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PELLISSIPPI |
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TORTS |
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Class Hours: 3.0 |
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Credit Hours: 3.0 |
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Laboratory Hours: 0.0 |
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Revised: Spring 2010 |
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NOTE: This course is not designed
for transfer credit. |
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Catalog Course
Description: |
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Survey of state and
federal law treating civil injury or damage to persons or property; worker's compensation;
intentional torts; negligence; product liability; malpractice; and wrongful
death. Emphasis on the legal assistant's role in personal injury and
worker's compensation cases. |
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Entry Level Standards: |
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College-level
competencies in logic, reading, and English are required. |
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Prerequisite
Co-requisite/: |
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LAW 1000; LAW 1060 |
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Textbook(s) and Other
Course Materials: |
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Schaffer, Lisa,
McGraw-Hill’s Torts for Paralegals, McGraw-Hill Higher
Education, 2009. |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Chapter 1:
Introduction and Overview of Torts and Related Causes of Action: distinguish
between tort and crime, tort and contract (1.0 hour); intentional torts (.25
hour); negligence (.25 hour); strict liability (.25 hour); elements (.50
hour); procedural overview (.25 hour); legal ethics (.25 hour); terminology
(.25 hour) |
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2 |
Chapter 2:
Intentional torts against the person: elements of battery (.50 hour);
elements of assault (.50 hour); elements of false imprisonment and false
arrest (.50 hour); elements of infliction of emotional distress (.50 hour);
elements of defamation (.50 hour); elements of invasion of privacy:
intrusion, appropriation, public disclosure of private facts, false light
(.25 hour); transferred intent (.25 hour) |
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3 |
Chapter 3:
Intentional torts against property: elements of trespass to land (l.0
hour); elements of trespass to chattels (.50 hour); elements of conversion
(.50 hour); trespass in cyberspace (.25 hour); fact finding (.25 hour),
assistance with litigation (.25 hour); terminology (.25 hour) |
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4 |
Chapter 4: Defenses to intentional torts (3.0 hours) |
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5 |
Chapter 5:
Negligence: Duty and breach of duty (.75 hour); elements of negligence
(.25 hour); the reasonable person (.50 hour); objective v. subjective
standard (.50 hour); res ipsa loquitur
(.50 hour); negligence per se (.50 hour) |
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6 |
Chapter 6:
Negligence: Proximate cause (1.0 hour); causation in fact (.50 hour);
but for causation (.50 hour); intervening causes (1.0 hour) |
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7 |
Chapter 7:
Negligence: Defenses: comparative negligence (pure v. restricted) (1.0
hour), contributory negligence (objective standard) (.5 hour); last clear
chance, elements of assumption of the risk (subjective standard) (1.0 hour);
statutes of limitation (.5 hour) |
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8 |
Chapter 8:
Negligence: Damages: compensatory (1.0 hour); punitive (.50 hour);
mitigation (.50); joint tortfeasors (1.0 hour) |
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9 |
Chapter 9: Vicarious
liability: employer-employee (1.0 hour); torts against and within the family:
loss of consortium (.50 hour); family purpose doctrine (.50 hour); respondeat
superior (.50 hour); imputed negligence (.50 hour) |
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10 |
Chapter 10:
Premises Liability and Nuisance: duties of landowner (.50 hour);
trespasser, licensee, invitee (1.0 hour); landlord/tenant (.50 hour); private
nuisance (.25 hour); public nuisance (.25 hour); defenses (.50 hour) |
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11 |
Chapter 11:
Strict Liability: categories of harm when fault of defendant is
irrelevant (.50 hour); abnormally dangerous activities (1.0 hour), wild
animals (1.0 hour); defenses (.50 hour) |
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12 |
Chapter 12:
Product Liability: Negligence: manufacturer, retailer, defenses (1.0
hour); warranty (express and implied) (1.0 hour); design defects (1.0 hour) |
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13 |
Chapter 13:
Professional Liability: medical malpractice, informed consent, damage
caps (1.0 hour); legal malpractice, paralegal’s liability (1.0 hour);
misrepresentation, other torts (1.0 hour) |
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14 |
Workers'
Compensation: background; Tennessee's statutes (1.5 hours) filing claims,
eligibility and determinations (1.5 hours) |
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15 |
Final Examination |
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II. Course Objectives*: |
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A. |
Understand and be able to
apply basic principles of tort and compensation law when assisting attorney
with civil litigation. I, II, III, IV, V |
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B. |
Understand the role of the paralegal
in tort and compensation litigation. I, II, III, IV, V |
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C. |
Prepare basic documents
used in tort and compensation cases. I, II, III, IV, V |
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D. |
Continue developing a legal
vocabulary. I, II, IV |
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*Roman numerals after
course objectives reference goals of the Paralegal Studies program. |
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III. Instructional
Processes*: |
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Students will: |
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1. |
Practice elements of the work ethic such as professionalism, preparedness,
punctuality, honesty, cooperation, dependability, contribution,
effectiveness, good manners, etc. Active Learning Strategy, Transitional
Strategy |
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2. |
Refine their reading skills and expand their legal vocabularies through
completion of weekly guided reading exercises that allows them to communicate
more effectively with lawyers and legal professionals. Communication
Outcome, Active Learning Strategy, Transitional Outcome |
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3. |
Strengthen their
analytical skills by locating court cases and statutes in the |
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4. |
Examine ethical issues related to legal representation,
unauthorized practice of law, confidentiality, duty of legal professional to
provide legal services, etc. Communication Outcome, Transitional Strategy,
Active Learning Strategy |
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5 |
Listen to guest speakers from the legal community to learn the
demands for legal assistants who possess basic knowledge of legal topics in
the work world. Transitional Strategy |
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6 |
Develop investigative skills using the Internet, library, and
governmental agency resources to find relevant information. Technological
Literacy Outcome, Transitional Strategy, Active Learning Strategy |
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*Strategies and outcomes
listed after instructional processes reference TBR’s goals for strengthening
general education knowledge and skills, connecting coursework to experiences
beyond the classroom, and encouraging students to take active and responsible
roles in the educational process. |
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IV. Expectations for
Student Performance*: |
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Upon successful completion
of this course, the student should be able to: |
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1. |
Demonstrate a complete and thorough
understanding of legal ethics. A,B,C |
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2. |
Analyze fact patterns to
ascertain "cause in fact" and "proximate cause."
A,D |
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3. |
Identify and compute
damages which may be recovered. A,B,C,D |
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4. |
Distinguish between
intentional, reckless, and negligent conduct. A,D |
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5. |
Identify and understand the
elements of intentional torts. A,D |
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6. |
Analyze application of
negligence defenses. A,D |
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7. |
Recognize required elements
of claims for compensation for on-the-job injuries. A,B,C,D |
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8. |
Understand the basic
principles of product liability law. A,D |
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*Letters after performance expectations
reference the course objectives listed above. |
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V. Evaluation: |
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A. Testing
Procedures: |
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Students are evaluated
primarily on the basis of tests. The instructor will provide full
details the first week of class via a syllabus supplement. |
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B. Laboratory
Expectations: |
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N/A |
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C. Field Work: |
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Students will complete
several out-of-class skills projects. These may include: |
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D. Other Evaluation
Methods: |
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1. All tests and papers will be graded for
spelling and English usage in addition to content and format. 2. Students are partially evaluated on the
basis of in-class projects requiring use of the stated skills. Class
participation is important and will be considered in the final grade. 3. Any student encountering academic
difficulty during the term is strongly encouraged to meet with the instructor
to discuss options and solutions. |
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E. Grading Scale: |
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A 93-100 |
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VI. Policies: |
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A. Attendance Policy: |
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B. Academic Dishonesty: |
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Plagiarism, cheating and
other forms of academic dishonesty are prohibited. A student guilty of
academic misconduct, either directly or indirectly through participation or
assistance, is immediately responsible to the instructor of the class. In
addition to other possible disciplinary sanctions that may be imposed through
the regular Pellissippi State procedures as a result of academic misconduct,
the instructor has the authority to assign an F or a zero for the exercise or
examination or to assign an F in the course. (Pellissippi State
Online Catalog) |
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C. Accommodations for
disabilities: |
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Students who
need accommodations because of a disability, have emergency medical information
to share, or need special arrangements in case the building must be evacuated
should inform the instructor immediately, privately after class or in her or
his office. Students must present a current accommodation plan from a staff
member in Services for Students with Disabilities (SSWD) in order to receive
accommodations in this course. Services for Students with Disabilities may be
contacted by going to Goins 134 or 126 or by phone: 694-6751(Voice/TTY) or
539-7153. More information is available at www.pstcc.edu/departments/swd/. |
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D. Other Policies: |
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Computer Usage
Guidelines:
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