Revised May, 2010 Delaware Technical & Community College Georgetown ■ Dover ■ Stanton ■ Wilmington DELAWARE TECHNICAL & COMMUNITY COLLEGE Campus: Terry Department: Office Administration/Paralegal Course Number and Title: OAT 173 Civil Procedure & Torts Instructor Name: Telephone: Email: Prerequisite: RDG051, ENG051 Course Hours and Credits: 3 Credits 3 Lecture Hours/ Week Course Description: The process of civil litigation and torts will be introduced, as well as interviewing and investigative skills. The course also includes the substantive law of torts and insurance, in addition to case investigations. Required Text(s): See instructor Additional Materials: As specified in an instructor handout. Method of Instruction: Campus classroom Manuals: None Disclaimer: Not applicable Core Course Performance Objectives: The student will be able to: 1. Utilize basic legal terminology in written and oral communications. (CCC 1, PGC 1) 2. Plan and complete a client interview. (CCC1, 5, PGC5) 3. Discuss pre-trial process (CCC1, PGC 4,5) 4. Discuss problems involved in the conduct of trial proceedings. (CCC1,2,4 PGC 3,4,5) 5. Identify forms of judicial remedies. (CCC1,5,7 PGC 4,5) 6. Discuss basic tort law. (CCC1,5 PGC4,5) 7. Identify the elements required to establish negligence. (CCC1,2 PGC 4,5) 8. Apply theories of strict liability and product liability. (CCC1,2 PGC4,5) Measurable Performance Objectives: 1. Utilize basic legal terminology in written and oral communications. 1.1 Define basic terms associated with trial procedures. 1.2 Use terminology associated intentional and unintentional torts. 1.3 Identify legal terminology used in personal injury issues. 1.4 Use legal terminology associated with insurance. 2. Plan and complete a client interview. 2.1 List obstacles to communication and methods of overcoming them. 2.2 Identify types of information essential to a legal interview. 2.3 Prepare questions to be used in a client interview. 2.4 Interview a client to obtain legal information to be used in civil procedures. 2.5 Assess the impact an interview would have on a jury. 3. Discuss the pre-trial process. 3.1. Describe how a case is brought to trial. 3.2. Discuss the effect motions have on the course of litigation. 3.3. Explain the purpose of discovery. 3.4. Explain how a complaint originates and where it is filed. 4. Discuss problems involved in the conduct of trial proceedings. 4.1. Discuss problems frequently encountered with the selection of juries. 4.2. Identify examples of problems related to witnesses. 4.3. Explain rules regarding the admissibility of evidence. 4.4. Discuss the effect of motions to the trial proceedings. 5. Identify forms of judicial remedies. 5.1. Identify examples of remedies used in cases involving breach of contract. 5.2. Describe circumstances when punitive damages would be awarded. 5.3. Identify legal application of equitable remedies. 6. Discuss basic tort law. 6.1. Distinguish between a private and a public wrongdoing. 6.2. Give examples of intentional torts. 6.3. Identify defenses to intentional torts. 6.4. Discuss remedies for torts. 7. Identify the elements required to establish negligence. 7.1. Define “negligence”. 7.2. Identify defenses to negligence. 7.3. Explain the concept of “assumption of risk”. 7.4. Discuss the concept of “duty of care”. 7.5. Explain “proximate cause”. 7.6. Compare and contrast contributory and comparative negligence. 8. Apply theories of strict liability and product liability. 8.1. Differentiate product liability from ordinary negligence. 8.2. Give examples where strict liability is applied. Evaluation Criteria/Policies: Students will demonstrate proficiency on all measurable performance objectives at least to the 75 percent level to successfully complete the course. The grade will be determined using the College Grading System: 92 – 100 = A 83 – 91 = B 75 – 82 = C 0 – 74 = R Students should refer to the Student Handbook for information on Academic Standing Policy, Academic Honesty Policy, Student Rights and Responsibilities, and other policies relevant to their academic progress.