Ms. Brockovich did not have a paralegal education. What skills did she have to develop and hone on her own without the formal education?
Ms. Brockovich did not have a paralegal education. What skills did she have to develop and hone on her own without the formal education? Which jobs or what aspects of her education do you think assisted her in developing these skills?
Part 2: What type of tort(s) do we see in this case?
PA165 Introduction to Torts
Unit 2 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Torts and Negligence
After reading the case of Johnson v. Valu Food, Inc. (751 A.2d 19) on Westlaw, discuss the following topics:
Do you agree with the court’s finding with respect to the plaintiff’s pleading of her damages? Based on the facts of the case, did the plaintiff demonstrate that she suffered damages?
PA165 Introduction to Torts
Unit 3 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: The Case of the Rejected Check
Read the case of Estiverne v. Sak’s Fifth Avenue beginning on p. 204 in Chapter 7 and then respond to the following questions:
Why do you think Sak’s Fifth Avenue’s employee requested a consumer report before accepting Mr. Estiverne’s check?
Is it an invasion of privacy for a store to request a consumer report?
PA165 Introduction to Torts
Unit 4 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Is This Negligence?
Read the following article.
Moinske, B. (2005). Literally speaking – with Bob Mionske. Velo News. Retrieved from http://velonews.competitor.com/2005/10/news/legally-speaking-with-bob-mionske-the-perfect-stone_9003
After reviewing the fact pattern and the negligence analysis, explain whether you believe that a claim for negligence would be successful in the scenario involving the bicyclist.
If you were representing the respondent in this action, what points would you want to further explore in representing your client and why? To support your position, provide examples of claims that you believe would be successful under negligence and the legal analysis to support your conclusions.
Topic 2: Negligence in Action
Read the case of Sampson v. Zimmerman (502 N.W.2d 846) on pages 42-44 of your text. After reading the case, explain:
A summary of the claim brought by the plaintiff (what was the plaintiff suing for)
Your thoughts on the outcome of the case
If you were a juror in this case, would you have decided the case the same way? Why or why not?
What is the plaintiff’s most difficult proof problem in the negligence claim?
PA165 Introduction to Torts
Unit 5 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted in Doc Sharing.
Topic: Review of Intentional Torts and Negligence
In review, we will go through intentional torts, their elements, and the defenses available to us. We will also cover negligence.
We will be reviewing the material covered in Units 1 – 4. Please select one tort, intentional, or negligence, identify the elements and any applicable defenses. You will then create a short fact pattern that incorporates those elements.
PA165 Introduction to Torts
Unit 6 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Assumption of Risk
Let’s look at a waiver required for participation in certain events that could be construed as abnormally dangerous activities. Go to the following website:
Participant Assumption of Risk: Utah Velo Club: https://utahveloclub.com/membership/
Assume that you signed the waiver in order to participate in a cycling tour but sustained an injury because the tour guide stopped abruptly in front of you to point out a memorial. As a result of the sudden stop, you flew off the bike, broke your leg, and ended up with a concussion.
You want to sue for your injuries but are concerned that the waiver could hinder your lawsuit. Review the waiver in conjunction with your possible action. Do you think you still have a shot at recovering damages? Will the company be successful in asserting the defense of assumption of the risk?
Topic 2: Vicarious Liability
Under the theory of vicarious liability, an employer may be responsible for the negligent actions of an employee. One important component of vicarious liability is that the employee must be acting within the scope of the employee’s duties when the negligence took place. Let’s explore vicarious liability as you review the following article:
Vicarious liability under the doctrine of respondeat superior. “Vicarious liability – Employers’ Liability for Wrongdoing of Employees”. Retrieved from http://www.wolfbaldwin.com/Commercial-Litigation-Articles/Vicarious-Liability-of-Employers.shtml
As you review the websites, consider:
How can an employer be liable for the actions of an employee and what is the nature of that liability?
What does “scope of employment” mean in the context of vicarious liability?
PA165 Introduction to Torts
Unit 7 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Write a Fact Pattern
Let’s put nuisance into action. Using the material that you learned from the readings and the websites, prepare a fact pattern that you believe would give rise to a nuisance action (either private or public).
Post your fact pattern, the type of nuisance action, and the reasoning as to why you believe your fact pattern would be actionable on the Discussion Board.
PA165 Introduction to Torts
Unit 8 Discussion
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Warning Labels
A manufacturer has the duty to make its products as safe as possible. When it cannot eliminate all risks, it must warn users and buyers of the dangers that exist. If it fails to provide adequate warnings, the person injured because of that failure may have a product liability claim based on failure to warn.
What types of warning labels have you seen in products that you have purchased? Discuss whether you think the specific warning labels are helpful to users.
PA165 Introduction to Torts
Unit 9 Discussion
Throughout this course, many discussion opportunities come up where you need to respond to other people’s opinions and comments. Then respond to your Discussion topic after you have completed your reading.
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Torts Investigations
Now that you have had an opportunity to read the chapter in your textbook, respond to the following:
How should a paralegal document an accident scene?
What conditions should be prevalent when the scene is investigated?
What items should be included on the investigation checklist?
Why is it important to identify the correct defendant(s) in a tort case?
What could happen if incorrect persons or businesses are sued as defendants?
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