Tort Law: Cases, Perspectives, and Problems
Thomas C. Galligan Jr., Phoebe A. Haddon, Frank L. Maraist, Frank M. McClellan, Michael Rustad, Nicolas P. Terry, Stephanie M. Wildman
LexisNexis, Oct 26, 2007 - Law - 1078 pages
The Fourth Edition of this unique casebook has been dramatically revised. This new edition presents the important cases, statutes, empirical data, and competing tort theories in a problems-oriented format that is designed to help students acquire a sophisticated understanding of tort law through active learning. As before, the text includes a large number of problems Now, however, the Problems, updated and considerably expanded, are organized in Sets at the end of each substantive chapter. This extensively re-written and reorganized edition includes the classic common law torts cases, but is updated throughout with teachable, cutting-edge decisions that will demand student interest and hold their attention. Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts.
Chapter One is unique among American torts casebooks in its examination of how the dominant twenty-first century tort theories influence judicial decisionmaking and scholarship. That chapter explains six key perspectives on tort law:
• Law and Economics;
Chapter One references the famous McDonald's hot coffee litigation as a case study to illustrate these perspectives in action. Subsequent chapters continue to work through that case study and continually reference the perspectives to explain or challenge the decided cases.
The authors seek to provide students with innovative cases and problems, empowering them with practical skills. By exposing students to the most important contemporary tort law theories, the Fourth Edition of this casebook encourages students to go beyond passively memorizing case holdings and the voyeuristic experience of reading appellate opinions and truly gain perspectives on tort law.
This eBook features links to Lexis Advance for further legal research options.
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PERSPECTIVES ON TORT
b Applying Social Justice to the Hot Coffee Case
Introduction to Bases of Liability in Tort
E The Procedural Stages of a Tort Case 1 Finding Legal Representation
PreTrial Settlement PreLitigation Case Preparation
bDJN Filing a Complaint XXI 5 Jury or Bench Trial
Motion to Dismiss or Demurrer 7 Defendants Answer
Preliminary Objections 9 Pretrial Discovery
CAUSE IN FACT
LIABILITY WITHOUT FAULT
NUISANCE AND ENVIRONMENTAL
Trial 13 Opening Statement
Plaintiff s Case in Chief 15 Rulings on Admissibility of Evidence
Jury Instructions 18 Directed Verdict and Judgment Notwithstanding the Verdict J N O V
Motion for Remittitur or Additur
F A Case to Study Perez v Wyeth Laboratories
DEFENSES TO INTENTIONAL TORTS
THE STANDARD OF CARE