John F.

Kennedy SCHOOL OF LAW

at NATIONAL UNIVERSITY

TORTS
LAW-112A
3 Units

Course Description:

Tort law covers that area of civil law that provides legal remedies for personal injuries and
property damage caused by others. Tort law virtually always involves money. Beneath the
demand for money is often a desire for respect, accountability, or vindication. Tort cases often
involve struggles between profits and safety. Too often, tort cases turn injury and loss into
commodified products marketed in the legal system. Tort law says a lot about how society treats
each other, how we expect to be treated, who recovers, and who does not. It does not treat all of
us the same.

School of Law PROGRAM Learning Outcomes:

This course seeks to contribute to many, but not necessarily all, of the Program Learning
Outcomes adopted by the School of Law below.

1. LEGAL DOCTRINE. Examine principles of fundamental legal doctrine in substantive and

procedural law.
2. LEGAL ANALYSIS AND REASONING. Conduct analysis of complex legal problems.
3. LEGAL RESEARCH AND FACTUAL INVESTIGATION. Create a research plan based on
presented issues and applicable legal doctrine.
4. ORAL AND WRITTEN COMMUNICATIONS. Construct legal communication, both
written and oral, for various audiences within the legal system.
5. ETHICS. Apply established standards of professional conduct in the law.
TORTS Course Learning Outcomes:

By the end of the course, students will:

1. Demonstrate a solid foundation in the fundamental doctrine of tort law. This

foundation needs to be of adequate breadth and depth to give a good working knowledge
of the general principles and topics that arise in the field of torts. This is valuable as a
practicing attorney and in preparation for the Bar Exam.
2. Explain the underlying policies and values that influence the development of tort law.
What should be the societal response to those injured or harmed by the acts of others?
Who should bear the loss of injury and harm? What type and amount of compensation is
fair? Does tort law, with its threat of legal responsibility, deter unsafe practices? Should
no-fault systems (as in Workers’ Compensation plans) apply to all injuries? When we
analyze these court opinions and legal doctrines, we should also ask ourselves what the
best result for the parties and our society would be or if different remedies would be a
better response. As legal professionals, we need to have an accurate and thorough
understanding of the current law, but we also need to have a vision of how the law
should and can evolve for the betterment of society, however we may envision such
progress.
3. Demonstrate the analytical skills necessary to accurately understand and analyze
court opinions and to apply doctrine to new scenarios. Reading court opinions is
difficult work. Learning to analyze court opinions is one of the fundamental skills required
of legal professionals. Although it is often difficult, students need to struggle through the
actual court opinions and read them over and over until they develop strong analytical skills
that will serve them in coursework and in the practice of law. Understanding how legal
principles have been applied in court opinions helps us apply such principles to new
settings. In this manner, we learn to evaluate the strengths and weaknesses of cases that
will present themselves to us through our clients. Learning to become adept at identifying
the issues and holdings in court opinions, among other talents, will serve you well for
your entire career and will identify you as a capable attorney.
4. Assess alternatives to the litigation approach that has been adopted by the parties
in the court opinions. Would a non-adversarial approach to the conflict promote a better
result for both parties? Why or why not? What remedies could the parties seek outside of
the court system, in private mediation or in settlement negotiations?
5. Develop an analytical approach to answering exam questions that will be helpful when
sitting for the Bar Examination. Although we will not conduct the class like a bar review
course, we may talk about the material in an analytical manner that can be used in essay
exam writing. Identifying the concise issue to be addressed, knowing the specific
applicable
 doctrine, and applying that doctrine to the facts of the case to make a reasoned prediction as
to the likely outcome of the issue are skills that are used in examinations and in virtually
every aspect of lawyering.

Course Resources

Required Texts:
Dobbs, Dan B., Paul T. Hayden, and Ellen M. Bublick. 2022. Torts and Compensation: Personal
Accountability and Social Responsibility for Injury. St. Paul, MN: West.

Diamond, John L., Lawrence C. Levine, and Anita Bernstein. 2018. Understanding Torts.
Durham, NC: Carolina Academic Press.

Torts & Compensation (the “Dobbs” casebook) is the main text for the course. It is a traditional
casebook that includes many excerpted court opinions and notes to guide you through the various
doctrinal topics in Tort law. Reading and thoroughly understanding court opinions helps us learn
the relevant law and build our ability to engage in legal analysis. Thoroughly understanding court
opinions and being able to engage in legal analysis are fundamental skills you must learn. Do not
shy or withdraw from this important work however challenging it may be. Being proficient in
these skills will serve you well your entire career. They are skills you must have to practice law in
a competent manner. It is not easy. It takes time. But these are essential skills for every legal
professional. This is why virtually every law school uses “casebooks” to study and learn the law
and legal analysis.

Casebook Plus is a supplemental resource from West Academic specifically keyed to your
casebook. This is a valuable addition to the materials in the casebook. CasePlus will provide
lectures, quizzes and other materials to assist you. Weekly quizzes are an integral part of the
required weekly assignments. Using multiple choice questions (with explanations of answers) is
an exceptionally worthwhile learning exercise. It requires you to know the legal doctrine and
apply it in a new factual scenario.

Sum & Substance audio lectures is another important resource from WestAcademic that is keyed
for this course. Presented by Professor Larry Levine, these lectures provide valuable overviews
and explanations of the tort doctrine we are studying.

Understanding Torts serves as an excellent introduction and overview of the major areas of tort
law. Although not used for written assignments, we highly recommend that you review the
relevant chapter and section in the Understanding Torts text before and after your readings in the
casebook to assist in your understanding of the doctrine and in the creation of your own ‘outline’
of the material. Relevant sections of the text are included in the course syllabus.

BarBri materials: All first-year law students will receive supplemental online materials from
BarBri, one of the premier bar examination preparation programs in the country. They also have
excellent resources for law students to assist you in your current studies. You may find their
material a helpful supplement to the casebook (Dobbs) and the Understanding Torts text
(Diamond).

NOTE: Reading summaries of the law or listening to lectures about the law can be very helpful
and are highly recommended, but you must practice the application of that law in different
exercises or activities. The multiple-choice questions assigned in Casebook Plus is one such place.
You will also be given assignments that require you to write answers to hypotheticals that
demonstrate your knowledge of the law and the correct application of that law to new factual
settings.

Additional Readings:

All students will be provided with excellent review materials from BAR/BRI, a well-regarded
bar exam preparation course, so please hold off on the purchase of other commercial outlines
until you have a chance to assess the benefit of using the BAR/BRI materials. And consider
that the BAR/BRI materials are meant as “review” materials. This means that they are most
helpful after some basic doctrine has been absorbed.

There is one resource, however, that we discourage you from using: so-called “canned briefs.”
These are commercially prepared summaries of the court opinions in your casebooks prepared
by someone else. Using such material robs you of the fundamental skill to read and
understand court opinions. This skill is as fundamental to lawyering as hammering a nail is
to carpentry. If there are ambiguities about the court opinions (and there will be), we’ll use
class time to work out the answers. Please don’t let me see any of these “canned briefs” in
class. And take more pride in your own study ability than to rely on such resources. Consult
with faculty, not canned briefs, if you are struggling to fully understand court opinions.
 TORTS

CLASS ASSIGNMENTS

Concept Week

1 Intentional Torts - Prima Facie Week 1 Studying Torts and The Intentional Tort of
Elements Battery
Week 2 The Intentional Torts of Battery, Assault, &
Transferred Intent
Week 3 Intentional Torts - False Imprisonment, Torts to
Property
Week 4 Intentional Torts - Intentional Infliction of
Emotional Distress
2 Intentional Torts - Privileges Week 5 Intentional Torts - Privileges

Week 6 Privileges to Intentional Torts: Arrest &

Detention, Shopkeeper’s Privilege, Discipline, Consent,
Public and Private Necessity
Week 7 Intentional Torts Review

3 Negligence Week 8 Negligence - Duty and the Standard of Care

Week 9 Negligence - Standards of Care Established by

Law: Negligence as a Matter of Law and Negligence Per
Se
Week 10 Negligence - Breach of Duty

Week 11 Negligence - Proving Breach; Res Ipsa

Loquitur; Actual Harm
Week 12 Factual Cause, the “But-For,” and Substantial-
Factor Tests
Week 13 Proximate Cause (Legal Cause): The Scope of
Risk or Scope of Liability
4 Review Week 14 Review Week
 TORTS WEEKLY SCHEDULE

All tasks for the week should be completed by Day 7 of the

week.

Week 1: Studying Torts and The Intentional Tort of Battery

Part 1: Studying Torts

Lectures:
Introduction to Study Skills
Briefing Cases
The Case Method
Video Clip: The Paper Chase

Part 2: The Intentional Tort of Battery

Readings:
Diamond: Ch.1.01; pp. 3 – 5; Ch. 1.02, pp. 8 -10
Dobbs: Ch. 1, pp. 3-17: (Van Camp, p.8; Anderson, p.11)
Ch. 1, pp. 16-17 (McDonald's Coffee Case)
Ch. 3, pp. 37-40:(McElhaney, p.38; Cohen, p.40)
Lectures:
The Intentional Tort of Battery
Sum and Substance Lectures: Intentional Torts; Battery
Recommended Readings:
Dobbs: Ch. 2, pp. 19-31: (Reading Cases and Trial Procedure)
Barbri 1L Mastery: Module 2
Written Assignments:
Case Brief Assignment: Statement of Holdings: Anderson, p.11; McElhaney, p.38;
Cohen, p.40
Discussion Question: McDonalds Case (pp. 16-17)
Quiz: Self Check

Week 2: The Intentional Torts of Battery, Assault, & Transferred Intent

Readings:
California Civil Code Section 1708.7
Diamond: Ch. 1.01, p. 6;
Ch. 1.02, pp. 8 - 10;
Ch. 1.03, pp. 11 - 14
Dobbs: Ch. 3, pp. 42 – 63 White, p.42; Garratt, p.46; Eichenwald, p.52; Baska, p.56;
Cullison, p.58 (omit Wagner)
Lectures:
The Intent Element; Intentional Tort of Battery
Sum and Substance Lectures: Assault; False Imprisonment
Class Session Video: Baska v. Scherzer
Recommended Readings:
Barbri 1L Mastery: Module2
Written Assignments:
Case Brief Assignment: White, p.42; Garratt, p.46; Eichenwald, p.52; Baska, p.56;
Cullison, p.58
Discussion Question: Parental Liability
Casebook Plus Questions

Week 3: Intentional Torts - False Imprisonment, Torts to Property

Readings:
Diamond: Ch. 1.04, pp. 15-19
Ch. 1.06 pp. 26-28
Dobbs: Ch. 3, pp.63-76 (McCann, p.63; Reif, p.72; Kuprewicz, p.76; omit Briggs)
Lecture:
Property Torts
Sum and Substance Lectures: Trespass to Land; Conversion
Recommended Reading: BarBri 1L Mastery: Module 3
Written Assignments:
Case Brief Assignment: McCann, p.63; Reif, p.72; Kuprewicz, p.76
CasebookPlus Hypotheticals
Week 3 Quiz: Torts to Property
CasebookPlus Questions

Week 4: Intentional Torts - Intentional Infliction of Emotional Distress

Readings:
Diamond: Ch. 1.05, pp. 20-25;
Ch. 2.02, pp 35-36
Dobbs: Ch. 19, pp. 637-647 (Chanko, p. 637, GTE, p. 639, Roth, p. 645)
Supplemental Readings: Feltmeier v. Feltmeier 798 N.E.2d 75-84 (2003)
Recommended Readings: BarBri 1L Mastery: Module 3
Lectures:
Case Analysis Video: GTE Southwest v. Bruce
Intentional Infliction of Emotional Distress; Civil Remedies in Domestic Violence
Essay Exam Writing
Sum and Substance Lecture: Civil Remedies in Domestic
Violence
Written Assignments:
Case Brief Assignment: Chanko, p.637; GTE, p.639; Roth, p.645
Exam Writing Assignment: Practice Outline of Essay Exam
Week 5: Intentional Torts - Privileges

Readings:
Diamond: Ch. 2.03, pp. 37
Ch. 2.04, pp. 38-41
Dobbs: Ch. 4, pp. 91-107 (Grimes, p.91; Katko, p.97; Brown, p.99; Gotarez, p.100)
Lecture:
Privileges in Intentional Torts
Sum and Substance Lectures: Defenses; Self-Defenses; Defense of Others; Defense of
Property
Case Analysis: Katko v. Briney
Case Analysis Video: Gortarez
Recommended Reading: Barbri 1L Mastery: Module 3
Written Assignments:
Case Briefs Assignment: Grimes, p.91, Katkop. 97, Brown, p. 99 Gotarez, p.100
Exam Writing Assignment: Writing an Answer to an Essay Question

Week 6: Privileges to Intentional Torts

Readings:
Diamond: Ch. 2.01, pp. 31-34; Ch. 2.05, pp. 41-42
Dobbs: pp.108-128 (Wulf, p.108; Robins, p.113; Hunt, p.115; Surocco, p.120; Vincent,
p.124; Ploof, p.124 (omit Kaplan)
Recommended Reading: Barbri 1L Mastery: Module 3
Lectures:
Sum and Substance Lectures: Shopkeeper's Privilege; Consent; Necessity
Written Assignments:
Case Brief Assignment: Wulf, p.108; Robins, p.113; Hunt, p.115; Surocco, p.120; Vincent,
p.124; Ploof, p.124
Exam Writing Assignment: Practice Outline of Essay Exam

Week 7: Intentional Torts Review

Week 7 Synchronous Session

Written Assignments:
Quiz: Battery and Assault
Intentional Tort Practice Essay Exam

Week 8: Negligence - Duty and the Standard of Care

Readings:
Diamond: Ch. 3, pp. 45-59
Dobbs: Ch. 5, pp. 131-152 (Stewart, p. 135, Posas, p.139, Creasy,
p.144, Stevens, p.149; omit Sheperd and Hill)
Recommended Reading: Barbri 1L Mastery: Module 4
Lectures:
Lecture: Duty and the Standard of Care
Sum and Substance Lectures: Negligence; Duty: General Duty Rule; Reasonable Person;
Child Standard
 Case Analysis Video: Stevens v. Veenstra
Written Assignments:
Case Brief Assignment: Stewart, p.135; Posas, p.139; Creasy, p 144; Stevens, p.149
Short Answer Quiz: The Golf Cart
CasebookPlus Questions

Week 9: Negligence - Standards of Care Established by Law

Readings:
Diamond: Ch.3.02, p. 46; Ch. 3.03, p. 47
Dobbs: Ch.5, pp.152-170 (Martin, p.152; O’Guin, p.157; (omit Smith) Goldstein,
p.164 (omit Getchell))
Recommended Reading: Barbri 1L Mastery: Module 4
Lecture:
Lecture: Negligence as a Matter of Law
Sum & Substance Lecture: Negligence Per Se
Case Analysis Interactivity: Martin v. Herzog
Written Assignments:
Case Brief Assignment: Statements of Issues Martin, p.152; O’Guin, p.157; (omit Smith)
Goldstein, p.164
Week 9 Quiz: Hypotheticals
CasebookPlus Questions

Week 10: Negligence - Breach of Duty

Readings:
Diamond: Ch. 4, pp. 61-69
Dobbs: Ch. 6, pp. 171-197 (Pipher, p.174; Limones, p178;
Carroll Towing, p.192 (omit Matthew, Stinnett and
Bernier)
Recommended Reading:
Barbri 1L Mastery: Module 5
Gilles, “U.S. v. Carroll Towing,” from Tort Stories
Lecture:
Sum & Substance Lecture: Breach
Synchronous Session: U.S. v. Carroll Towing
Written Assignments:
Case Brief Assignment: Pipher, p.174; Limones, p178; Carroll Towing, p.192
Breach Hypothetical Assignment
CasebookPlus Questions
Week 11: Negligence - Proving Breach; Res Ipsa Loquitur

Reading:
Diamond: Ch. 5.01, pp. 71-73;
Ch. 5.04, pp 74-80;
Ch. 6.01, pp. 81-87;
Ch. 10.01, pp. 137-167
Dobbs: Ch. 6, pp. 201-236 (Santiago, p.201; (omit Upchurch, Forsyth and
Renner); Walmart, p.215 (omit Duncan); T.J. Hooper, p.218; Miller,
p.221; Bryney, p.222 (omit Koch and Cosgrove); Giles, p.231 (omit
Collins))
Recommended Reading: Barbri 1L Mastery, Module 5
Lectures:
Sum & Substance Lecture: Proof
Case Analysis Interactivity: Byrne v. Boadle
Written Assignments:
Case Brief Assignment: Santiago, p.201; Walmart, p.215; T.J. Hooper,
p.218; Miller, p.221; Bryney, p.222; Giles, p.231
Week 11 Quiz
Hypothetical Activity: Res Ipsa Loquitur
CasebookPlus Questions

Week 12: Actual Harm and Factual Cause

Readings:
Diamond: Ch. 11.01, pp. 169-177
Dobbs: Ch. 7, pp. 215-218 (Right)
Ch. 7, pp. 237-272 (Right, p.237; Berry, p.239; Ziniti, p.241;
Landers, p.249; Summers, p.258; omit Laskey and Mohr)
Recommended Reading:
Barbri 1L Mastery: Module 5
Lectures:
Lecture: Causation in Tort Law: Cause-in-Fact
Sum & Substance Lectures: Cause-in-Fact, Part I; Cause-in-Fact, Part II; Joint and Several
Liability
Case Analysis Video: Summers v. Tice
Written Assignments:
Case Brief Assignment: Ziniti, p.241; Landers, p.249; Summers, p.258
Hypothetical Activity Assignment: Cause-in-Fact
CaseBookPlus Questions
Week 13: The Scope of Liability (Proximate Cause)

Readings:
Diamond: Ch. 12.01, pp. 179 - 190;
Ch. 13.01, pp. 193 – 200
Dobbs: Ch. 8, pp. 273-318 (Thompson, p.274; Abrams, p.278; Palsgraf, p.281;
Ruiz, p.290; Delaney, p.304; Torres, p.310 (omit Hammerstein,
Marcus, Collins, Dediarian, Marshall))
Recommended Reading:
Masks of the Law: "The Passengers of Palsgraf"
Lectures:
Lecture: Proximate Cause
Sum & Substance Lectures: Unforeseeable Plaintiff; Proximate Cause; Damages
Synchronous Session: Case Analysis Discussion Palsgraf v. Long Island Railroad
Written Assignments:
Case Brief Assignment: Thompson, p.274; Abrams, p.278; Palsgraf, p.281; Ruiz,
p.290; Delaney, p.304; Torres, p.310
Hypothetical Activity Assignment: Proximate Cause
CaseBookPlus Questions

Week 14: Review

Lecture: Synchronous Review Session

Written Assignments:
Quiz: Intentional Torts
Review Quiz: Privileges to Intentional Torts
Practice Exam I: The Ornament Intentional Torts
Practice Exam II: The Office
Negligence Practice Exam I: The School Bus
Negligence Practice Exam II: Bad Brakes