Torts Personal Injury Litigation

ISBN-10: 0766812308
ISBN-13: 9780766812307
Edition: 4th 2001 (Revised)
List price: $182.95 Buy it from $3.00
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Description: "Torts Personal Injury Litigation", 4th Edition is a necessity for paralegal and legal secretary students. Complete with current "hot topic" legal issues, this 4th edition provides an in-depth overview of the law of torts and identifies the role of  More...

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Book details

List price: $182.95
Edition: 4th
Copyright year: 2001
Publisher: Delmar Cengage Learning
Publication date: 9/12/2000
Binding: Hardcover
Pages: 737
Size: 8.75" wide x 11.00" long x 1.25" tall
Weight: 3.894
Language: English

"Torts Personal Injury Litigation", 4th Edition is a necessity for paralegal and legal secretary students. Complete with current "hot topic" legal issues, this 4th edition provides an in-depth overview of the law of torts and identifies the role of the paralegal within tort litigation. Case studies examine such timely controversial issues as AIDS, the alleged tort committed by President Clinton, breast implants and attacks on abortion clinics. These case studies allow the reader to examine court opinions, which are the central documents in the law of torts.

William Statsky is a member of both the ethics committee and the advisory council for the National Federation of Paralegal Associations, as well as an instructor of online courses at Thomas Edison State College in Trenton, New Jersey. He is the author of numerous groundbreaking legal textbooks for paralegals and was a member of the transition team for then President-Elect Ronald Reagan. Mr. Statsky holds a master of law degree (LL.M) in urban affairs, as well as a juris doctorate degree (J.D.).

Introduction to Tort Law and Practice
Scope
Definitions and Purposes
Elements of All the Torts
Categories of Torts
Introduction to Causation
The Relationship Between Tort Law and Other Areas of the Law
Sources of Tort Law
Legal Analysis in Tort Law
Structure of Legal Analysis
Issue
Rule
Application
Conclusion
Tort Litigation and Paralegal Roles
Overview
Liability, Damages, and Collectibility
Alternative Dispute Resolution (ADR)
Introduction to Fact Gathering
Achieving Specificity and Comprehensiveness
Taking a Witness Statement
Tort Complaints
Discovery
Trial and Appeal
Enforcement
Foreseeability in Tort Law
Introduction
Defining Foreseeability
Foreseeability Spectrum
Objective Standard
Phrasing the Foreseeability Question
Foreseeability Determination "Formula"
Review of Steps to Determine Foreseeability
Battery
Introduction
Act
Person
Intent
Harmful or Offensive Contact
Consent and Privilege
Assault
Introduction
Act
Apprehension
Harmful or Offensive
Transferred Intent
Assault and Civil Rights
False Imprisonment and False Arrest
Introduction
False Imprisonment
False Arrest
Misuse of Legal Process
Introduction
Malicious Prosecution
Wrongful or Unjustified Civil Proceedings
Abuse of Process
Infliction of Emotional Distress
Introduction
Intentional Infliction of Emotional Distress
Tort Law and the Impeachment of the President
Media Defendants and the Constitution
Negligent Infliction of Emotional Distress
Conversion and Trespass to Chattels
Introduction
Damages
Kind of Interference
Mistake Defense
Strict Liability
Introduction
Animals
Strict Liability for Abnormally Dangerous Conditions or Activities
Negligence: A Summary
Introduction
Negligence and Breach of Duty
Negligence and Insurance
Shorthand Definition
Negligence Checklist
Negligence: Element I: Duty
General Rule on Duty
Unforeseeable Plaintiff
Nonfeasance and Special Relationships
Gratuitous Undertaking
Protection for the Good Samaritan
Negligence: Element II: Breach of Duty (Unreasonableness)
Standard of Care: Reasonableness
Breach-of-Duty (Unreasonableness) Equation
Objective or Subjective Standard?
Res Ipsa Loquitur
Custom and Usage
Violation of a Statute
Compliance with a Statute
Gross Negligence (Unreasonableness) and Wilful, Wanton, and Reckless Conduct
Vicarious Liability
Negligence: Element III: Proximate Cause
Introduction
Cause in Fact
Cut-Off Test of Proximate Cause
Overview of Steps Needed to Analyze Proximate Cause
Negligence: Element IV: Damages
Kinds of Damages
Present Value
Pain and Suffering
Software
Property Damage
Doctrine of Avoidable Consequences
Collateral Source Rule
Joint Tortfeasors
Release
Contribution
Indemnity
Negligence: Defenses
Introduction
Contributory Negligence
Last Clear Chance
Comparative Negligence
Assumption of the Risk
Medical Malpractice and Legal Malpractice
Medical Malpractice
Legal Malpractice
Products Liability
Products Liability in the Media
Categories of Defects
Negligence
Misrepresentation
Warranty and Strict Liability
Express Warranty
Sale versus Service
Implied Warranties
Strict Liability in Tort
Reform
Paralegal Roles
Mass Tort Litigation
Introduction
Solicitation of Clients
Class Actions
Junk Science and Causation
Asbestos
Breast Implants
Tobacco
Paralegal Roles in Mass Tort Litigation
Survival and Wrongful Death
Introduction
Survival of Torts Unrelated to Death
Wrongful Death
Avoiding Double Recovery
Torts Against and Within the Family
Torts Derived from Other Torts
Torts Not Derived from Other Torts
Prenatal Injuries
Wrongful Life, Birth, Pregnancy
Wrongful Adoption
Intrafamily Tort Immunity
Torts Connected with Land
Introduction
Trespass to Land
Nuisance
Traditional Negligence Liability
Defamation
Introduction
Defamatory Statement
Extrinsic Facts
Falsity of the Statement
Of and Concerning the Plaintiff
Publication
Republication
Cyberspace Defamation
Damages
Privilege
Slapp Suits
"Veggie Libel"
Invasion of Privacy
Four Torts
Intrusion
Appropriation
Public Disclosure of Private Fact
False Light
Media Defendants
Misrepresentation, Tortious Interference, and Other Torts
Misrepresentation
Interference with Contract Relations
Interference with Prospective Advantage
Tortious Interference with Employment (Wrongful Discharge)
Disparagement
Injurious Falsehood
Prima Facie Tort
Bad Faith Liability
Dram Shop Liability
Additional Tort Defenses
Introduction
Consent in tort Law
Self-Help Privileges
Sovereign Immunity
Official Immunity: The Personal Liability of Government Employees
Charitable Immunity
Intrafamily Tort Immunity
Workers' Compensation
Introduction
On-the-Job Injuries at Common Law
Workers' Compensation Statutes
Injuries and Diseases Covered
Filing a Claim
Benefits Available
Tort Claims Against Third Parties
Reform
Settlement
Introduction
Paralegal Roles During Settlement
Settlement Precis
Settlement Brochure
Basic Medical Anatomy
Survey of Negligence Law in the United States
Automobile Accident and Investigation Checklist
Sample Accident Report Filed with Police Department
Resources: State Agencies Relevant to a Torts Practice
Verdicts and Settlements
Automobile Insurance
Legal Nurse
Disabling Injuries and Death: Some Statistics
"Do You Seldomly Swear ..?"
Glossary

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