Tort Law / Edition 4

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Hardcover New 1428318496 New book. STUDENT US EDITION. CD INCLUDED AND SEALED. Packaged carefully and ships immediately! ! Excellent Customer Service. All Orders Backed by ... Hassle-Free Returns. Read more Show Less

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This is an easy-to-read text for paralegals/legal assistants who are studying the basic elements of tort and insurance law. The author uses hypothetical situations designed to stimulate reader interest and suggest general issues to be discussed. Tort Teasers pose questions and present actual cases that challenge the reader to apply and integrate the tort law concepts presented. Practical pointers highlight procedural skills relevant to legal assistants. Case studies used represent those most likely encountered in actual practice and provide opportunities to practice reading and analyzing cases.
Study Guide, ISBN: 0-7668-0382-1
Instructor’s Manual, ISBN: 0-7668-0381-3
Computerized Test Bank, ISBN: 0-7668-1254-5
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Editorial Reviews

From the Publisher
"The major strengths of the book are: organization; visual presentation; emphasis on real world application. With regard to organization, the material is presented logically and in accordance with how I think students will be able to start to understand what tort law is all about. It starts out slow and builds on important concepts as the book progresses. With regard to visual presentation, the book does a great job of presenting the material in an easily accessible format. Important concepts are clearly delineated throughout the chapters in a logical fashion. With regard to real world application, it's important for students to grasp how the concepts are applied in the real world. This text does a great job in providing realistic examples throughout the text material in addition to the generous case opinions."
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Product Details

  • ISBN-13: 9781428318496
  • Publisher: Cengage Learning
  • Publication date: 8/5/2008
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 689
  • Product dimensions: 8.70 (w) x 10.90 (h) x 1.50 (d)

Meet the Author

Dr. Linda L. Edwards was an attorney and author, having written or co-written seven textbooks in the legal assistant field. She was an instructor in the Justice and Legal Studies Department at Phoenix College for 24 years until her retirement in January 2001. During her tenure as program director, she was responsible for creating dozens of new classes in both legal assisting and criminal justice.

J. Stanley Edwards has been an Arizona attorney since 1975. Although he started out as a patent attorney, he has been a general practitioner for all but two of those years. He co-authored five textbooks on paralegal studies with his late wife, Dr. Linda Edwards. He was a judge pro tem in the civil division of the Maricopa County Superior Court and what is now the Family Court. Additionally, he is a certified arbitrator in the District Court of Arizona. He has also practiced before the 9th Circuit Court of appeals and is an inactive member of the State Bar of Colorado.

A litigation associate at Snell & Wilmer before becoming a trial attorney for the E.E.O.C., Trisha has been in private practice since 1999, and has served as a judge pro tem for the Maricopa County Justice Courts and for the City of Phoenix Municipal Court. As an adjunct instructor at Phoenix College since 1999, Trisha has taught the tort law class from prior editions of Tort Law.

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Table of Contents

INTRODUCTION: Chapter Objectives. Background. What is a Tort? Reasonableness of Conduct. Publiuc Policy. Morality of Conduct. "Slipery Slope" Arguments. Creation of Case Law. Relationships Between Tort Law and Other Areas of the Law. Brief History of Tort Law. Case. Coming Full Circle. Classification of Torts. Summary. Tort Teasers. Key Terms. THE OVERVIEW OF A TORT CASE: Initiating a Complaint. Defendant's Response. Discovery. Pretrial Procedures. Trial. Posttrial. Emphasis on Discovery Throughout This Text. Summary. Tort Teasers. Key Terms. INTENATIONAL TORTS: Chapter Objectives. What is an Intentional Tort. Intentional Torts Against Persons. Intentional Torts Against Property. Case:" Katko vs. Briney." Defenses. Putting It Into Practice. Summary. Practice Pointers - Drafting Complaints. Tort Teasers. Key Terms. NEGLIGENCE: AN OVERVIEW. Chapter Objectives. Definition of Negligence. Duty. Breach of Duty. Causation. Damages. Function of Judge and Jury. Application. Summary. Practice Pointers - Demand Letters. Key Terms. NEGLIGENCE: DUTY. Chapter Objectives. Overview of Duty. Possessors of Land. Trespassers. Licensees. Invitees. Common Law Disticntions Today. Outside the Possessor's Property. Landlord/Tenant Liability. Case: "Riss vs. New York (dissent)." Case: "Kline vs 1500 Massachusetts Avenue Apartment Corp." Sellers of Land. Duty to Protect or Aid Others. Unborn Children. Vicarious Liability. Application. Summary. Practice Pointers - Jury Instructions. Tort Teasers. Key Terms. NEGLIGENCE: BREACH OF DUTY. Chapter Objectives. What is Reasonable Conduct? Learned Hand Formula. Case: "Eimann vs. Soldier of Fortune Magazine." Restatement Position.Reasonable Person Standard - Objective vs. Subjective. Defendants with Special Characteristics. Children. Emergencies. Case: "Cordas vs. Peerless Transportation Co." Custom. Professions. Negligence Per Se. Automobile Guest Statutes. Res Ipsa Loquitur. Application. Summary. Practice Pointers - Researching Statutory Law. Tort Teasers. NEGLIGENCE: CAUSATION: Chapter Objectives. Actual Cases. Case: "Wollen vs. De Paul Health Center." Proximate Cause. Case: "Palsgraf vs. Long Island R.R. Co." Exceptions to the Cardoza Rule. Intervening Causes. Case: "Ontiveros vs. Borak." Application. Summary. Practice Pointers - Pre-Existing Conditions. Tort Teasers. Key Terms. NEGLIGENCE: DAMAGES. Chapter Objectives. Categories of Damages. Illustration of Damages. Shortened Life Expectancy. Collateral Source Rule. Expenses of Litagation. Damages of Physical Harm to Property. Damages in Product Liability Cases. Punitive Damages. Recovery for Loss of Consortium. Wrongful Death and Survival Actions. Discounting Furture Damages. Mental Suffering. Application. Summary. Practice Pointers - Assessment of Damages. Tort Teasers. Key Terms. NEGLIGENCE: DEFENSES. Chapter Objectives. Contribuatory Negligence. Comparative Negligence. Case: "McIntire vs. Balentine." Assumption of Risk. Immunities. Case. Statutues of Limitations and Statutes of Repose. Application. Summary. Practice Pointers - Preparing a Defence (Locating Records). Tort Teasers. MALPRATICE: Chapter Objectives. What is Reasonable Care? How Negligence Can Occur. Case: "Togstad vs. Vesely, Otto, Miller, and Keefe." Specialists. Informed Consent. Battery Versus Negligence. Defenses to Professional Negligence. Maintaining Adequate Records. Underlying Cause of Professional Negligence Suits. How to Prevent Professional Negligence Suits. Medical Malpractive Crisis. Summary. Practice Pointers - Independent Medical Examinations. Tort Teasers. Key Terms. MISREPRESENTATION, NUISANCE, AND OTHER TORTS: Chapter Objectives. Development of Misrepresentation and Its Relationship to Other Torts. Intentional Misrepresentation. Negligent Misrepresentation. Case: "Gibbs vs. Ernst." Innocent Misrepresentation. Nuisance. Case: "Wood vs. Picillo." Interferance with Business Relations. Misuse of Legal Process. Summary. Practice Pointers - Trial Exhibits. Tort Teasers. Key Terms. STRICT LIABILITY: Chapter Objectives. Overview of Strict Liability. Strict Liability for Harm Caused by Animals. Abnormally Dangerous Activities. Case: "Yukon Equipment, Inc. vs. Fireman's Fund Inc. Co." Product Liability. Limitations on Strict Liability. Summary. Practice Pointers - Evidence Collection and Preservation. Tort Teasers. Key Terms. PRODUCT LIABILITY: Chapter Objectives. Overview of Product Liability. Theories of Recovery. Types of Losses. Types of Defects. Case: " Turner vs. General Motors Corp." Defenses. Summary. Practice Pointers - Expert Witnessess. Tort Teasers. Key Terms. DEFAMATION AND RELATED TORTS: Chapter Objectives. Libel vs. Slander. What is a Defamatory Statement? Case: "Street vs. National Broadcasting Co." Priviledges. Invasion of Privacy. Case: "Douglas vs. Hustler Magazine, Inc." Injurious Falsehood. Summary. Practice Pointers - Getting Information About and Unpublished Decision. Tort Teasers. Key Terms. VICARIOUS LIABILITY: Chapter Objectives. Overview of Vicarious Liability. Employer-Employee Relationship. Employers - Independent Contractors. Case: "Santiago vs. Phoenix Newspapers, Inc." Bailments. Imputed Contribuatory Negligence. Parental Liability. Summary. Practice Pointers - Interrogatories. Tort Teasers. Key Terms. JOINT LIABILITY: Chapter Objectives. Joint and Several Liability. Case: "Hall vs. Du Pont, De Nemours, and Co., Inc." Satisfaction. Contribution. Release. Case: "Panasuk vs. Seaton." "Mary Carter" or "Gallagher" Agreements. Indemnification. Summary. Practice Pointers - Releases. Tort Teasers. Key Terms. TORT REFORM: Chapter Objectives. Goals of the Tort System. Historical Roots of Tort Reform. Focus of Today's Reformers. Is There Really a Problem? Tort Reform in Practice. An Alternative View. Summary. Tort Teasers. AUTOMOBILE INSURANCE. BAD FAITH. WORKER'S COMPENSATION.
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