You are on page 1of 10

UIC - JOHN MARSHALL SCHOOL OF LAW

TORTS
JD-407 CRN 44603 (Day Section)
JD-407 CRN 44604 (Evening Section)
General Course Information & Module 1 Syllabus
Fall 2020

Professor Rogelio. Lasso


rlasso@jmls.edu

Class Meeting Times & Rooms

Day Section
Wednesdays: 11 am to 5 pm – In School
11:00 am to 12:30 pm (live: room 1200); 1:30 - 3:00 (live: room 300); 3:30 - 5 (live: room 200)
Thursdays 1:00 - 2:00 pm – Synchronous class via Zoom or Collaborate
Thursdays 2:15 - 3 pm (online Q & A regarding Wednesday’s live class discussion - for
purely online students).

Evening Section
(Live classes will all be online via Zoom)
Tuesdays: 6-8 pm and Thursdays: 6 - 7:00 pm

Office Hours
(Via Zoom)
Tuesdays: 1:00 – 2:30 pm
Thursdays: 1:00 – 2:30 pm
Fridays: 5:00 to 6:00 pm (for Evening students)

Required Course Materials


The Case book is Dobbs, Hayden, & Bublick Torts and Compensation, CONCISE Edition
(8th ed. West, 2016), ISBN: 978-1-63460-818-3 [hereinafter referred to as "Case Book" or "CB"].
The bookstore should have the 8th Edition but it may be cheaper to purchase your book
online. I have seen the book selling for between $5 and $90 at Half.com and Amazon. You can also
rent the book.
Order your book ASAP to make sure the book arrives before school starts.

Suggested Materials
If you need clarification about a particular legal concept, please sign up for office hours with
me. If you are still confused, I suggest Dan Dobbs’ “Hornbook on the Law of Torts.”
Exams this semester will be all multiple choice. In addition to being tested on your
knowledge and understanding the rules, you will also be tested on your ability to apply the rules to
new sets of facts and well as on your ability answer these type of multiple choice questions.
To practice multiple choice question skills, I suggest you purchase the Torts Q & A book.
The complete title is Questions & Answers: Torts by Anita Bernstein. There is a fourth edition but a

1
used third edition can be obtained for less than $10 and earlier editions are also available and will be
sufficient to provide you practice questions. There is an app version but practicing in an app is no
substitute for doing the practice questions in a book. You will also be able to practice MC questions
online on the course web page and using CALI (more on that later).
You will also need a device that gives you access to the internet. We will communicate
regularly through e-mail. Additionally, the materials needed for class will be available from the
Torts course web page on Collaborate.

GENERAL INFORMATION

I. LEARNING OBJECTIVES OF THE COURSE

A. By the end of the course, you should be able to:


1. Demonstrate a firm grasp of the general principles of intentional and
negligent torts as well as basic knowledge of strict products liability
principles.
a. This includes knowledge and understanding of the black-letter rules of
intentional and negligent torts as well as of strict products liability.
2. Demonstrate advanced case analysis skills.
a. Including breaking cases down into components and extracting rules
from cases;
3. Demonstrate well developed analytical and writing skills.
a. Including
(1) being able to identify issue(s) from the question(s) presented
by new legal problems;
(2) being able to identify and understand the (black-letter) rule(s)
necessary to solve previously identified issue(s);
(3) being able to distinguish between relevant and irrelevant facts
and
(4) being able to apply black-letter rules to these facts in order to
resolve new essay and multiple choice problems
4. Be well on the way to becoming Expert Learners;
a. Including developing an understanding of the learning process as well
as taking responsibility for their role in the learning process; and
5. Develop professional skills;
a. Including being able to conduct themselves professionally in and
outside the classroom.

In addition to the above learning objectives, I will provide you separate and detailed learning
objectives memoranda at the conclusion of each learning module.

II. ASSESSMENTS OF LEARNING OBJECTIVES


A. Assessments in this Course
Assessments are tools for students and teachers to determine whether students are achieving
the student learning objectives for all law school courses. There will be a number of assessments in

2
this class.

1. Types of Student Assessments


a. Summative Assessments
Summative assessments assign grades or otherwise indicate the extent to which students
have achieved the course goals. Summative assessments usually take place once, at the end of the
semester. There will be one summative assessment this semester, a final exam that will cover all the
materials in the course.
b. Formative Assessments
Formative assessments provide feedback to students and faculty. They are not used to assign
grades or rank students. Their purpose is to help students develop learning skills. Formative
assessments can be given in or outside the classroom.
There will be a number of formative assessments in this class, both inside and outside the
classroom. Some will be self-scored, others you will be able to have a teaching assistant (TA) score
them and give you feedback.
c. Summative/Formative Assessments
Summative assessments can also be formative. In other words, summative (graded)
assessments can also provide feedback to students regarding their progress to help them improve
their performance. Summative/formative assessments are graded assessments administered prior to
the end of the semester so that they provide information to teachers regarding students’ progress
toward achieving course learning goals.
In this class we will have one summative/formative assessment: the midterm, which will
cover all the materials related to intentional torts.

III. THE TORTS COURSE GRADE


A. There will be a Multiple Choice midterm covering Intentional Torts
1. The mid-term will cover all materials from handouts 0 to 3
a. The midterm will be semi-closed book exam.
(1) You may only use the outline you have created.
2. The midterm is tentatively scheduled for around week 6.
3. The midterm will be scored but the score will not count toward the course
grade.

B. The Final Exam will cover all the materials in the course (Handouts 0 to 15)
1. 25 multiple choice questions and you will have 100 minutes to complete it (4
minutes per question.
a. The Final exam will be a semi-closed Book Exam
(1) You can may only use a one-page outline you have created-
nothing more.
2. FINAL EXAM DATES:
a. December 1, 2020 at 6 pm (Evening section)
b. December 3, 2020 at 2 pm (Day class)
3. The course grade will be based only on the Final exam.

C. No Surprises

3
1. The exams will only cover materials covered in class and the handouts.
2. The cases, hypotheticals, and problems we discuss in class are the basis for
many of the questions in quizzes, the midterm and the final exam.

D. Expected Course Workload


Under ABA Standard 310, you are expected to spend at least two hours outside class
preparing for each hour spent in class. For this class, you will likely have to spend around eight
hours a week outside of class to prepare for the blended Torts classes. This time includes reading the
handouts and Panopto lessons, reading and briefing assigned cases, answering questions,
hypotheticals and problems in the handouts and Panopto lessons. Additionally, you will need to
spend another 10 hours a week going over class notes, working on the course outline, taking practice
quizzes and self-evaluating your performance on these assessments.

E. The Curve
This course is subject to Curve II, which requires that 25 to 40% of the class receive As
(A+,A, A-); 35 to 50% receive Bs (B+, B, B-); 10 to 25% receive Cs (C+, C, C-); and 10% receive
Ds and Fs.

IV. APPROACHING THE TORTS CLASS

A. The Handouts
The handouts are documents designed to guide your preparation for each class. The handouts
are posted on the course Blackboard page. The handouts provide you with the specific materials you
are to read regarding all the topics we will study this semester. Sometimes the handouts include an
introduction to a particular concept. They also explain specifically what sections of the casebook to
read, what cases to read, and what you need to get out of each case. The handouts often include
hypotheticals and problems designed to develop analytical skills by having you apply the concepts
learned in the class materials to a set of facts.

B. The Weekly Assignments


The weekly assignments are documents that provide you with detailed information about (a)
what you should do to prepare for the upcoming week’s class, (b) what will be covered in each class
that week, and (c) what you can do to prepare for classes the week after that. The weekly
assignments are posted on the course web page and emailed to all students.

C. How Prepare for Class


1. Read the weekly assignments, which are posted on the course web page. They
are a guide to the concepts that will be covered the following, including which
parts of each handout and CB chapter(s) will be covered and what cases will
be discussed.
2. Read and follow the directions in the handout that covers the materials to be
discussed in class.

4
a. The handouts should be your guide regarding specifics for each class.1
b. The weekly assignments tell you which cases will be discussed in
class and the handouts tell you what issues are important to each case.
3. Read all assignments & brief all cases before class.
a. Reading extra materials is an individual decision but is not
encouraged;
4. Answer questions and hypotheticals in handouts and in Case Book notes.
a. If we do not finish an entire handout during a class, re-read the
materials before the following class.
5. Think about the legal concepts being studied as well as about the process of
learning itself.
D. Participate in class discussion.
1. Participation is important as an active learning tool
a. Class participation is essential to develop the analytical skills needed
in the midterm and final exams.
2. Your unique life experience gives you a perspective we can all learn from.
3. EVERYONE expected to be ready for class EVERYDAY!
a. However, I will call on you alphabetically.
E. Form Study Group.
1. Whether it is to work on outlines, test one another on legal concepts, or work
on assessments, it is well known that most students do better when they work
in small groups.
F. Start course outline after first week of class
Organization is essential to success in the practice of law and in law school. Outlining is a
tried and true method to organize the massive amounts of materials we cover in each course. Your
outline of the course will be your most important study tool for the formative assessments, midterm,
and final exams. Finally, outlining is also the best way to organize your answers to law school essay
examinations. Constructing the outline is the best way to learn the concepts studied in class as well
as how these concepts are interrelated. Failure to outline will diminish your chances of doing your
best in this (and most other) courses.
Start your course outline after the first week of class. The overall organization of the outline
can be the Syllabus. The handouts and slides help you with the micro-organization of the outline.
For more on outlining, read “How to Outline a Law School Course” in your Process to Law
School Success handout.
G. Prepare answers to the various formative assessments and self-evaluate your answers.
1. Developing the skills to succeed in law school requires practice and the use of
formative outcome assessment tools.
2. The various formative assessments in torts, particularly the online midterm,
are designed to help you prepare for the final exam. Make sure you take these

1
The handouts provide you with the specific materials you are to read regarding all the topics we will study
this semester. They sometimes include an introduction to a particular concept. They also explain specifically what
sections of the casebook to read, what cases to read, and what you need to get out of each case. The handouts often
include hypotheticals and problems designed to develop analytical skills by having you apply the concepts learned in
the class materials to a set of facts.

5
seriously.
H. Make a plan and a strategy to approach the exams that form the basis for the course
grade.

V. CLASS ATTENDANCE, TIMELINESS, & PROFESSIONALISM

A. Attend all classes.


1. Attending classes is part of the process of becoming a professional.
2. I will take attendance on both the live and synchronous classes.
3. EXAM QUESTIONS ARE MOSTLY FROM CLASS DISCUSSIONS.
a. Many questions based on the cases, hypos and problems discussed in
class.
b. If you miss class discussions, you will likely also miss any questions
based on the discussions.
B. Attendance Policy
The class schedules for the day and evening classes can be found on the first page of
this Syllabus. It is your responsibility to attend every class.
1. Attending every live and synchronous classes is mandatory.
2. I will take attendance during every live and synchronous class.
3. If you cannot attend torts class on any given day, please e-mail me at
rlasso@jmls.edu at least 10 minutes prior to class and your absence may be
considered excused.2
4. A total of five excused or four unexcused absences will be penalized.
a. Penalties range from a letter grade drop in the course to being
withdrawn from the course with a WF – which has the same numerical
weight as an F.
b. I will notify you when you are close to the maximum number of
absences.
5. Under certain circumstances, like the need to attend a school-related event,
you can seek an attendance waiver by contacting me prior to the date of a
planned absence.
6. Under certain circumstances, like a personal emergency, you can seek an
attendance waiver by contacting me after the absence.
7. An attendance waiver can only be granted by me, with the concurrence of the
Vice Dean for Academic affairs. If you are granted an attendance waiver, the
absence will not count toward the maximum number of absences.

8. Orientation: If you do not attend the orientation class or contact me before


orientation to advise me that you still intend to take the course, you may be
dropped from the class roll.

C. Timeliness

2
Failure to notify me prior to the absence results in an unexcused absence, unless an emergency.

6
1. As professionals, you are expected to be in your seat and ready before classes
begin.
2. Arriving late is disruptive. When someone is late, it is a distraction that affects
the whole class.
3. The doors to the Torts classrooms (whether actual or virtual) will close xactly
at the start of class.
a. If you come in even one minute after class is scheduled, it will count as
an unexcused absence - unless you have advised me earlier that you
may be late.
4. If you are going to be late to class on any given day, e-mail me at
rlasso@jmls.edu at least 10 minutes prior to class so you will not be marked
absent.
5. If you are late and you have not advised me, your will be marked absent and it
will count as an unexcused absence.
6. If you have any questions regarding absences or lateness, please contact me.
D. Professional Demeanor (Live Classroom)
1. The classroom is a place of learning, not a diner.
2. You may bring a drink but eating in class is disrespectful and distracting to
your classmates and the class.
a. If I notice you are eating in class, it will count as an unexcused
absence.
3. Leaving your seat to smoke, go to the bathroom, or make or receive phone
calls is discourteous and disruptive.
a. Please make sure you smoke, make calls and go to the bathroom prior
to class.
(1) Unless you have advised me ahead of time, if I notice you
leaving class before the end of the class period, it will count as
an unexcused absence.
4. Refrain from discourteous comments about classmates during class
discussions.
a. If I hear you making discourteous comments about others, it will count
as an unexcused absence.
E. Professional Demeanor (Virtual Classroom)
1. You are in professional school and are expected to behave professionally.
a. Wear appropriate clothing for the online synchronous classes
2. You must keep your video on during the entire synchronous class.

VI. TECHNOLOGY: CLASSROOM RULES & ETIQUETTE

A. Electronic Equipment in Live Classes


1. Electronic devices (Laptops, Tablets, Phones, etc) are not allowed in the live
class (except for hardship cases).
A good lawyer must have excellent listening skills. The subtleties of the study and practice of
law demand unyielding attention to detail. Law school is a good place to hone your listening skills.
Extensive research and my own observations demonstrate that laptops, tablets, and other electronic

7
devices are a detriment to the learning process as well as to the development of analytical skills.
Laptops, tablets, phones, and other devices are also a major distraction not only to the user but often
to those around.
Taking notes by hand has been proven to improve retention while the act of taking notes on a
computer actually interferes with your memory. Studies have shown that when you have a keyboard,
you have a very strong tendency to transcribe what you hear, even if you try not to. But when taking
notes by hand, you have to (a) pay attention and (b) make a conscious decision as to what is
important.
Use of any electronic device during the class will be penalized. Penalties for violating the
electronic device policies include being marked with an unexcused absence. Because four unexcused
absences can result in a lower course grade, violating the laptop or cell phone policies can affect your
performance in law school.

2. Cell Phones are to be turned off During Class


If you are expecting an emergency phone call, please let me know before class and I will
accommodate your request.

B. Electronic Equipment in Virtual Classes (Zoom or Collaborate)

Although you will obviously need your laptop, tablet, or phone to access the virtual classes,
you should turn off your phone so it does not ring during class.

C. Classroom Recordings
Actual and virtual classes will be recorded and the recordings will be available on the
Blackboard course page.

VII. COURSE MATERIALS


The Handouts and other materials can be downloaded from the Torts Blackboard web page.

VIII. DISABILITY ACCOMMODATIONS


The University of Illinois at Chicago is committed to maintaining a barrier-free environment
so that individuals with disabilities can fully access programs, courses, services, and activities at
UIC. Students with disabilities who require accommodations for full access and participation in UIC
programs must be registered with the Disability Resource Center (DRC) at https://drc.uic.edu/.
Please contact DRC at (312) 413-2183 (voice) or (312) 413-0123 (TDD).

IX. RELIGIOUS ACCOMMODATIONS


Up to two absences are allowed for religious observances, but you must make the request in
writing. If you will be absent for a religious observance and wish the class to be recorded, you must
notify me during the first week of the semester.

X. UIC-JMLS POLICIES
The law school’s policies can be found at https://jmls.uic.edu/policy/.

XI. STRESS

8
Stress is a natural part of our lives. Our body is designed to react to two types of stress. Low
level stress actually helps to keep us alert, motivates us to face challenges, and drives us to solve
problems. These low levels of stress are manageable and can be thought of as necessary and normal
stimulation. High level stress results when our bodies over-react to events. High level stress can
interfere with your ability to perform up to your potential in law school.
If stress begins to interfere with your daily life, you should talk to a professional. John The
Law School Counseling Center is run by a private practice, Sankofa Psychological Services. They
are housed on the fifth floor of the law school. You may email jmlscc@sankofapsychology.com or
call 312.427-2737 x455 to make an appointment. The Counseling Center accepts many types of
insurance, including UIC CampusCare, and also works with students on Medicare.

Tentative Syllabus for Module One


Details of readings are described in the Handouts

NOTE
The torts course is divided into three Modules. The modules will cover intentional torts,
negligence and products liability, in that order. Classes will consist mostly of discussions of cases
and materials, analysis of hypotheticals and problems, and as assessments.
The syllabus is meant to give you a general idea of where each topic fits in the overall class
coverage. The syllabus is not meant to be a hard-and-fast schedule. I will provide you every week a
detailed list – the Weekly Assignments– of the materials we will be covering the following week.

TOPICS AND READINGS


(Module One)

I. Preparing for Orientation


A. Handout 0 – Orientation
II. Introduction to the Study of Law & the Process to Law School Success
A. Handout 0 – Orientation
III. Establishing a Prima Facie Case for Battery
A. Handout 0 – Orientation
IV. Establishing a Prima Facie Case for Assault
A. Handout 0 – Orientation and, if needed, Week 1
V. The Defenses of Self-Defense and Consent
A. Handout 0 – Orientation and, if needed, Week 1
VI. Using IRAC to Answer Essay and Multiple Choice Exam Questions
A. Handout 1 - Week 1
VII. Synthesis of the Rules for Intent
A. Handout 1 - Week 1

VIII. Establishing a Prima Facie Case for False Imprisonment


A. Handout 2 - Week 1 (and perhaps Week 2)
IX. Establishing a Prima Facie Case for Intentional Infliction of Emotional Distress
A. Handout 2 - Week 1 (and perhaps Week 2)

9
X. INTENTIONAL TORTS TO PROPERTY
A. Establishing a Prima Facie Case for Trespass to Land
1. Handout 2 - Week 2
B. Establishing a Prima Facie Case for Conversion of Chattels
1. Handout 2 - Week 2
C. Establishing a Prima Facie Case for Trespass to Chattels
1. Handout 2 - Week 2 (and perhaps Week 3)
D. Establishing a Prima Facie Case for Section 1983
1. Handout 2 - Week 2 (and perhaps Week 3)

XI. Defenses to Intentional Torts


A. Defenses Based on Plaintiff's Conduct
1. Handout 3 - Week 4
B. Defenses Not Based on Plaintiff's Conduct
1. Handout 3 - Week 4 (and perhaps Week 5)

XII. MIDTERM
A. Covers all materials from Handout 0 to Handout 3
1. Midterm is tentatively scheduled for Week 6
B. You will take the midterm under the same conditions as the final exam
1. You will get a score that will reflect whether you are doing what you need to
do in order to perform well in this class ....
a. However, the score will not count toward the course grade.

10

You might also like