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 the resulting 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 intentional torts, negligence, liability without fault, injury to the person, damage to tangible property, and harm to intangible 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 273-289 Louisiana Civil Code (West Publishing) Note: Parallel text discussions with Louisiana law and include practical application of the law. Preparation of forms or legal documents and/or correspondence relative to the areas of discussion provide a working knowledge of the field of study.

Instructor name: ________________________________________________________ Hours available for students: ______________________________________________ Office phone: _________________________________________________________ Office address: ________________________________________________________

Curriculum Description Specific Objectives of the Paralegal Programs Paralegal Program Program Skills the Teacher Needs to Teach Course Syllabus Course Description and Objectives Course Outlines Curriculum Description The paralegal profession has had the highest growth rate of any profession in the United States through the 1990's. There has been a large influx of students into paralegal studies resulting in a very competitive local market in which applicants with the most convincing and respected credentials find jobs. These courses will be provided to fill a diversity of needs: an experienced legal secretary may want to upgrade his/ her education to be consistent with his or her present employment; a student with an acceptable accomplished educational history may want to learn additional marketable skills; a college graduate without 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 with the schools personnel which will meet the highest ethical standards. To offer paralegal educational programs designed to prepare graduates for their chosen career. To develop, to the extent of economic viability, new methods and programs to meet the needs of a changing 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 188,000 jobs in 2000. Private law firms employ the vast majority, followed by corporations and various levels of government agencies. The paralegal curriculum is designed to meet the needs of this segment of the employing population by providing the student with an overall training in the legal field. 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 Clinic are 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

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 their professional practices. Should there be a reasonable expectation that a class will run overtime due to an instructors late arrival, any student who must leave at the originally scheduled ending time should speak to the instructor before class or during the break. Any and all Students leaving before the originally scheduled ending time 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 the contents of this course to actual job situations. Seminars are designed to provide basic information and ideas in a 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 are designated as make-up days. The teachers may vary the class meeting time as long as the required hours are met in each course; this is done so that the school can hire working professionals. One and a half semester credit hours 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 "regular and punctual class attendance." Students are expected to attend every meeting of every class. The student has the responsibility of attending all scheduled classes. The teacher records student attendance during each class session. A student is recorded as absent for being more than a specified number of minutes late for a class and/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

must leave early, it is the students responsibility to inform the teacher at that class session. Students are responsible for obtaining instruction and information missed during absences. All teachers certify attendance records and are responsible for correct and accurate reporting of attendance and class hours. Class time missed must be made up. The college administration relies on attendance records submitted by the teachers, and hold the teachers responsible for incorrect attendance records. Teacher must check 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 to contact 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 excessive absences 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 6 Semester Credit Hours 9 Semester Credit Hours and Up 12 Semester Credit Hours and Up 2 Absences allowed per semester 4 Absences allowed per semester 6 Absences allowed per semester 8 Absences allowed per semester 3 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. 5 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. 7 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. 9 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled

Internship hours are kept by the supervising attorney. The interning student is required to notify the supervising attorney immediately if an absence will occur from an internship. The student must also record the absence on the daily internship time sheet. Absences should occur only in extreme emergencies. The student must make up any regularly scheduled time missed. Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from their professional practices. Should there be a reasonable expectation that a class will run overtime due to a teachers late arrival, any student who must leave at the originally scheduled ending time should speak to the teacher 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 is dismissed 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 teacher improve. Class Participation: Participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc. Tests:

Take all in-class test. Take the final examination given by the teacher. The school will provide an administrative exam to be given at the end of each course. Make-up exams will be at the discretion of the instructor. GRADES: Grading Scale: 90 - 100 = A 89 - 80 = B 79 - 70 = C 69 - 60 = D 59 - 60 = F Final Grade Computation Example: The following is an example of final grade computation. The instructor may, at his or her discretion, adjust the percentages. Example: 40% = Final Exam 10% = Attitude & Attendance 35% = Midterm Exam 15% = Homework/Workbook Satisfactory Progress Policy: The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, half-time or self-paced basis and applies to all programs of study. Students are considered making Satisfactory Progress in the program of study as long as they are eligible to continue in attendance in accordance with the following provisions. 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 a class, the student will be enrolled in that course for the entire term of the course. Should a student withdraw from a course before the midterm, the student will receive a "W" for that course. The "W" will remain on the students permanent record. Should a student withdraw from a course after the midterm, a grade of WF will be 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 or the President, after consultation with the instructor. The work required to complete the course must be completed 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 the student's cumulative grade point average (GPA). The first grade will not be averaged into the GPA; however, no grades will be deleted from the student's transcript. The second grade will be shown as a repeat on the student's transcript. All courses must be repeated prior to graduation dates.

Failing a Course: A student who receives a grade of "F" in any course must repeat the course or complete another course in the rotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new course will be averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript. A minimum 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 the Administration. The students graduation date will be extended under these circumstances. Non-credit remedial courses 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 classes missed must be made up during the current block of classes. If the student has any doubts as to whether or not class will be held, the teacher should be contacted, not the college! If a teacher does contact the college with notice of such a postponement, an e-mail will immediately be sent out to all students; therefore student e-mails should 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 a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illness or death of a family member or close friend. The student must contact the teacher about taking a make-up within 3 calendar days of the missed assignment. The teacher may require written documentation of the circumstances an d reserves the right to investigate the truth of the claim or deny the student the right to take a make-up. Make-up work is totally at the discretion of the instructor. Academic Honesty: The school places a high premium on academic honesty. The students may certainly study together, exchange notes, consult books in the library, etc. When students enter the classroom to take a quiz or test, they must place all notes and books out of sight. The students must avoid even the appearance of impropriety. The teacher may ask the student to certify honesty by writing on each quiz or test paper that "I have neither given nor received aid 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 to take 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 and information 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 student needs to get notes, find out about announcements, etc.

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 and announcements. 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, preparing questionnaires, using and drafting forms, drafting petitions, drafting discovery, etc.) guest speakers, and group projects. Class participation is required. Teacher Evaluation: Teacher/Staff evaluations are completed by each student. These evaluations are used to help the teacher and the school 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 from bringing 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.

Time Allotment: Each topic should receive equal time. If the attorney instructor thinks that students need additional time for a topic 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. Negligence A. Duty B. Breach of Duty C. Causation D. Damages IV. Intentional Torts A. Assault B. Battery C. False Imprisonment D. Infliction of Emotional Distress E. Malicious Prosecution and Abuse of Process F. Invasion of Privacy G. Defamation: Libel and Slander H. Trespass to Land I. Toxic Tort Actions J. Trespass to Chattels K. Conversion L. 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 Paralegal Role in Tort Law Tort Law in Louisiana General Nature of Tort Law Public Policy Objectives in Tort Law Chapter 9, pages 268-273

II. NEGLIGENCE Scope of Duty and Standards of Reasonable Care Causation of Injury Proximate Cause Damages Proving Negligence Negligent Infliction of Emotional Distress

Chapter 9, pages 299-305;310-312

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) ______________________________________ Distinguish between an intentional tort and negligence.

3.

4. 5.

True or False. Tort law is derived strictly from statutory enactments. A valuable research tool in the field of tort law is __________________________ _________________________ and ____________________________________ which summarize the legal principles discussed in common-law decisions. Briefly list the underlying principles of tort law.

6.

NEGLIGENCE: 1. Define negligence.

2.

List the five (5) elements of negligence. (1) ___________________________ (2) ___________________________ (3) ___________________________ (4) ___________________________ (5) ___________________________ True or False. All individuals are held to the same degree or standard of care.

3.

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 an individual.

7. True or False. Special allowances are made for those defendants who are emotionally unstable or who are of substandard intelligence. 8. True or False. Children are not held to the same standard of care as an adult in any instance. 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 _______________________________________________. True or False. If tortfeasors A, B, and C are jointly and severally liable for a $25,000 judgment and the plaintiff recovers $25,000 from A, plaintiff may also recover the same amount from the other defendants B and C. Define reasonable person.

12.

13.

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 this doctrine 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 with these 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 Battery False Imprisonment Infliction of Emotional Distress Fraud and Misrepresentation Malicious Prosecution and Abuse of Process Invasion of Privacy Defamation: Libel and Slander Trespass to Land Toxic Tort Actions Trespass to Chattel Conversion Slander of Title, Commercial Disparagement, and Defamation by Computer QUESTION LIST: Review these questions during class. INTENTIONAL TORTS: 1. 2. All intentional torts include two elements:_______________________________. 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. 9. 10.

Briefly describe malicious prosecution. Differentiate between malicious prosecution and abuse of process. 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 statements must appear in print in a newspaper, magazine, etc. True or False. A defense to the tort of trespass to land is that contact with the plaintiff's land was the result of a reasonable mistake. ________________________________ is committed by the intentional interference of the plaintiff's use or possession of personal property. Distinguish between conversion and trespass to chattels. _____________________ is an absolute defense in defamation cases. True or False. Chattel is another term for real property. __________________________ results when a tortfeasor makes false statements about an individuals ownership of property. How does slander of title differ from defamation by slander?

13.

14.

15. 16. 17. 18.

19.

20.

Define defamation by computer.

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FINAL EXAMINATION (last day/last hours of course)

Date of Final: / /

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