Torts (wykład) - 2018/2019
dr Delaine Swenson prof. KUL
Wydział Prawa, Prawa Kanonicznego i Administracji - Instytut Prawa
Liczba godzin tydzień/semestr:
This course introduces students to the American Law on Torts. OBJECTIVES: This class introduces students to the law of Torts in the United States of America. The course will cover legal claims based on negligence, recklessness, intentionality, and strict liability as well as defenses to tort claims and shared responsibility. Damages in tort actions will also be covered.
COURSE TYPE AND PREREQUISITES: elective course for III, IV, V year students of law, administration, European studies, intermediate level of English.
Efekty kształcenia dla przedmiotu
KW 06 Knows the basic features and functions of the basic areas of law and understands the principles of their functioning. He has knowledge about entities involved in legal relations specific to particular fields.
KW 12Has knowledge ordered in the field of procedural standards and understands the process of their application (including administrative, criminal, civil).
KW 15Has a structured knowledge of ethical principles and standards applicable both in science and in the future performance of legal professions
KU 02 Is able to use the basic theoretical knowledge in the field of various areas of law in order to analyze and interpret specific legal, economic and social processes and phenomena.
KU 03 Has the ability to use legal concepts to understand and analyze legal phenomena
KU 09 Has the ability of independent substantive argumentation using the views of other authors, including thesis, aptly draw conclusions and create synthetic summaries and assessments of selected problems.
KK 01Is aware of the level of his knowledge and skills, understands the need for education throughout life
KK 02 Is able to work in a team performing different roles (speaker, debater, adviser, critical analyst, effects commentator), knows how to accept and assign tasks, has elementary organizational skills allowing to achieve the assumed.
KK 03 Is able to properly assess the priorities for the implementation of a specific or imposed task, takes care of the timely and effective implementation of tasks.
KK 06 Is able to supplement and improve the acquired knowledge and skills
KK 07 Responsibly preparing for his work.
KW 03 Knows and understands legal terminology in the field of particular areas of law.
KW 04 Has basic knowledge of the sources of law in the field of specific areas of law and the hierarchy of legal norms. He knows the general principles of creating law and application (legislative process).
This course is taught using interactive teaching techniques including lecture, socratic dialogue, case students and discussion typical of a substantive law course in an American law faculty.
Treści programowe przedmiotu
Class 1: Introduction
Exercise: Torts Fact Pattern #1: Who is going to pay? How much are they going to pay?
Development of liability based on Tort; Intentional Torts: Battery, Assault, False Imprisonment
Intentional Infliction of Emotional Distress; Property Torts
Privileges: Defenses to Intentional Torts
Negligence: Duty of Care, Issues of Proof
Causation in Fact
Proximate or Legal Cause
Owners or Occupiers of Land
Defenses to Negligence: Contributory Negligence; Comparative Negligence; Assumption of Risk; Immunities; Statutes of Limitations
Strict Liability Torts
Damages in Tort Cases
Specialized Torts: Product Liability; Privacy; Civil rights; Misuse of Legal Procedures
Tort Reform in the United Statess of America. The course will cover legal claims based on
negligence, recklessness, intentionality, and strict liability as well
as defenses to tort claims and shared responsibility. Damages
in tort actions will also be covered.
Kryteria oceny i sposoby weryfikacji zakładanych efektów kształcenia
Students will be evaluated based on classroom participation and a written exam at the end of class done in the American legal exam style involving both short answer questions and a fact pattern where the students will be required to apply the I.R.A.C. method of legal reasoning. 20% of grade will be class attendance and participation, 80% based on the final exam. Final exam will be evaluated on student\'s ability to identify issues, rules raised by the questions, provide legal analysis and conclusions. Correct identification of all issues and rules as well as complete analysis would be a 5, Identification of most Issues and Rules and a good analysis would be a 4, identification of some issues and rules and passing analysis would be a 3.
Literatura podstawowa i uzupełniająca
Required reading list: Obligatory reading materials are distributed during the course of the class. Reading includes cases from the United States Supreme Court.
Torts: Cases and Materials Ninth Edition, Prosser, Wade, Schwartz, Kelly, Partlett, University Casebook Series, 1994
Kierunek studiów: Prawo (stacjonarne jednolite magisterskie)
Lokalizacja w planach rocznych:
Rok III - Semestr 6
Punkty ECTS: 6
Forma zaliczenia: Zal. na ocenę
Rok IV - Semestr 8
Punkty ECTS: 6
Forma zaliczenia: Zal. na ocenę