me outside of class. 10. I also reserve the right to raise your grade for exceptional classroom performance. 11. In accordance with the Law School s attendance policy, students missing more than twenty-five percent of the class periods may not sit for the exam or receive credit for the course. If you know that you will have to miss class, please let me know ahead of time. Examination and Grading: 1. The exam will be a three-hour, closed book, in-class examination. The questions likely will be a combination of multiple choice and essay questions based on hypothetical fact patterns. 2. The exam questions will be based entirely on the reading assignments and classroom discussion. I do not require or expect you to use any outside materials and will not give credit for exam answers based on materials or topics not covered in class, including topics covered in previous years of my or other professors courses. 3. The spring semester exam is cumulative of the entire year s course and will count 2/3 of the final course grade. Office Hours: 1. Please stop by, call, or to schedule a time to meet. 2. Rusk Hall #305. My office phone is (706) , and my is weeksleo@uga.edu. 3. I will make every effort to reply promptly to but cannot guarantee that I will reply in the evenings, weekends, or when traveling. 2

3 TORTS READING ASSIGNMENTS Section Z University of Georgia School of Law Professor Leonard Fall 2014 Week 1: Class 1, Tues., Aug. 19 Battery, pp Class 2, Wed., Aug. 20 Trespass to Land and Consent, pp (omit Note 6, p. 20) Class 3, Fri., Aug. 22 Consent, pp (do not read Canterbury v. Spence) Week 2: Class 4, Tues. Aug. 26 Insanity and Self-Defense, pp (omit Note 3, pp ) Class 5, Wed., Aug. 27 Defense of Property, pp Class 6, Fri., Aug. 29 Necessity, pp (omit Note 2, p. 51) Week 3: Class 7, Tues., Sept. 2 Offensive Battery, Assault, pp Class 8, Wed., Sept. 3 False Imprisonment, pp Class 9, Fri., Sept. 5 Intentional Infliction of Emotional Distress, pp (through Note 1) Week 4: Class 10, Tues., Sept. 9 Trespass to Chattels, pp Class 11, Wed., Sept. 10 Conversion, pp and Notes 3 & 4, pp

4 Class 12, Fri., Sept. 12 Strict Liability and Negligence: Historical Foundations, pp , Week 5: Class 13, Tues., Sept. 16 Strict Liability and Negligence, pp , Notes 1 & 2, pp Class 14, Wed., Sept. 17 Strict Liability and Negligence, pp Class 15, Fri., Sept. 19 The Reasonable Person, pp (omit Notes 3 & 4), pp , pp Week 6: Class 16, Tues., Sept. 23 The Reasonable Person, pp (through Note 2) Class 17, Wed., Sept. 24 The Reasonable Person, pp (start with Note 3) Class 18, Fri., Sept. 26 Calculation of Risk, pp , pp , pp Week 7: Class 19, Tues., Sept. 30 Custom, pp Class 20, Wed., Oct. 1 Custom, pp Class 21, Fri., Oct. 3 Informed Consent, pp Week 8: Class 22, Tues., Oct. 7 Statutes and Regulations, pp (through Note 2) Class 23, Wed., Oct. 8 Semester midpoint Statutes and Regulations, pp Class 24, Fri., Oct. 10 4

5 Practice Exam Week 9: Class 25, Tues., Oct. 14 Proof of Negligence, pp (omit Note 6), pp (Notes 3 & 4) Class 26, Wed., Oct. 15 Proof of Negligence, pp Class 27, Fri., Oct. 17 Contributory Negligence, pp (omit Note, pp & Note 5, pp ) Week 10: Class 28, Tues., Oct. 21 Contributory Negligence, pp Class 29, Wed., Oct. 22 Last Clear Chance, Assumption of the Risk, pp , pp Class 30, Fri., Oct. 24 Assumption of the Risk, pp Week 11: Class 31, Tues., Oct. 28 Assumption of the Risk, pp Class 32, Wed., Oct. 29 Comparative Negligence, pp (omit Note 2, p. 364; through Note 2, p. 373) Class 33, Fri., Oct. 31 Causation, Cause in Fact, pp Week 12: Class 34, Tues., Nov. 4 Joint & Several Liability, Multiple Causes, pp Class 35, Wed., Nov. 5 Multiple Sufficient Causes, Indeterminate Causes, pp (omit Note 5, p. 406) Class 36, Fri., Nov. 7 Market Share Liability, pp

6 Week 13: Class 37, Tues., Nov. 11 Loss of Chance of Survival, pp Class 38, Wed., Nov. 12 Proof of Factual Causation, pp Class 39, Fri., Nov. 14 Proximate Cause, pp Week 14: Class 40, Tues., Nov. 18 Proximate Cause, pp Class 41, Wed., Nov. 19 Proximate Cause, pp , pp (Note 2) Class 42, Fri., Nov. 21 Emotional Distress, pp Review Session: To be scheduled Final Exam: Fri., Dec. 5, 9 a.m. 6

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