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To 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. Now read articles about the various areas of tort law.

Sometimes, 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?

Look 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.

The Idea Of Torts: Yesterday, Today, and Tomorrow
Tort law has changed over time and evolved into the body of law that it is today.

Read an in-depth article on the Cigarette Law. How has common law developed in tobacco cases since the 1950s? What forces change common law?

Types Of Torts
Visit findlaw.com to review the different types of torts.
                        

Taking 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. Simpson case.

The 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.

Read the 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?

Read 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?

Read about the basic requirements for a class action suit. Review some of the big class action suits that are being organized now. Review the definition of a contingency fee.
                          

Insurance
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.

Take 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.
                       

Types Of Damages
Read an overview of tort damages.

Explain the difference between compensatory and punitive damages. What other types of damages are there?

Torts That Injure Persons
Take a moment to review the various types of tort injuries. Read about the definitions of battery and assault.

Learn 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 justice system.

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?

Torts That Harm Property
Read statistics on tort cases involving harm to property.

Read two thorough definitions of the tort of trespass or "trespassing".

Beware of dangers to children: attractive nuisances. What are some examples of attractive nuisances? What should you do if you have an attractive nuisance on your property?

Intellectual property can be a complicated area of law. Look at the definitions for patents, 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?
                        

Defenses To Intentional Torts
What 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?

Read 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?
                          

Click here to learn more about negligence (text, pp. 238-239).

Elements of Negligence
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.
                       

Duty and Breach
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 person standard.
                       

Causation
The next step in proving a tort of negligence is to show causation.
                       

Damages
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 about actual damages. What are some examples of actual damages?
                       

Defenses To Negligence Suits
Damages 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?

Read 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?

As 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.
                       

Dangerous Activities
Strict 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!)?

Find 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?
                       

Animals
Owning 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?
                       

Defective Products
Read a thorough explanation of product liability law. How did product liability law evolve over time?

Strict 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.
                       

Defenses 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?"
                       

Tort Reform
Read a variety of articles about tort reform issues and arguments on all sides. What tort reforms do you support and why?

Look 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 debated.
                       

The Cost Of Safety
Read 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 worth paying?

Look 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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