A concise, clear, effective review of Tort law topics organized around
the theme of multiple-choice questions. The basic format follows the
same structure established by the first title in the series, Joseph
Glannon’s The Glannon Guide to Civil Procedure. The book includes brief
explanatory text about the topic under discussion, followed by one or
two multiple-choice questions. After each question, the author explains
how the correct choice was chosen. Thus the student reviews course
content and also learns how to analyze exam questions.
Features:
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Integrates multiple-choice questions into a full-fledged review
of the first-year Torts course
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Lead-up discussion of law in the text prepares students to
learn effectively from subsequent questions
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Clear explanations of correct and incorrect answers help to
clarify nuances in the law
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Multiple-choice questions are sophisticated but fair, neither
too difficult nor unrealistically straightforward
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Equally useful to all students, regardless of whether they will
be tested by multiple-choice questions on their exams
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Embodies a far more user-friendly and interactive approach than
other exam preparation aids
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A more challenging final question in each chapter (the “Closer ”
) illustrates a more sophisticated problem in the area under discussion
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“Closing Closer” questions in the last chapter
provide practice and helpful review of concepts in earlier chapters,
meant to test knowledge across the range of Torts issues
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Valuable exam-taking pointers interspersed within the
substantive text
New to the Second Edition:
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New material on “cybertrespass” and other
Internet-related intentional tort
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Updated material on Supreme Court cases governing the preemption of
state tort law claims
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Incorporation of material from the newly approved portions of the
Restatement Third of Torts, Liability for Physical and Emotional Harm,
including detailed treatment of the Third Restatement’s new approach to
Intentional Infliction of Emotional Distress
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Updated material on the Supreme Court’s treatment of constitutional
questions concerning the award of punitive damages
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Additional Closing Closers
1. A Very Short Introduction
2. Torts Basics: The Prima Facie Case and Affirmative Defenses
Part I. Intentional Torts
3. Physical Invasions: (Harmful) Battery, Trespass to Land, Trespass to
Chattels, and Conversion
4. Emotional and Dignitary Torts: Assault, Offensive Battery, and False
Imprisonment
5. Affirmative Defenses to Intentional Torts
6. Intentional Tort Frontiers: Intentional Infliction of Emotional Distress
Part II. Negligence
7. Introduction to Negligence: Corrective Justice, Efficiency, and the Choice
Between Strict Liability and Negligence
8. Breach: The Reasonable Person Standard
9. More Ways of Proving Breach: Custom, Negligence Per Se, and Res Ipsa
Loquitur
10. Affirmative Defenses to Negligence: Contributory Negligence, Comparative
Negligence, and Assumption of Risk
11. Basic Duty Rules: Foreseeable Plaintiffs, the Sports Cases, and Risk
Creation
12. More Duty Rules: Special Relationships, Landowners, and Negligent
Infliction of Emotional Distress
Part III. Causation
13. Actual Cause: ‘‘But for’’ Causation, Its Complications, and Exceptions
14. Proximate Cause: Policy Limitations on the Scope of Liability
Part IV. Strict Liability Torts
15. From Traditional Strict Liability to Strict Liability for Abnormally
Dangerous Activities
16. Nuisance
17. Vicarious Liability
Part V. Products Liability
18. The Prima Facie Case for Products Liability Torts
19. Products Liability Torts Defenses, Including Preemption
Part VI. Damages
20. Compensatory Damages
21. Mitigation, Offsetting Benefits, and Collateral Sources
22. Joint and Several Liability
23. Punitive Damages and their Constitutional Limitations
24. Closing Closers