Torts for the Paralegal 100 Course

7/30/2019 Torts for the Paralegal 100 Course

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Class Workbook & Plans

Course Title: Torts for the Paralegal GTO-100

Course Description: This course is designed to study torts, which is concerned with a person's conduct and theresulting harm. In general, the student will learn about harm to person and property. Topics such as assault,battery, false imprisonment, trespassing, and defenses will be discussed.

Course Objective: The student will learn the fundamentals of torts. The student will learn about intentionaltorts, negligence, liability without fault, injury to the person, damage to tangible property, and harm tointangible personal interest.

Required Textbooks: Paralegals in American Law by Angela Schneeman,Chapter 9: PRE-MIDTERM: Chapter 9, pages 268-273; 299-305; 310-312

POST-MIDTERM: Chapter 9, pages 273-289Louisiana Civil Code (West Publishing)

Note: Parallel text discussions with Louisiana law and include practical application of the law. Preparation offorms or legal documents and/or correspondence relative to the areas of discussion provide a workingknowledge of the field of study.

Instructor name: ________________________________________________________Hours available for students: ______________________________________________Office phone: _________________________________________________________Office address: ________________________________________________________


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Curriculum Description

Specific Objectives of the Paralegal ProgramsParalegal ProgramProgram Skills the Teacher Needs to TeachCourse SyllabusCourse Description and Objectives

Course Outlines

Curriculum Description

The paralegal profession has had the highest growth rate of any profession in the UnitedStates through the 1990's. There has been a large influx of students into paralegal studiesresulting in a very competitive local market in which applicants with the most convincingand respected credentials find jobs. These courses will be provided to fill a diversity ofneeds: an experienced legal secretary may want to upgrade his/ her education to beconsistent with his or her present employment; a student with an acceptable accomplishededucational history may want to learn additional marketable skills; a college graduatewithout a specific vocational focus may find such a focus in environmental law, employee benefits, corporation

law, bankruptcy, real estate and mortgages/estates, trusts & wills, personal injury an d litigation management.

Specific Objectives of the Paralegal Programs

To assure all students and prospective students from initial contact until graduation, a relationship withthe schools personnel which will meet the highest ethical standards. To offer paralegal educational programs designed to prepare graduates for theirchosen career. To develop, to the extent of economic viability, new methods and programs to meet the needs of achanging job market. To assist the individual in making a smooth transition from "student" to "employee" by providing a

realistic job-oriented education, including internship or inquiry where applicable. To assist graduates in finding employment in the economic community.

Paralegal Program

You may be interested in the fact that paralegals and legal assistants held about 188,000jobs in 2000. Private law firms employ the vast majority, followed by corporations andvarious levels of government agencies. The paralegal curriculum is designed to meet theneeds of this segment of the employing population by providing the student with an overall training in the legalfield. The curriculum is divided into several courses of study, covering the following areas of law: family law;real estate and mortgages; wills, successions, and estate administration; Torts, business law; legal research and

writing; law and ethics; writing conference and career development; litigation; criminal law, etc. Several Clinicare offered to emphasis many important section s of the law and related areas of employment.

Program Skills

Legal research Interview clients and witnesses Obtain statements and gather data in preparation of litigation Prepare pleadings, service of process, subpoenas, wills, contracts, and other legal

documents Organize and index documents and information


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Draft and review deeds, mortgages, leases, and other real estate and related contract documents Set up and maintain dockets and files Recognize and research criminal causes of action and pre-trial, trial, and post-trial

stages of litigation Draft and review legal documents such as divorce petitions, child support, child

custody, and property settlement agreements Draft and review wills and estate plans

Prepare and execute post-judgment documents Draft and review bankruptcy petitions Identify various business types; prepare articles of incorporation and various other

documents relative to business organizations Abstract depositions Review and prepare discovery materials and responses

Course Syllabus

Introduction: The purpose of this syllabus is to explain to the student what he/she should expect in this course.An instructor may also produce a syllabus of his or her own outlining assignments and procedures to be

followed in the class. Please give the students the following information so they may contact you.

Occasionally, instructors unavoidably arrive late or cancel classes due to circumstances arising from theirprofessional practices. Should there be a reasonable expectation that a class will run overtime due to aninstructors late arrival, any student who must leave at the originally scheduled ending time should speak to theinstructor before class or during the break. Any and all Students leaving before the originally scheduled endingtime will be marked absent by the instructor.

The purpose of all classes is to prepare students for the job market. The teacher will attempt to relate thecontents of this course to actual job situations. Seminars are designed to provide basic information and ideas ina specific area of the law for those who are working in a law office and those who plan to work in a law office.

Hours in Class and Credit Earned:

This class will meet as show on the Colleges website and on your schedule. Thursdays and Sundays aredesignated as make-up days. The teachers may vary the class meeting time as long as the required hours are metin each course; this is done so that the school can hire working professionals. One and a half semester credithours are granted for satisfactory completion of this class and a grade will be posted on the students transcript.

This class counts toward satisfaction of the requirements for graduation from the paralegal studies curriculum.

Suggested Supplies for the Student:

Pencil, highlighter, red and black pens.

Attendance:

The College adheres to the American Bar Association policy for law school attendance which requires "regularand punctual class attendance." Students are expected to attend every meeting of every class. The student hasthe responsibility of attending all scheduled classes. The teacher records student attendance during each classsession. A student is recorded as absent for being more than a specified number of minutes late for a classand/or for leaving class before being dismissed by the teacher. See BRCs website for specified time.

Instructors will take attendance at the beginning and/or end of each class session. If the student is late and/or


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must leave early, it is the students responsibility to inform the teacher at that class session. Students areresponsible for obtaining instruction and information missed during absences.

All teachers certify attendance records and are responsible for correct and accurate reporting of attendance andclass hours. Class time missed must be made up. The college administration relies on attendance recordssubmitted by the teachers, and hold the teachers responsible for incorrect attendance records. Teacher mustcheck and report attendance correctly.

It is each students responsibility to make sure the teacher records him/her present in each class in which he/she

is in attendance. If a student misses class due to illness or emergency, it is the students responsibility tocontact the teacher of the course directly. It is not necessary for the student to notify the administration.

There are no excused absences. All classes started, but not completed, prior to dismissal for excessiveabsences will receive a W. An outline of the number of absences allowed is below.

Example: A student is enrolled for Saturday only classes:

3 Semester Credit

Hours

2 Absences allowed

per semester

3 absences the student is dismissed for the semester and not

allowed to receive credit for the courses enrolled.

6 Semester Credit

Hours

4 Absences allowed

per semester



9 Semester Credit

Hours and Up

6 Absences allowed

per semester



12 Semester Credit

Hours and Up

8 Absences allowed

per semester


allowed to receive credit for the courses enrolled

Internship hours are kept by the supervising attorney. The interning student is required to notify the supervisingattorney immediately if an absence will occur from an internship. The student must also record the absence onthe daily internship time sheet. Absences should occur only in extreme emergencies. The student must makeup any regularly scheduled time missed.

Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from theirprofessional practices. Should there be a reasonable expectation that a class will run overtime due to ateachers late arrival, any student who must leave at the originally scheduled ending time should speak to theteacher before class or during the break. Any and all students leaving before the originally scheduled ending

time will be marked absent by the teacher. If the teacher is 30 or more minutes late to class, the class isdismissed and will be made up at another time set by the teacher.

Teacher Evaluation:

Teacher evaluations are completed by each student. These evaluations are used to help the teacherimprove.

Class Participation:

Participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc.

Tests:


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Take all in-class test. Take the final examination given by the teacher. The school will provide anadministrative exam to be given at the end of each course. Make-up exams will be at the discretion of theinstructor.

GRADES:

Grading Scale:90 - 100 = A89 - 80 = B79 - 70 = C69 - 60 = D59 - 60 = F

Final Grade Computation Example: The following is an example of final grade computation. The instructormay, at his or her discretion, adjust the percentages.

Example:

40% = Final Exam10% = Attitude & Attendance35% = Midterm Exam15% = Homework/Workbook

Satisfactory Progress Policy:

The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, half-time orself-paced basis and applies to all programs of study. Students are considered making Satisfactory Progress inthe program of study as long as they are eligible to continue in attendance in accordance with the followingprovisions. Each student's Satisfactory Progress is measured at the end of each month or course and includes the

following elements: Incompletes, Withdrawals, Repetitions, Failures

Withdrawal from a Course:

A student may add or drop a course(s) during the first week of class. After the first week, if the student attends aclass, the student will be enrolled in that course for the entire term of the course. Should a student withdrawfrom a course before the midterm, the student will receive a "W" for that course. The "W" will remain on thestudentspermanent record. Should a student withdraw from a course after the midterm, a grade of WF willbe received. The students graduation date will be extended under these circumstances.

Incompletion of a Course:

A student will receive an "I" in a course with the approval of the Admission and Education Team Supervisor orthe President, after consultation with the instructor. The work required to complete the course must becompleted during the next three weeks or the student will receive an "F" for the course.

Repeating a Course:

A student may elect to repeat a course at his own expense to improve a grade, which will be averaged into thestudent's cumulative grade point average (GPA). The first grade will not be averaged into the GPA; however, nogrades will be deleted from the student's transcript. The second grade will be shown as a repeat on the student'stranscript. All courses must be repeated prior to graduation dates.


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Failing a Course:

A student who receives a grade of "F" in any course must repeat the course or complete another course in therotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new course willbe averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript. Aminimum grade of "D" or better is required to pass all courses in all programs; however, a student may repeat a

course until it is satisfactorily completed. A student may substitute a course upon approval, in writing, by theAdministration. The students graduation date will be extended under these circumstances. Non-credit remedialcourses are not offered.

Holidays and Inclement Weather:

Taking a holiday or postponing class due to inclement weather is at the discretion of each teacher and all classesmissed must be made up during the current block of classes. If the student has any doubts as to whether or notclass will be held, the teacher should be contacted, not the college! If a teacher does contact the college withnotice of such a postponement, an e-mail will immediately be sent out to all students; therefore student e-mailsshould be checked regularly.

Make-up Policy:

Make-ups may be allowed at the discretion of the instructor Make-ups may be allowed if the student misses aquiz or test due to unavoidable circumstances, such as his/her own illness or serious illness or death of a familymember or close friend. The student must contact the teacher about taking a make-up within 3 calendar days ofthe missed assignment. The teacher may require written documentation of the circumstances an d reserves theright to investigate the truth of the claim or deny the student the right to take a make-up. Make-up work istotally at the discretion of the instructor.

Academic Honesty:

The school places a high premium on academic honesty. The students may certainly study together, exchangenotes, consult books in the library, etc. When students enter the classroom to take a quiz or test, they must placeall notes and books out of sight. The students must avoid even the appearance of impropriety. The teacher mayask the student to certify honesty by writing on each quiz or test paper that "I have neither given nor receivedaid during this test (quiz, examination) and by signing the statement.

Location of Class:

Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers are encouraged totake students to law offices, courtrooms, large law libraries, and other community locations where paralegals

may learn how the legal community functions. Students are responsible for obtaining instruction andinformation missed during absences.

Time Allotment:

Each class will be meet as show on the Colleges website and on your schedule.

Classmates:

Students may find it helpful to have the names and phone numbers of two or three classmates in case the studentneeds to get notes, find out about announcements, etc.


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Name:_____________________ Phone:______________________Name:_____________________ Phone:______________________Name:_____________________ Phone:______________________

Student Email: All students are issued a private e-mail address which can be accessed through the website,www.brc.edu. It is the students responsibility to check this e-mail address daily for all notices andannouncements.

Final Exam Date of Exam ___/___/___

Student preparation checklist:

Take notes during Final Exam Review:

Use the assignments given throughout the course as your study-aids.

Make sure you know what the test will consist of and how it will be administered.

Relax! If you know the material and understand the structure of the exam, you should do fine! If

you have questions, dont be afraid to ask your instructor!

Instructional Methods in BRC courses:

Lectures, case study from text and reports, basic legal research, writing exercises (case brief, preparingquestionnaires, using and drafting forms, drafting petitions, drafting discovery, etc.) guest speakers, and groupprojects. Class participation is required.

Teacher Evaluation:

Teacher/Staff evaluations are completed by each student. These evaluations are used to help the teacher and theschool improve.

Class Participation:

Participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc.

Food and Drink Policy:

Food items and soft drinks may not be consumed in BRC classrooms. Students are also discouraged frombringing any food and drink items into the classroom even though these items remain in sealed packaging.

Smoking/Tobacco Products:

Smoking or the use of any tobacco products is prohibited inside the BRC building.

No Children in the Classroom:

In order to adhere to instructional procedures, as well as maintain the safety of children, BRCs policy of no

children in the classrooms (lecture, lab, etc.) will be followed.

Cell Phones/Pagers:

All cell phones and pagers must be turned off when the student is participating in any lectures.


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Time Allotment:

Each topic should receive equal time. If the attorney instructor thinks that students need additional time for atopic based on his professional practice and training, the time should be adjusted.

Course Outline

I. The Role of Personal Injury Paralegals in Tort Litigation

II. Public Policy Objectives in Tort Law

III. NegligenceA. DutyB. Breach of DutyC. CausationD. Damages

IV. Intentional TortsA. AssaultB. BatteryC. False ImprisonmentD. Infliction of Emotional DistressE. Malicious Prosecution and Abuse of ProcessF. Invasion of PrivacyG. Defamation: Libel and SlanderH. Trespass to LandI. Toxic Tort Actions

J. Trespass to ChattelsK. ConversionL. Miscellaneous Intentional Torts

PRE-MIDTERM OBJECTIVES:

Study the terms used in Torts Law and Forms related to Torts Law. Define a "tort", providing an overview of a tort case, giving brief instruction in reading and analyzing

case law, and discussing negligence, intentional torts and the types of intentional torts. Assess student understanding using provided questions and/or other activities. Relate this area of law to being an employed paralegal.

TOPICS AND KEY POINTS TO BE COVERED BEFORE MIDTERM:

I. THE GENERAL NATURE OF TORTS Chapter 9, pages 268-273Paralegal Role in Tort LawTort Law in LouisianaGeneral Nature of Tort LawPublic Policy Objectives in Tort Law


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II. NEGLIGENCE Chapter 9, pages 299-305;310-312Scope of Duty and Standards of Reasonable CareCausation of InjuryProximate CauseDamagesProving NegligenceNegligent Infliction of Emotional Distress

QUESTION LIST: Review these questions during class.

THE GENERAL NATURE OF TORTS:

1. Define tort.

2. List the three categories of torts.(1) ______________________________________(2) ______________________________________(3) ______________________________________

3. Distinguish between an intentional tort and negligence.

4. True or False. Tort law is derived strictly from statutory enactments.

5. A valuable research tool in the field of tort law is ___________________________________________________ and ____________________________________ which summarize thelegal principles discussed in common-law decisions.

6. Briefly list the underlying principles of tort law.

NEGLIGENCE:

1. Define negligence.

2. List the five (5) elements of negligence.(1) ___________________________(2) ___________________________(3) ___________________________(4) ___________________________(5) ___________________________

3. True or False. All individuals are held to the same degree or standard of care.


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4. Describe the doctrine of res ipsa loquitur.

5. What are the three (3) categories of damages?(1) _______________________________(2) _______________________________

(3) _______________________________

6. Discuss those factors taken into consideration in determining the reasonableness of anindividual.

7. True or False. Special allowances are made for those defendants who are emotionallyunstable or who are of substandard intelligence.

8. True or False. Children are not held to the same standard of care as an adult in anyinstance.

9. Distinguish between the "but for" test and the "substantial factor" test.

10. What is the rationale behind punitive damages and when are they most often awarded?

11. Under the rule of joint and several liability if a harm is indivisible and no rational apportionment is

possible, each defendant can be held responsible for_______________________________________________.

12. True or False. If tortfeasors A, B, and C are jointly and severally liable for a $25,000 judgment and theplaintiff recovers $25,000 from A, plaintiff may also recover the same amount from the other defendantsB and C.

13. Define reasonable person.

14. Distinguish between causation and proximate cause.

15. Who has the burden of proof in a negligence action and what is the standard of proof?

16. ___________________________ means the thing speaks for itself. How does thisdoctrine affect the burden of proof?


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MIDTERM EXAM: (one-half way into course) Date of Midterm: / /

.

POST-MIDTERM OBJECTIVES:

Discuss intentional torts. Refer to the Louisiana Civil Code articles and Revised Statutes dealing withthese particular areas of study..

Assess student understanding using provided questions and/or other activities. Relate student assessment questions to being an employed paralegal. Correlate apprenticeship list of items to be performed with the student assessment questions

TOPICS AND KEY POINTS TO BE COVERED BEFORE FINAL EXAM:

III. INTENTIONAL TORTS Chapter 9, pages 273-279

Assault and BatteryFalse ImprisonmentInfliction of Emotional DistressFraud and MisrepresentationMalicious Prosecution and Abuse of ProcessInvasion of PrivacyDefamation: Libel and SlanderTrespass to LandToxic Tort ActionsTrespass to ChattelConversionSlander of Title, Commercial Disparagement, and Defamation by Computer

QUESTION LIST: Review these questions during class.

INTENTIONAL TORTS:

1. All intentional torts include two elements:_______________________________.

2. Define and discuss the elements of battery.

3. Define intentional tort.

4. Define and discuss the elements of assault.

5. True or False. Mere obstruction of someone's path is considered false imprisonment.


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6. Define misrepresentation.

7. A plaintiff must show that he or she relied on the defendant's misrepresentation.List some areas wherein the reliance is justifiable.

8. Briefly describe malicious prosecution.

9. Differentiate between malicious prosecution and abuse of process.

10. Name and define the two related torts which encompass defamation.

11. What are the elements of defamation?

12. True or False. Defamation requires publication; therefore, the false statementsmust appear in print in a newspaper, magazine, etc.

13. True or False. A defense to the tort of trespass to land is that contact with theplaintiff's land was the result of a reasonable mistake.

14. ________________________________ is committed by the intentionalinterference of the plaintiff's use or possession of personal property.

15. Distinguish between conversion and trespass to chattels.

16. _____________________ is an absolute defense in defamation cases.

17. True or False. Chattel is another term for real property.

18. __________________________ results when a tortfeasor makes false statementsabout an individuals ownership of property.

19. How does slander of title differ from defamation by slander?

20. Define defamation by computer.


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FINAL EXAMINATION (last day/last hours of course) Date of Final:

/ /

Documents

Torts for the Paralegal 100 Course