Torts2025fall-materials

Exercise You are a Supreme Court Justice in the State of Loyola Supreme Court, hearing a case on appeal. Your small group represents the entire Loyola Supreme Court. How do you rule?

Hard copies of Reading Assignments 01 are available at the back of the room. Please pick up a copy. Finishing Our In-Class Exercise The Questions Why should this defendant be held liable or not held liable?

Products Liability Exercise You are a junior associate at a plaintiff-side firm. A partner at the firm has brought you in to work on an interesting new case. The potential plaintiff, a nine-year-old boy named Augustus Gloop, choked on a hot dog during lunch in his elementary school cafeteria.

Intent Abridged Definition from Restatement (Third) of Torts A person acts with the intent to produce a consequence if: (a) the person acts with the purpose of producing that consequence; or (b) the person acts knowing that the consequence is substantially certain to result.

Your exam schedule? Tuesday, Dec. 2 — CivPro Tuesday, Dec. 9 — Torts Friday, Dec. 12 — Contracts Tuesday, Dec. 16 — Criminal Law Structure Intentional Torts: — Battery

Typical Negligence Case  Medical Malpractice Case  Sheeley v. Memorial Hospital Geography & Experience In medical malpractice, the ultimate question is still:

You should be worried. The Exam Itself Examples of what you might be asked to do: Make a legal argument that a defendant did or did not owe the plaintiff a duty of care.

Negligence Negligence as a Cause of Action Plaintiff must prove four elements: ?????????? ?????????? ?????????? ?????????? Negligence as a Cause of Action Plaintiff must prove four elements:

Falzone v. Busch “Zone of Danger” Requires a reasonable fear of immediate physical injury Many jurisdictions also require that the emotional distress resulted in substantial bodily injury Portee v.

In-Class Exercse for Res Ipsa Loquitur You are deciding a case as an appellate court judge. Organize your notes according to the CREAC method: Conclusion Rule Explanation Application Conclusion Proving Negligence !