Review and Assessment: we will have another shot at covering any material that was particularly difficult for the class but looking at it a different way. This will also be my opportunity to get a sense of your comprehension and mastery. Prepare for the Final Exam: over the course of these classes, you will see several examples of each type of exam question. Sometimes we will work on these questions as a class, sometimes in small groups, sometimes individually in class, and sometimes individually in advance of class. Develop Practice Skills: we will simulate how tort law is actually applied in practice. Over the course of the trimester, primarily in “Review and Strategy” classes, we will return to a hypothetical (but realistic) case, Quinn v. Jacob. You will be asked to apply your developing knowledge of tort law to develop arguments on behalf of your client, identify potential counterarguments, and evaluate the strength of both. In doing so, you also will be practicing for the essay portion of the final exam. PROVISIONAL COURSE SCHEDULE (***Subject to Change***) OVERVIEW Class 1: Introduction to Class and Torts (Tuesday, Jan. 10) Reading: 1) Dobbs et al., pp. 3-4 (“What Is Tort Law?”) and pp. 19-26 (“Reading Tort Cases: Procedures”); (2) Review the syllabus, which includes the course policies and tentative schedule (on class pages at ; (3) Read the documents titled “Background” and “Complaint” for the Quinn v. Jacob simulation Class 2: Theories of Tort Law (Thursday, Jan. 12) Reading: (1) Dobbs et al., pp. 4-17; (2) Excerpt from Kenneth S. Abraham, The Forms and Functions of Tort Law, pp. 14-20. INTENTIONAL TORTS THE PLAINTIFF’S CLAIM 3: Battery (Friday, Jan. 13) Reading: et al., pp. 29-46 Note: Class is from 12:45 p.m. to 2:10 p.m.
Class 4: Other Intentional Torts (Tuesday, Jan. 17) Reading: Dobbs et al., pp. 46-59; 467-474 DEFENSES Class 5: Self-Defense and Related Concepts (Thursday, Jan. 19) Reading: Dobbs et al., pp. 63-76 Class 6: Consent (Tuesday, Jan. 24) Reading: Dobbs et al., pp. 76-82 Class 7: Necessity (Thursday, Jan. 26) Reading: Dobbs et al., pp. 82-88 REVIEW AND STRATEGY Class 8: Review and Strategy of Intentional Torts (Tuesday, Jan. 31) Reading/Assignment: TBA NEGLIGENCE OVERVIEW Class 9: The Concept of Negligence (Thursday, Feb. 2) Reading: (1) Dobbs et al., pp. 91-93; (2) Excerpts of Timothy D. Lytton, Rules and Relationships: The Varieties of Wrongdoing in Tort Law, 28 Seton Hall L. Rev. 359, 365-370 (1997). DUTY Class 10: Reasonably Prudent Person (Friday, Feb. 3.) Reading: Dobbs et al., pp. 93-107 Note: Class is from 12:45 p.m. to 2:10 p.m.
Class 11: Specific Duties (Tuesday, Feb. 7) Reading: (1) Dobbs et al., pp. 111-120 [start with note 2 on page 111 and read through the end of the chapter]; (2) Dobbs et al., pp. 331-332 [note 2 ONLY]; (3) Dobbs et al., pp. 334-336 [Vergara case and notes 1-3]; (3) Dobbs et al., pp. 338-340 [“Note: Other Professionals”]; (4) Dobbs et al., pp. 342-346 BREACH Class 12: What’s Reasonably Prudent? (Thursday, Feb. 9) Reading: Dobbs et al., pp. 121-137 Class 13: The Hand Formula (Tuesday, Feb. 14) Reading: (1) Dobbs et al., pp. 137-142; (2) Excerpt from Kenneth S. Abraham, The Forms and Functions of Tort Law, pp. 62-68. Class 14: Proving Breach (Thursday, Feb. 16) Reading: Dobbs et al., pp. 146-162 February 21 – No Class (Presidents’ Day Holiday) Class 15: Special Situations: Res Ipsa Loquiter and Multiple Defendants (Thursday, Feb. 23) Reading: Dobbs et al., pp. 162-175 and pp. 142-146 (“Assessing Responsibility When More than One Person Is Negligent”) HARM AND CAUSATION 16: The Relationship of Harm and Factual Causation (Tuesday, Feb. 28) Reading: Dobbs et al., pp. 177-184 and pp. 194-202 Class 17: The Problem of Multiple But-For Causes (Thursday, Mar. 2) Reading: Dobbs et al., pp. 184-194 Class 18: Proximate Cause and the Length of the Causal Chain (Tuesday, Mar. 7) Reading: et al., pp. 203-222 Class 19: Proximate Cause and Intervening Acts that Break the Causal Chain (Thursday, Mar. 9)