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get a brief
overview of torts, browse through different types of tort
organizations and relevant body of law.
The Idea Of Liability
Read a definition and overview of torts.
articles about the various areas of tort law.
it seems that people
receive settlements from businesses even though the businesses
were not negligent. Some groups are fighting for a reform
of tort laws to avoid this problem. There are groups that
feel our tort system should be kept. Read about both
sides of this issue. What do you think of this?
at Legal Information Institute products
liability page to learn an overview about the topic. There is
also several sources of federal, state and key internet resources that
address products liability.
Idea Of Torts: Yesterday, Today, and Tomorrow
Tort law has changed
over time and evolved into the body of law that it is today.
an in-depth article on the Cigarette
Law. How has common law developed in tobacco cases since
the 1950s? What forces change common law?
Visit findlaw.com to review the different types of torts.
Your Case To Court
Remember, tort is civil law, which is different
from criminal law. Review how this difference played out
in the O.J.
text explains that people often sue those with the most money in a tort
case. Read a report from President Bush's administration on the economic
impact of our tort system. Now read a series of articles that provide facts supporting the current tort system.
Federal Tort Claims Act (text page 206). Read
an article about the federal
government being sued under this act. What are the major
components of this act? Why was it created?
the case of Jones v. Clinton in short
form or in full
text and read a transcript of the oral
arguments (text, p. 207). Do you agree with this decision?
Why or why not?
about the basic requirements for a class
action suit. Review some of the big class action suits that
organized now. Review the definition of a contingency
Go to the Insurance
Information Institute to read about insurance and the most
current insurance issues. Read a series of articles about different
types of insurance.
the mystery out of personal injury claims. If you are injured
how can you collect from your insurance company? How do you prove what
happened? What if you were partially at fault? How do insurance companies
decide how much they'll pay?
Go over the basics of auto
insurance. What are the different types of coverage? What
type of coverage would you get if you had a car?
Read about workers'
compensation at the Legal Information Institute. How does workers' compensation work?
The Legal Information Institute has compiled a summary of workers'
compensation law materials. What federal statutes are there
for workers' compensation?
Go to State
Workers Compensation Administrators in the U. S. and
learn about your state's workers' compensation plan. How would you change
your state's plan or why do you think it should stay the way it is? Do
you see commercials on television or other advertising by lawyers offering
to help you collect money under a tort claim? Read an article about lawyers
that use advertising
to recruit clients.
of tort damages.
the difference between compensatory and punitive damages. What other types
of damages are there?
That Injure Persons
a moment to review the various types
of tort injuries. Read about the definitions of battery
about the recovery
of damages for emotional distress in Massachusetts. What types of actions can lead to claims of intentional infliction of emotional distress?
Scroll down and read about the tort of false
imprisonment. Read the ACLU's position on collecting damages
for false imprisonment in the criminal
What are the basic
elements of defamation law? What is the difference between
libel and slander? What makes something defamation and what are the defenses
to defamation claims? Read the case of an individual hurt by a defamatory
website. What do you think of the decision in this case?
That Harm Property
on tort cases involving harm to property.
two thorough definitions of the tort
of trespass or "trespassing".
to children: attractive nuisances. What are some examples
of attractive nuisances? What should you do if you have an attractive
nuisance on your property?
property can be a complicated area of law. Look at the definitions for
trademarks, and copyrights. How are they different?
What are patents?
How are they enforced?
Get an overview of copyright
law. What happens when a copyright is infringed? When can
you use copyrighted material without permission?
Read a brief history and overview of the U.S.
Copyright Office. Scroll down to the historical overview.
How does this office protect intellectual property?
To Intentional Torts
are some of the affirmative
defenses to tort claims? What can you do to protect yourself
and your property without being held liable for committing a tort?
the case of Stephen
Fennell, who allegedly set fire to a barn. Although this
describes his criminal trial, think about how the facts and defenses would
be the same or different in a civil trial. Do you think he is criminally
responsble? Civilly liable?
here to learn more about negligence
(text, pp. 238-239).
To prove a tort of negligence, you must show there was a duty, the duty
was breached, causation, and damages. Learn about teachers' duties to protect and provide care.
Read a complaint for a passenger
who died when the Titanic sank and note how each element
is separately explained by the plaintiff.
The first steps towards proving a tort of negligence is to prove that
there was a duty
and the duty
had been breached. Somebody has breached a duty when that
person has acted in an unreasonable
manner, or differently than a reasonable person would have
acted in the same situation. The is called the reasonable
The next step in proving a tort of negligence is to show
To prove damages,
the plaintiff must show that he or she was harmed in some way. After proving
all of the elements, money may not be the only reward or change that a
plaintiff receives. Read a report
about how tort lawsuits are changing policies. Learn more
damages. What are some examples of actual damages?
To Negligence Suits
awarded for a negligence claim may be reduced if there existed contributory negligence or comparative negligence.
What is assumption
of the risk? Make a list of situations in which people assume
risk. What risks have you assumed?
about some of the major tobacco
lawsuits and information going on around the world. Read
an editorial opposing
tobacco lawsuits. Does this change your opinion?
a defense to tort claims, many businesses may have you sign a release
waiver promising not to sue them for damages if injury does
occur. Read a release waiver for someone about to play paintball.
liability applies to unreasonably dangerous activities. What
if you live near a place where dangerous
fluids are stored? What if you are injured opening a bottle
of soda (this doesn't seem to be a dangerous activity!)?
out about toxic
torts. List some examples of toxic torts. What are some other
examples of dangerous activities that should be covered by strict liability?
an animal may place the owner
at risk for liability. Is there a dog
bite statute in your area? How does this apply to wild
animals? How does this apply to animals at the zoo?
Read about how one community deals with inherently dangerous animals. What is prohibited? How would these requirements affect a lawsuit brought by someone who was injured by an inherently dangerous animal?
Read a thorough explanation of product
liability law. How did product liability law evolve over
liability is often applied to defective
products. Read about the defective products that have recently
made the news.
Now check out a more in-depth government page about product safety.
to Strict Liability
Scroll through a review of strict liability as it relates to products,
and read closely the information
on defenses. Why do you think it is so difficult to defend
a strict liability case? Do you agree with strict liability?"
a variety of articles about tort
reform issues and arguments on all sides. What tort
reforms do you support and why?
at the tort reform debate within the state
of Ohio. Now review the effort to reform
medical torts in particular. Medical tort reform is a topic
that is still hotly
Cost Of Safety
about some of the safety issues that concern the National
Highway Traffic Safety Administration. What are the costs
of dealing with these problems? Who should bear those costs? Is the price
at the whitehouse
report on the cost of the tort system. Now review a government
opinion on the Economic
Benefits of Tort Reform.
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Last Modified: February 28, 2001