Introduction to Torts Class Objectives Learn The Basics

Introduction to Torts

Class Objectives Learn The Basics of Tort Law u Broad overview u More detail in the advanced torts courses u You learn material better by going over it more than once n Learn How To Read Real Cases u Full text, unedited cases, just like a lawyer would use n

Become Familiar With MO Law More than any other area of law, tort law is state law. n Very few United States Supreme Court tort decisions that bind all states n Congress can preempt most state tort law, but has done so only in very limited circumstances. n

Develop Your Own Practice Materials You will get cases and other materials that will form the basis of a Mo torts practice n You will add to these if you take my advanced torts class on health care torts n

Attendance School Policy n Sign the Role Sheet n False Certification is an honor code violation n Tell Dean Davis about absences n Do not tell me about your reasons for being absent – it is none of my business n

Class Seating Fill from the front so the only empty seats are in the back n Pick your seat next time - we use a seating chart n

Class Participation 1) Read the material n 2) Show up n 3) Pay attention n 4) Stand up and answer intelligently when called on, or at least convince me you are in the right class and have read the material n

“Unprepareds” Being unprepared is a bad thing. n You get two free "unprepareds“ u Leave a note on the podium for me by the beginning of class if you need one u Do not explain why, just your name and unprepared n After 2, each unprepared costs you a (minus) on your final grade. n

Final Exam The final exam will be in class, closed book and notes n Some of the exam will be short answer n There will be an ungraded practice midterm n

Class Materials Your materials will be on the WWW site: u http: //biotech. law. umkc. edu n Study Questions u I will give you extensive sets of study questions to help you prepare for the exam u It is your responsibility to find the answers n

Using the WWW n n Law is an information business and that business has moved online. In some areas the books have already been discontinued. Online is cheaper and faster You need to learn how to do online and how to organize electronic materials You need your own computer, either desktop or laptop, to keep track of your notes and materials

Computers in Class You do not need a laptop in class - bring in printed notes, annotate them, put the changes back in later - less distracting to you and less prone to disaster. n You are responsible for learning to lookup cases on Lexis or Westlaw from citations that I give you. n

Types of Law

Criminal Law Between the state and an individual n Only laws that can lead to imprisonment for punishment n Defendant must pay own fees in most cases n Right to counsel is very limited n Most closely controlled by the United States Supreme Court n

Administrative Law n n n Includes u Environmental Law u Consumer Protection Law u Health Law u Banking Regulations At least 50% of all legal work u Federal agencies to the local zoning board Take ad law!

Private Law n n n Contracts u agreements between individuals u damages are about money Property law u issues with ownership and convenience of property, usually land Family law u Children and divorce u State and federal law

Torts Compensation for accidents and intentional wrongdoing n Deterrence for future acts n Punishment for past acts n Substantial overlap with criminal and administrative law n

Tort Litigation

Plaintiffs Contingency Fees u 30%-50%, plus expenses off the top u Some firms make the client pay expenses up front n MO law allows the firm to advance expenses and finance the case as part of the contingency n What is the incentive? n

Defense Hourly or Fixed Fee n Very expensive n Usually paid by insurance in negligence cases n What is the incentive? n

Who Pays When The Case Is Over? Each side pays their own attorney n Defendant pays Plaintiff if Defendant loses n Under some rules of procedure, Plaintiff sometimes has to pay defendant’s costs if Plaintiff rejects a reasonable settlement from defendant and then loses at trial n

Constitutional Issues No US constitutional requirement that there be more than a most rudimentary tort system. n Must be fairly applied, if you have one n Some state constitutions guarantee access to a tort system n All states have abrogated these to some extent for worker's compensation systems n

Why Have Tort Law? n n Prevents Self-Help u No eye for an eye u Limits feuds Tries To Substitute For Morality u Imposes duties that once belonged to religion u Traditionally tort law was in the church's courts u Basic enforcement was going to hell

Tort Populism Vents Populist Angst u Power of big business u Perception that society is out of control u Little guy’s revenge n Modern version of the Roman bread and circuses n

Substitutes For Governmental Regulation And Policy Contraceptives n Breast Implants n Tobacco n No proper health insurance system? u Sue HMOs n No proper disability and retraining system? u Sue other motorists n

Fills The Gaps In Law Whenever societal mechanisms fail, tort law provides a cushion u California Child Molesters Relief Act and the Missouri Cokeheads Relief Case u Conflicting policy between retribution/punishment and compensation so that state does not have to pay. u

What Can You Recover? Money n That Is It: Money u Never say that you cannot put a price on human life. n

Damages Only physical injuries? n Emotional Suffering n Dignitary injuries n Reputation injuries n No money? - no recovery n 10/20 Policies n

Basis For Liability Intentional Torts n Negligence n Strict Liability n Defamation n Statutory Torts n

Core Concepts Intent n Consent And Assumption Of Risk n Assumption Of Obligations n Notice n Liability For Others n Liability for Products n