COLLIN COLLEGE
DIVISION OF BUSINESS & COMPUTER SYSTEMS
COURSE SYLLABUS
FALL 2014
COURSE DESCRIPTION
COURSE NUMBER: LGLA 2303 SECTION: S01
COURSE TITLE: TORT LAW - DRAFT COPY
CATALOGUE DESCRIPTION:
This course presents fundamental concepts of family law with emphasis on the paralegal’s role.
COURSE CREDIT HOURS: 3 LECTURE HOURS: 3
INSTRUCTOR’S INFORMATION:
Catherine Tolliver
SCC Office: Room K-237 Hours: Fri. Noon - 1PM (but call to confirm I am there)
Phone: (214) 497-7210 Email:
DEPARTMENT INFO: Business & Computer Systems. Chair, Cynthia Gruver, (972) 881-5747
CLASS INFO: Sec. S01
Meets: Weekly Friday: 1:00 – 3:45 PM
Location: SCC: Room: I-114
CORE RESOURCES: Text: Tort Law, L. Edwards et al, 5th Edition, Delmar Cengage Learning (2012)
Available at the Collin bookstore (ISBN 9781111312152)
and at: http://www.cengagebrain.com/shop/search/9781111312152
MINIMUM TECHNOLOGY REQUIREMENT: Students must be able to access and use learning for course information, grades and assignments. Students may complete the online Orientation to Blackboard eLearning at http://online.collin.edu/blackboard.html.
ASSIGNMENTS (5): Must be downloaded and printed from Blackboard
LEARNING OUTCOMES:
After successfully completing this course, students should be able to:
1. Identify the steps in the litigation process (F7, C7, C11)
2. Identify primary types of intentional torts, their elements and defenses (F1, F10, F11, C11, C13)
3. Identify facts giving rise to additional torts against persons and property (F1, F10, F11, C11, C13)
3. Identify the legal significance, elements, and common defenses to negligence (F1, F8, F10, F11)
5. Understand the nature of strict liability, its elements and defenses, and identify the bases for products
liability claims under negligence, strict liability, and warranty theories (F1, F10, F11, )
6. Understand methods for establishing standards of care in professional malpractice claims (F1, F10, F11)
7. Understand when claims for work-related injury are covered by workers compensation (F1)
8. Become familiar with the basics of automobile insurance coverage and claims (F1)
Secretary’s Commission on the Acquisition of Necessary Skills (SCANS) - SCANS skills are a group of foundational skills and workplace competencies that the Secretary’s Commission on the Acquisition of Necessary Skills established as vitally important for workplace success in the 21st century. In Collin’s workforce programs, the SCANS skills are developed and reinforced throughout the curriculum to provide students with an opportunity to hone these skills/competencies in the context of their education. Over the course of an entire degree program, the successful student is expected to demonstrate all of the SCANS skills and competencies as part of their education*. The SCANS Foundation Skills and Workplace Competencies are described at: http://______
* Students completing an Associate of Applied Science Degree in Paralegal Studies are not
expected to demonstrate SCANS skills in the areas of Systems, Technologies and Resources.
WITHDRAWAL POLICY: The last day to withdraw from this course without instructor permission is October 17, 2014. Students who are having academic difficulty should meet with the instructor before withdrawing from the class. Students who withdraw from the course may repeat the course only once for credit.
COLLIN COLLEGE ACADEMIC POLICIES: See the current Collin Student Handbook.
AMERICANS WITH DISABILITIES ACT STATEMENT:
It is the policy of Collin County Community College to provide reasonable and appropriate accommodations for individuals with documented disabilities. This college will adhere to all applicable Federal and State laws, regulations, and guidelines with respect to providing reasonable accommodations as required, to afford equal educational opportunity. It is the student's responsibility to contact the ACCESS Office located at SCC Room G-200 (972) 881-5898 TDD (972) 881-5950, and at PRC Room F-118 (972) 377-1785 in a timely manner to arrange for accommodations.
ATTENDANCE POLICY:
Attendance is taken at the beginning of each class period. Although attendance is not factored into your class grade, punctual and consistent attendance is very important to your success. Supplemental information is presented durhng class periods and assignment or exam questions often come from class discussions. A student who must miss class has responsibility to turn in written assignments, to obtain handouts, to request copies of notes from classmates, and to make arrangements with instructor to complete any assignment due on that date. My late assignment policy is stated below.
ADDITIONAL STUDENT LEARNING OUTCOMES:
In addition to the standard student learning outcomes, students are expected to:
Demonstrate knowledge of the distinctions between intentional torts, negligence, and strict liability
Demonstrate knowledge of defenses that may be asserted against claims of various torts
Demonstrate basic ability to recognize different tort claims that might arise from given facts
Demonstrate basic ability to identify different defenses to claims that can be asserted under given facts
Demonstrate basic familiarity with procedures in court in a tort case
METHODS OF EVALUATION and GRADING WEIGHT ALLOCATION:
1. 25% (250 pts): Unit Assignments - 5 assignments @ 5% (50 pts) each
2. 25% (250 pts): Midterm
4. 25% (250 pts): Complete basic uncontested divorce petition and orders based on factual scenario
5. 25% (250 pts): Final exam (comprehensive test covering Units 1 – 5)
A perfect score would equal 1000 pts
LATE ASSIGNMENTS: 1 pt per day deduction for Unit Reviews, up to 7 days. Assignments not received within 7 days, or by the date graded assignment is handed back, whichever is the later date, receive a grade of ZERO.
EXCEPTION: UNIT 1 ESSAYS MUST BE RECEIVED BY DUE DATE. NO LATE PAPERS!
Grading will be based on the cumulative total of your overall performance on all graded short essay exercises, review assignments, exam, and end of term short project.
The grading scale is based on 1000 possible points, and is strictly applied, as follows:
A = 900-1000 B = 800-899 C = 700-799 D = 600-699 F = Below 60
COURSE CALENDAR - LGLA2303–S01 FALL 2014
SUBJECT TO CHANGE! YOU ARE RESPONSIBLE to check Blackboard each week
WEEK 1 UNIT 1 - Introduction: Overview and classification of torts
Aug 29: VIDEO: Introduction and course overview
READ: Chapter 1 - Overview of Tort Law
Lecture: Chapter 1 - What is tort law? What are the sources of tort law?
Video introduction to steps in litigation.
WEEK 2 UNIT 2 - Intentional Torts - Chapters 3, 10, and 13
Sep 5: DUE: REVIEW Assignment #1
READ: Chapter 3
Lecture: Intentional Torts against Persons and Property.
WEEK 3 UNIT 2 - Intentional Torts - Chapters 3, 10, 13
Sep 12: READ: Chapters 10 and 13
Lecture: Misrepresentation, Nuisance, Defamation, Conversion, and other Intentional Torts
WEEK 4 FINISH UNIT 2 (Intentional Torts), START UNIT 3 - NEGLIGENCE
Sep 19: CLASS ENDS at 2:50PM (This is Plano balloon festival weekend).
READ: Chapter 4 - Duty (+ p.
Lecture: Tie- up Intentional Torts
Duty - 1st element of Negligence. What is the duty of care?
WEEK 5 UNIT 3 - NEGLIGENCE
Sep 26 DUE: REVIEW Assignment #2
READ Chapter 5 - Breach of Duty.
NOTE: Don't read sections on the Learned Hand Formula too closely, because Texas follows the Restatement's Risk/Utility analisys, and that is different from Learned Hand's Risk/Benefit analysis (the book misstates this at p.107).
Lecture: Breach of Duty - 2nd element of Negligence
WEEK 6 UNIT 3: - NEGLIGENCE
Oct 3 READ: Chap 6-Causation (except pp. 150-156)
Chap 7- Damages
Lecture: Causation & Damages
WEEK 7 UNIT 3 - NEGLIGENCE
Oct 10: DUE: REVIEW Assignment #3
READ: Chapter 8 - Defenses to Negligence + pp.150 - 156 in Chap 6
Lecture: Defenses to Negligence; Tying-up Negligence
WEEK 8 MIDTERM & Begin UNIT 4 - STRICT LIABILITY AND PRODUCTS LIABILITY
Oct 17: DUE: Midterm - Take home portion (Chap 1, 3-8, 10, 13)
Oct. 17 MIDTERM: In class portion - I hour (Chap. 1, 3-8, 10, 13)
Oct. 17 READ: Chapter 11 - Strict Liability
Lecture: Chapter 11 - Strict Liability
OCT 17: LAST DAY TO WITHDRAW (5:00 PM)
WEEK 9 UNIT 4 - STRICT LIABILITY & PRODUCTS LIABILITY
Oct 24 : READ: Chapter 12 - Products Liability
Lecture: Products Liability
WEEK 10 UNIT 5 - MALPRACTICE, INSURANCE, WORKERS COMP,
WHO TO SUE & TRIAL PROCESS
Oct 31: READ: Chapter 9 - Malpractice
Lecture: Finish up strict liability & products liability issues and questions
Malpractice -Professional negligence (applicable standard of care)
Malpractice -Strict liability and/or intentional tort claims
WEEK 11 UNIT 5 - MALPRACTICE, INSURANCE, WORKERS COMP,
WHO TO SUE & TRIAL PROCESS
Nov 7: DUE: REVIEW Assignment #4
READ: Chapters 17 & 19 - Auto insurance & Workers Compensation
Lecture: Basic components of auto insurance
Workers Compensation (state administered / in lieu of negligence)
WEEK 12 UNIT 5 - MALPRACTICE, INSURANCE, WORKERS COMP,
WHO TO SUE & TRIAL PROCESS
Nov 14: READ: Chapters 14-15 - Vicarious Liability & Joint Liability
Lecture: Vicarious liability and respondeat superior
Joint liability. Joint and several liability. Contribution.
WEEK 13 UNIT 5 - MALPRACTICE, INSURANCE, WORKERS COMP,
WHO TO SUE & TRIAL PROCESS
Nov 21: READ: Chapter 2 - Procedure. Bring & prosecute claims in court
Lecture: A summary of how to file or answer a complaint in court, perform discovery, and steps in pre-trial, trial, and post trial proceedings
WEEK 14 NO CLASS - THANKSGIVING
Nov 25: DUE: REVIEW Assignment #5
You can turn it in to the secretary at Room K-237 or to the
Homework drop box. Or email to me before midnight on Nov. 25
Nov 28: No. class. HAPPY THANKSGIVING. See you next week.
WEEK 15 UNIT 5 & Exam REVIEW
Dec 5: DUE: Divorce docs assignment: Petition and proposed Orders
READ: Chapter 18 - Bad Faith claims (not on the exam)
Lecture: Chapter 18 - first hour
Review for the exam - bring graded Reviews and your questions
WEEK 16 EXAM WEEK
Dec 12: FINAL EXAM: 9:00 - 11:00 AM, Spring Creek Campus, Room I-114
LATE WORK POLICIES
* GENERAL POLICY:
1 point is deducted per day up to 7 days or until assignment is handed back to the class.
Assignments not received (or excused) before that assignment is handed back (generally at the next class), will receive a grade of zero unless written permission is requested and received from me.
TURNING IN YOUR ASSIGNMENTS: Assignments are due in class the date given in the calendar below, but if you miss class or you notify me at class, you need to take it to Room K237 by the end of the day (You can give it to the secretary, if she is there, and she will note the date and time. If she is not there and/or the door is locked, there is a black drop box for Homework located on the wall to the left outside the door to K237). As a last resort, you should send me the complete assignment via email before midnight the date it is due. It is easiest for me to receive your completed assignment in WORD format, but I can accept scanned copies.
STUDENT LEARNING AGREEMENT
By virtue of enrolling in LGLA 2303-S01, I hereby acknowledge the following implied agreement:
I have knowingly registered in LGLA 2303 Tort Law, Section-S01 and I am able to attend class sessions as scheduled. I understand that poor attendance may adversely affect my ability to perform in this class. I also understand that there is extensive reading for this course and that I am expected to have completed reading chapters assigned before class.
I expect to learn about general principles of Tort Law, in general, including intentional torts, negligence, strict liability, products liability, malpractice, insurance, workers compensation, and trial procedures, with specific application of Texas law including affirmative defenses recognized, standards for establishing duty of care and breach thereof, and steps in litigation.
I understand that I will receive the grade that I earn in this course based on my performance on tests, final exam, and assignments.
I understand that it is my responsibility to come to class prepared to learn. I will be prepared to learn when I have completed the assigned reading and any other assignments given by the instructor when class begins. I understand that my failure to come to class prepared may adversely affect my grade in this course.
I have the right to expect that my instructor will be prepared for each class. My instructor will be prepared for class when he/she has a set agenda for each class and communicates it to the class.
I understand that I am responsible for the material covered in class whether I am present or not.
I understand that I am responsible for taking all scheduled tests and exams.
I understand that my professor does not give make-up assignments.
I understand that I may ask questions in class and am encouraged to do so, and I will not hesitate to do so when I have a question.
I will READ ALL DIRECTIONS before starting exams or assignments and comply with direction.
I understand that the teacher will report any instance of academic dishonesty to the Dean of Students and such may result in a failing grade for me.
I will not conduct myself in a manner that is disrespectful to my professor or my classmates. I will not exhibit any behavior that is disruptive to the learning environment.
I will respect other students’ property and opinions; and I will expect the same in return.
My cell phone will be turned off or completely silenced at all times during class. I will not use my cell phone in class.
Print Name: ______
Sign ______, date _____/_____/2014, and turn in.
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