TORT LAW FOR PARALEGAL STUDIES
Y226, Class # 22965 6:00 pm to 8:40 pm, Mondays, CA 233
Instructor: Bruce Andis
(317) 460-1134(765) 325-2677
Email:
Text: Edwards, Tort Law for Legal Assistants, 3rd Ed., West Legal Studies, 2003.
COURSE DESCRIPTION
Tort Law for Paralegal Studies surveys the landscape of tort law, with attention paid to how Indiana tort law varies from what the general approach that the text describes. Tort law seeks to redress civil wrongs, much as how criminal law seeks to redress criminal wrongs. Indeed, we will see that much of tort law has roots in criminal law, arising from acts that may serve as a basis for both a civil lawsuit and criminal charges.
The face of tort law, steeped in English common law, has also been changed by legislation. We’ll look at these developments, too.
Throughout our examination of tort law, we’ll try to think about how you, the paralegal, can anticipate the needs of a supervising attorney. The nuts and bolts of working as a paralegal on tort law issues will be addressed through the lens of the theory that controls an attorney’s approach to such issues.
CLASS SCHEDULE
January 7, 2008Review syllabus, expectations
Ch. 2 - Overview of a Tort Case
January 14, 2008Quiz (Chapter 3)
Ch. 3 - Intentional Torts
First brief, on a chapter 3 case, due today
January 21, 2008ReadChapter 4 - Negligence: Overview
(There is no case to brief for chapter 4.)
Quiz (Chapter 5)
Ch. 5 - Negligence: Duty
January 28, 2008Quiz (Chapter 6)
Ch. 6 - Negligence: Breach of Duty
February 4, 2008Quiz (Chapter 7)
Ch. 7 - Negligence: Causation
February 11, 2008Quiz (Chapter 8)
Ch. 8 - Negligence: Damages
February 18, 2008Quiz (Chapter 9)
Ch. 9 - Negligence: Defenses
February 25, 2008Quiz (Chapter 11)
Ch. 11 - Misrepresentation, etc.
March 3, 2008Quiz (Chapter 12)
Ch. 12 - Strict Liability
March 10, 2008SPRING BREAK!
March 17, 2008Quiz (Chapter 13)
Ch. 13 - Product Liability
March 24, 2008Quiz (Chapter 15)
Ch. 15 - Vicarious Liability
March 31, 2008Quiz (Chapter 16)
Ch. 16 - Joint Liability
April 7, 2008Quiz (Chapter 19)
Ch. 19 - Bad Faith
April 14, 2008Quiz (Chapter 14)
Ch. 14 - Defamation
April 21, 2008Quiz (Chapter 18)
Ch. 18 – Automobile Insurance
(There is no case in the text; an Indiana case will be assigned in class.)
April 28, 2008Quiz (Chapter 20)
Ch. 20 – Workers’ Compensation
(There is no case in the text; an Indiana case will be assigned in class.)
Research Paper due
May 2, 2008Final Exam
GRADING
Quizzes
Each quiz, worth twenty (20) points, is a take-home quiz that examines and reinforces your grasp of the chapter assigned for reading that week. The completed answer sheet is due at the beginning of class. Late quiz answer sheets will not be accepted. I will accept an answer sheet sent to me by email if it bears a time-date stamp that shows the email was sent before the start of that class session.
Briefs
Each case in your text illustrates a point of law. You will turn in a brief of any case in the chapter or chapters to be covered for that class session. For example, you may brief any case in chapter 3 to be turned in at the beginning of class on Wednesday, January 14th. Late briefs will not be accepted. I will accept a brief sent by email if it bears a time-date stamp that shows the email was sent before the start of that class. Each brief is worth 10 points.
Why make you write briefs? There are at least four reasons:
- Demonstrate you’ve read and thought about the case;
- Develop your analytical skills;
- Improve your writing skills; and
- Put chapter concepts into context with Indiana law.
Here’s a sample brief:
Kolender v. Lawson, 461 U.S. 352 (1983)
Facts: A California statute made refusing to provide credible and reliable identification to police a misdemeanor. The defendant was charged twice and convicted once. He appealed on grounds that the statute was unconstitutionally vague on its face.
Issue: Was the statute unconstitutionally vague on its face, regardless of how it was applied?
Holding: The statute was unconstitutionally vague.
Reasoning: The Constitution requires penal statutes to be precise enough to allow people to know what is expected of them. The California statute had no standard of what was a credible and reliable identification; it gave police unfettered enforcement discretion; and it could be used as a tool to harass the poor, minorities, and those with unpopular beliefs.
The Fact section should only include facts relevant to the Holding. An opinion will include many facts, only some of which may be relevant to the particular holding for which the case was included in the text.
The Issue describes the question the opinion resolves.
The Holding is the court’s decision on the law regarding that one issue. An opinion may decide many issues; thus, you need to focus on the key holding that illustrates the point of law for which the case opinion is included in the text.
The Reasoning explains how the court came to its decision, describing the legal principles on which the holding rests.
Research Paper
You will write a research paper five to seven pages in length. The assignment will require a measure of legal research and correct citation format. The paper is worth a total of 100 points. The research topic and a rubric for the assignment will be distributed in class later in the semester.
Final Exam
The Final Exam will cover main concepts covered throughout the semester. It will be primarily essay questions, and worth 50 points
Attendance and Class Participation
If you participate regularly with meaningful discussion in class, I may raise your grade by half a letter grade. Let’s say you have 325 points at the end of the semester. If your participation in class discussion is good, you may get a B- instead of a C+.
You lose four (-4) points for each missed class. I don’t distinguish between excused and unexcused absences. Just as “my dog ate my homework” didn’t work in fifth grade, “my car broke down” won’t work now.
If you miss more than half our class meetings within the first four weeks of the semester without explanation, you may be administratively withdrawn from this section. Administrative withdrawals take place after the full refund period, so you would not be eligible for a tuition refund. Administrative withdrawals may also have academic and financial aid implications. If you have questions about the policy, please contact me.
Point Distribution/Grades
There are 600 points possible during the semester. Here’s how I’ll distribute grades:
600-564 / A563-540 / A-
539-522 / B+
521-498 / B
497-480 / B-
479-462 / C+
461-438 / C
437-420 / C-
419-402 / D+
401-378 / D
377-360 / D-
359-0 / F
ACADEMIC MISCONDUCT
Thanks to the World Wide Web, academic dishonesty, which includes plagiarism and cheating, is easier for students to commit. Faculty are not complete dolts, though; with the same tools used by dishonest students we often figure out when students submit papers that are not their own.
Don’t do it. Not only is it just plain wrong, the penalties are severe. Please see Code of Student Rights, Responsibilities, and Conduct at for details of IUPUI’s policies regarding academic misconduct.
ONCOURSE
I use Oncourse to post electronic copies of:
- This syllabus,
- PowerPoint Presentations used during class lecture,
- Chapter quizzes,
- Interesting Indiana cases dealing with issues we discuss,
- Applicable Indiana statutes, and
- The occasional class announcement.
I also record your grades on Oncourse. Check the grades frequently; I’m not above transposing numbers or hitting the wrong key while recording a grade. Let me know if you find a mistake.
I don’t plan to use the chat room. You may, of course, go there to chat with your classmates. Just play nice.
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