Lex Empirica's Framework for Thinking About Torts

This guide is not your typical supplement.  There are other places where you can take a deep dive into a particular element of negligence, for example.  What we are striving to do here is give you the high-level context you need in order to piece together the various concepts and legal rules learned in your torts class and identify how you need to apply those to succeed in your course. When we were in law school, we found that we could do well enough just by going to class, reading the coursebook, outlining and taking practice tests.  But where things really came together, and where we got our best grades, were those classes in which we took the time to step back and think about the course as a cohesive whole.  How does this course break down into main concepts?  How are those related and different?  How can I use that knowledge to respond to exam fact patterns in a more systematic and effective way?  That’s what we are hoping to help you with here. We believe that reading through this guide early in the semester will help you more quickly absorb your professor’s lectures, and another read during exam prep will help you synthesize the course as a coherent whole.

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TABLE OF CONTENTS

ABOUT THIS BOOK

PART I: SOME BACKGROUND

Why Is Having A Framework For How To Think About Torts Useful?

What Is Torts?

What Makes Torts Civil And Not Criminal? What’s The Difference?

What Law Forms The Basis For Torts? Common Law v. Statutory Law

Some Of These Torts Sound Like Contract Issues. What Is The Distinction?

If Tort Law Is State Law, Why Am I Not Learning State-Specific Law In My Course?

Why Am I Reading Cases From England In My Torts Class?

What Is A Restatement? Why Am I Reading It?

Different Approaches vs. Different Concepts

PART II: TORTS IN THREE PAGES

An Overview Of Torts

What Are Intentional Torts?

What Is Negligence?

What Is Strict Liability?

Are There Other Types Of Torts Besides Intentional, Negligence Or Strict Liability?

PART III: TORTS ON THE EXAM

How Should I Think About Torts In An Exam Fact Pattern? What Does The Analysis Look Like?

What Is The Prima Facie Case? What Do I Have To Do To Establish The Prima Facie Case?

How Do You Think About Torts For The Exam? A Recap.

What Does A Torts Answer Look Like? What Is The Framework For Answering A Torts Question?

What Does An Intentional Torts Answer Look Like?

What Does A Negligence Answer Look Like? How To Think About A Negligence Answer?

What Does A Strict Liability Answer Look Like?

PART IV: CONCEPTS THAT APPLY TO ALL TORTS CASES

Does Any Party Have Immunity From Liability?

Does Any Party Have Vicarious Liability?

Are There Multiple Defendants?