Advanced Paralegal Course Personal Injury and Torts

45 hours

 

 

Description

Tort law is in the arena of law that is primarily responsible for trying to make citizens whole after they have been injured by the wrongs (torts) of others. Lawsuits concerning torts are numerous and there are many opportunities for paralegals specializing in this field. The Personal Injury/Torts course introduces students to tort law by discussing the scope, definitions, elements, and purpose of torts. It also discusses specific torts such as battery, assault, negligence, strict liability, and torts within and against family members. The text that accompanies this course provides an overview of the law of torts with a focus on the paralegal role in tort litigation. The case studies in this text offer insight into some of the current hot topic legal issues.  The Torts Paralegal course prepares students for entry-level positions within law firms dealing in torts.

 

Tuition includes textbook, Protrain's exclusive Study Guide and access to the Online Student Center. 12 month access.

 

Outline

            Objectives

a.         To define tort law and list its categories and purposes.

b.         To explain the role of foreseeability in tort law.

c.         To explain the difference between battery and assault.

d.         To define and explain strict liability.

e.         To identify the elements and defenses of negligence.

f.          To discuss the role of products liability in the media.

g.         To define and identify torts against and within the family and torts connected to the land.

h.         To explain defamation and related terms.

i.          To discuss misrepresentation, tortious interference, and tort defenses.

j.          To define workers' compensation and identify covered diseases and injuries.

 

Lesson 1: Torts 1

Textbook: Essentials of Torts, second edition, by William P. Statsky, West Legal Studies (Delmar, Thomson Learning), 2001, ISBN: 0-7668-1157-3

A.         Chapter 1

            Introduces students to torts; discusses purposes, elements, and categories of torts; introduces causation.

 

B.         Chapter 2

            Discusses foreseeability in tort law; explains foreseeability spectrum and the objective standard; phrasing the foreseeability; foreseeability determining "formula;" reviews steps to determine foreseeability.

 

C.         Chapter 3

            Discusses act, person, intent, harmful or offensive contact, consent and privilege.

 

D.         Chapter 4

            Introduces students to the tort of assault; discusses the role of act and apprehension, and assault and civil rights.

 

Examination

 

Lesson 2: Torts 2

Textbook: Essentials of Torts, second edition, by William P. Statsky, West Legal Studies (Delmar, Thomson Learning), 2001, ISBN: 0-7668-1157-3

 

A.         Chapter 5

Discusses false imprisonment and false arrest.

 

B.         Chapter 6

Discusses misuses of legal proceedings, such as malicious prosecution and criminal proceedings.

 

C.         Chapter 7

Explains the infliction of emotional distress, such as pain and suffering; explains the conditions under which the plaintiff can sue for emotional distress.

 

D.         Chapter 8

            Discusses the tort of conversion, also called trespass to chattels; explains the damages the plaintiff may receive under this tort and when interference is serious enough for conversion.

 

Examination

 

Lesson 3: Torts 3

Textbook: Essentials of Torts, second edition, by William P. Statsky, West Legal Studies (Delmar, Thomson Learning), 2001, ISBN: 0-7668-1157-3

 

A.         Chapter 9

Defines strict liability and gives the three main categories; discusses strict liability for abnormally dangerous conditions or activities; explains defenses for strict liability.

 

B.         Chapter 10

            Introduces students to negligence; explains negligence and breach of duty and negligence and insurance.

 

C.         Chapter 11

            Discusses duty, the first element of negligence; discusses protection for the good Samaritan.

 

 

D.         Chapter 12

            Discusses breach of duty, the second element of negligence; explains the importance of reasonableness and unreasonableness.

 

Examination

 

Lesson 4: Torts 4

Textbook: Essentials of Torts, second edition, by William P. Statsky, West Legal Studies (Delmar, Thomson Learning), 2001, ISBN: 0-7668-1157-3

 

A.         Chapter 13

            Discusses the third element of negligence, proximate cause; explains cause in fact and weight of evidence.

 

B.         Chapter 14

            Discusses the fourth element of negligence, damages; explains the difference between compensatory, nominal, and punitive damages; defines joint tortfeasor.

 

C.         Chapter 15

            Covers defenses to negligence, including comparative negligence, contributory negligence, last clear chance, and assumption of the risk.

 

D.         Chapter 16

            Discusses products liability and product liability in the media; explains the categories of defects; explains the role of warranty, misrepresentation, and express warranty in products liability.

 

Examination

 

Lesson 5: Torts 5

Textbook: Essentials of Torts, second edition, by William P. Statsky, West Legal Studies (Delmar, Thomson Learning), 2001, ISBN: 0-7668-1157-3

 

A.         Chapter 17

            Discusses survival and wrongful death; explains survival of torts unrelated to death.

 

B.         Chapter 18

            Covers torts within and against the family; identifies and explains torts derived from other torts, prenatal injuries, wrongful life, birth, pregnancy,   and wrongful adoption.

 

C.         Chapter 19

            Introduces students to torts connected with land, including trespass to land, nuisance, and traditional negligence liability.

 

 

D.         Chapter 20

            Covers defamation; defines and explains the defamatory statement, extrinsic facts, falsity of the statement, of and concerning the plaintiff, publication, republication, and cyberspace defamation; also discusses damages, privilege, SLAPP suits, and "veggie libel."

 

Examination

 

Lesson 6: Torts 6

Textbook: Essentials of Torts, second edition, by William P. Statsky, West Legal Studies (Delmar, Thomson Learning), 2001, ISBN: 0-7668-1157-3

 

A.         Chapter 21

            Covers invasion of privacy and its four related torts: intrusion, appropriation, public disclosure of private fact, and false light.

 

B.         Chapter 22       

            Discusses misrepresentation and tortious interference; discusses interference

with contract relations; interference with prospective advantage; and tortious interference with employment; also covers disparagement.

 

C.         Chapter 23

            Discusses additional tort defenses, such as consent in tort law, self-help            privileges, sovereign immunity and official, charitable, and intrafamily tort immunity.

 

D.         Chapter 24

            Covers workers' compensation, including its statutes and covered injuries and diseases.

 

Examination

 

 

Computer Requirements

Students will need to have access to an IBM compatible PC with the following minimum requirements to complete BCI's Allied Health programs:

• Pentium 100 or higher processor
• Microsoft Windows® 98, Windows® 98 Second Edition, Windows®
   Millennium Edition, Windows® NT 4 with Service Pack 6 or later or
   Windows® 2000 Professional or later operating system
• 24MB RAM (Windows® 98/Windows® 98 Second Edition);
• 32MB RAM (Windows®/Me/Windows® NT 4.0);
• 64MB RAM (Windows® 2000 Professional)
• Plus an additional 8MB for each application running simultaneously
• 100MB available hard disk space minimum
• 2x CD-ROM drive or higher
• 16-Bit Sound card or higher
• Standard USB port
• Speakers connected to your sound card
• Microsoft® mouse or other compatible pointing device
• Printer
• Audio Cassette Player (Allied Health Courses)

Protrain Online Student Center Technology Requirements

In addition to the above requirements, we recommend the following computer equipment for use with our Online Student Center:

• Pentium-II Class or higher processor
• 56.6 Kbps Modem or faster
• 64 MB RAM or greater
• 50-100 MB free hard disk space
• Microsoft Internet Explorer 5.0+, Netscape Navigator 6.0+ or equivalent, or America Online 7.0+
• An active account with an Internet Service Provider (ISP)

 

 

 

Course Materials

 

Textbook: Essentials of Torts, 2nd Edition, 2001,
by William P. Statsky. Paperback edition.

 

We offer free registration in our Online Student Center to all active Protrain students, so you can select the course delivery method that best fits your educational preferences and your learning style.

Delivering courses electronically allows you maximum flexibility when accessing and completing your career program. You can choose to read lessons on-screen, download the study guide for later use, or print out your own hard copy immediately. In the Online Student Center, courses can be completed on the computer using our own Protrain course management system. You receive all the program materials by mail upon enrollment, then log into the Online Student Center with a username and password. Once logged on, you can access your study guides, take exams, and contact your instructors and fellow students.

Our study guides are set up in an easy-to-use PDF format, which allow graphically sophisticated screen displays to be viewed in large format. In addition, you have resources such as online testing with instantaneous results; access to student records, payment history and grade history; chat and discussion boards; online student support; and web resources.