Description:

Upon successful completion of this course, the student should be able to explain the major principles of tort law and personal injury litigation. The student should be able to discuss and compare the elements of negligence torts, intentional torts and strict liability torts, as well as the types of damages available and defenses to each of these torts. 3 hrs. lecture/wk.

Supplies: Refer to the instructor’s course syllabus for details about any supplies that may be required.

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Identify the three categories of torts and explain the primary differences among them.
2. Define the elements required to state prima facie cases for all negligence torts, intentional torts, and strict liability causes of action.
3. Explain the possible defenses to negligence and intentional tort claims.
4. Identify Kansas case law and statutes which are relevant to Kansas tort law.
5. Identify Federal case law and statutes which are relevant to tort law.
6. Analyze hypothetical facts to determine the existence of a prima facie case and identify which specific cause of action in tort is supported by the facts.
7. Analyze hypothetical facts to identify possible defendants against whom tort actions could be filed.
8. Draft complaints which allege causes of action in negligence, strict liability, and intentional torts.
9. Explain the public policy objectives inherent in tort law.
10. Explain the history and current status of tort reform legislation.
11. Identify the types and amounts of damages which may be awarded in specific tort claims.
12. Use and evaluate software to manage tort cases and to evaluate damage amounts.

Content Outline & Competencies:

I. Introduction to Tort Law
   A. Major types of personal injury tort litigation
      1. Routine personal injury
      2. High damages personal injury
         a. Product liability
         b. Medical malpractice
         c. Business torts
      3. Mass latent injury
         a. Product liability
         b. Class actions
   B. Sources of tort law
      1. Common law
      2. Statutory law
      3. Restatement of torts 
   C. Categories of torts
      1. Intentional torts
      2. Negligence
      3. Strict liability

II. Intentional Torts
    A. Torts against the person
       1. Emotional distress
       2. False imprisonment
       3. Abuse of process
       4. Malicious prosecution
       5. Defamation
       6. Invasion of privacy
       7. Assault
       8. Battery
       9. Misrepresentation
    B. Torts against property
       1. Trespass to land
       2. Nuisance
       3. Conversion
       4. Trespass to chattel
    C. Business torts
       1. Injurious falsehood
       2. Interference

III. Negligence
     A. Duty and foreseeability
     B. Breach of duty
     C. Proximate cause
     D. Damages
     E. Remedies
     F. Wrongful death
     G. Consortium claims
     H. Defenses

IV. Strict Liability
    A. Workers compensation claims
    B. Dangerous activity
  
V.  Products Liability
    A. Negligence
    B. Warranty
    C. Strict liability
    D. Defenses

VI. Tort Litigation
    A. Interviewing and investigation
    B. Obtaining and reviewing medical records
    C. Estimating damages
    D. Case management
    E. Document control
    F. Assisting at trial
    G. Settlement

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

Tests / exams            50%
Projects / assignments   50%
  Total:                100%

Caveats: NONE

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.