House Bill 2504 Fall 2013 Course Syllabus LGLA-2303-01 - Torts and Personal Injury Law
Fall 2013 Course Syllabus
LGLA-2303-01 - Torts and Personal Injury Law
|Instructor||Quist, Edward Browning|
|MyLamarPA||Be sure to check your campus E-mail and Course Homepage using MyLamarPA campus web portal (My.LamarPA.edu). When you’ve logged in, click the email icon in the upper right-hand corner to check email, or click on the “My Courses” tab to get to your Course Homepage. Click the link to your course and review the information presented. It is important that you check your email and Course Homepage regularly. You can also access your grades, transcripts, and determine who you academic advisor is by using MyLamarPA.|
|Course Description||Fundamental concepts of tort and personal injury law including intentional torts, negligence, and strict liability are presented with emphasis on the paralegal's role in tort and personal injury law.|
|Course Prerequisites||LGLA 1307 taken prior to or concurrently with this course|
Torts and Personal Injury Law, Okrent, Delmar Publishing, Latest Ed.
|Attendance Policy||A student with 9 absences or more may be dropped from the course.|
|Course Grading Scale||90 - 100 = A 80 - 89 = B 70 - 79 = C 60 - 69 = D Below 59 = F|
|Determination of Final Grade||
A. Three regular exams of approximately 50 questions each, of equal
weight, comprised of objective, short answer, and essay questions. 60%
B. Two document drafting assignments of equal weight: negligence petition and defamation petition. 20%
C. Final exam, noncumulative, with approximately 50 questions,
comprised of objective, short answer, and essay questions. 15%
D. Attendance 5%
|Final Exam Date||December 10, 2013 - 9:00 AM|
|Major Assignments||See "Calendar of Lecture" section, below.|
|Calendar of Lecture Topics and Major Assignment Due Dates||
I. History of Tort Law
II. The Tort Case Process and the Paralegal’s Ethical Obligations
III. Negligence Cases
IV. Negligence: Duty
V. Breach of Duty: Negligence
A. Objective vs. Subjective
B. Reasonable person standard
E. Special Characteristics
VI. Causation - Negligence
A. Actual cause
B. Proximate cause
C. Cardozo rule
D. Intervening causes
PROJECT 1 DUE
VII. Damages – Negligence
A. Types of damages
B. Property damages
C. Life expectancy
D. Mental suffering
F. Mitigation of damages
G. Wrongful death and survival
VIII. Defenses – Negligence
A. Comparative negligence
B. Contributory negligence
C. Assumption of the risk
IX. Intentional Torts
A. Against property
B. Against persons
X. Strict Liability
B. Harm caused by animals
C. Abnormally dangerous activities
XI. Product Liability
A. Kinds of defects
B. Kinds of losses
C. Recovery theories
XIII. Invasion of Privacy
*PROJECT 2 DUE
C. Defamatory statements
A. Types of coverage
B. First party and third party coverage
C. Insurance company defenses available
XVI. Automobile Insurance
A. Liability coverage
B. Collision insurance
C. Medical payment insurance
D. Uninsured motorists coverage
E. Comprehensive coverage
F. Underinsured motorist coverage
G. Other coverage
|General Education/Core Curriculum Student Learning Outcomes||
|Program Student Learning Outcomes||
1. Understand legal terms and the paralegal’s role in the legal environment.
2. Apply correct drafting procedures to transactional and court documents.
3. Demonstrate appropriate ethics and professionalism in the legal environment.
4. Exhibit the ability to use computer skills.
5. Demonstrate comprehension of legal reading materials.
|Course Student Learning Outcomes||
1.5 Advise their attorney whether all of the elements of a negligence cause of action are present in a potential client’s case.
2.2 Draft a negligence Original Petition.
3.4 Prepare an Original Petition in an intentional tort cause of action.
4.2 Draft an Answer in a negligence cause of action.
5.2 Complete an Answer in an intentional tort case.
6.1 Inform the attorney of any available defenses that exist in a tort case.
7.5 Identify a potential case for Invasion of the Right to Privacy to her attorney
8.2 Prepare an Original Petition and an Answer for a strict liability case
9.4 Draft documents in a defamation case
|Academic Honesty||Academic honesty is expected from all students, and dishonesty in any form will not be tolerated. Please consult the LSC-PA policies (Section IX, subsection A, in the Faculty Handbook) for consequences of academic dishonesty.|
|ADA Considerations||The Americans with Disabilities Act (ADA) is a federal anti-discrimination statue that provides comprehensive civil rights for persons with disabilities. Among other things, this legislation requires that all students with disabilities be guaranteed a learning environment that provides for reasonable accommodation of their disabilities. If you believe you have a disability requiring an accommodation, please contact the Special Populations Coordinator, Room 210D, in the Madison Monroe Building. The phone number is (409) 984-6251.|
Some material in this course may be copyrighted. They may be used only for instructional purposes this semester,
by students enrolled in this course. These materials are being used fairly and legally.
No one may distribute or share these copyrighted materials in any medium or format with anyone outside this class,
including publishing essays with copyrighted material, uploading copyrighted material to Facebook or YouTube, or
painting or performing copyrighted material for public display.
Copyright violation is not the same thing as plagiarism. Plagiarism is intellectual dishonesty. Offenses of plagiarism result in lower grades or failing scores, and professors and the college strictly enforce plagiarism rules. There is never any acceptable use of plagiarism. Copyright violation is a legal offense, punishable by large fines and penalties.
Copyrighted material can be used if permission from the material’s creator is obtained, or if its use meets the standards of fair use in an educational setting. For example, a student can quote a line from Shakespeare’s Hamlet in a report without violating copyright but still be guilty of plagiarism if the quotation is not properly documented.
If you are in doubt about what material can be freely used, ask your professor or contact the Dean of Library Services, at (409) 984-6216.
Assessment is a process by which LSCPA can help you learn better and gauge the level of progress you have made to
attain knowledge, skills, beliefs, and values. It also helps your professors understand how to improve teaching
and testing methods in your classes, and it helps each department understand and improve degree and certificate
Periodically LSC-PA will collect assessment data for research and reporting purposes, including statistical data and sometimes copies of your work. Be assured that all material the college uses for assessment purposes will be kept confidential. To ensure anonymity, your name will be removed from any material we use for assessment purposes, including video-recorded performances, speeches, and projects.
If you object to allowing LSC-PA to use your material for assessment purposes, submit a letter stating so to your professor by the 12th class day. You will still be required to participate in whatever assessments are being done; we just won’t use your data.
What’s the difference between assessment and grades? The grades you get on papers, projects, speeches, and assignments are specific types of focused assessment. LSC-PA’s assessment efforts include class grades, surveys, standardized tests, and other tools.
Federal privacy laws apply to college students. This means that college employees, including instructors, cannot
divulge information to third parties, including parents and legal guardians of students. Even if the students are
minors, information about their college work cannot be shared with anyone except in very limited circumstances.
Anyone requesting information about a student should be referred to the Registrar. Instructors will be notified in writing by that Office about what information may be released and to whom.
Please remember that releasing private information about a student, however innocuous it may seem, can be a violation of federal law, with very serious consequences.
Circumstances under which information may be released:
An adult student may submit, to the Registrar, a handwritten, signed note granting permission for release of
information. The note must specify what information may be divulged, and it must specify the name of the person
to whom the information may be given.
The Registrar’s office is located in the Student Center room 303B, and can be reached at (409) 984-6165.
This course helps add to the students’ overall collegiate experience in the following ways:
|Degree Plan Evaluation||
A Degree Plan Evaluation will help you determine which classes you need to complete your program.
All of the classes that you have taken that apply to your declared major will be listed on the right. If you have a class that still needs to be completed, a “NO” will be listed on the right next to the required class.
|HB 2504||This syllabus is part of LSC-PA’s efforts to comply with Texas House Bill 2504.|
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