I spent most of my first semester of law school in a state of total confusion. On a day-to-day basis, I was holding it together. I kept up with the readings, took careful notes, and was prepared for cold calls. Although I was able to make sense of each class and case individually, I had no clue how the different cases, legal rules, commentary, and history all fit together. It wasn’t until the end of the course — when I wrote an outline to study for the exam — that I began to see how the different pieces fit together.

I’ve created this roadmap as a way for you to understand how parts of the course fit together in a big-picture way even as we take a case-by-case approach to individual lessons.¹

I. Introduction

What are we here to learn? How can we do that well?

II. Remedies

What are the stakes? What do I get when I win? What do I lose when I lose?

A. Damages

• Compensatory damages
• Punitive damages

B. Other Remedies

• Nominal damages & declaratory judgment
• Injunctions

III. Negligence

Tort law’s major contribution

A. Introduction to the Concept

Introducing the reasonable person…

B. Duty / Breach

No duty, no negligence

• Physical harm
• Nonphysical harm

C. Causation

If a butterfly flaps its wings, can you sue it for affecting the path of a tornado that destroys your house?

• Factual cause
• Proximate cause
• Joint and several liability

D. Defenses

Even when your client is negligent, here’s how you can still win…

• Contributory and comparative negligence
• Assumption of risk

IV. Strict Liability

Liability without (explicit) findings of fault

A. Traditional view

If you play with dynamite, you pay damages

B. Products liability

Unique role of manufacturers in society…

• Manufacturing defects
• Design defects
• Warnings
• Defenses

V. Intentional Torts

Aren’t you glad I’m covering this in a different semester from when you’re taking criminal law?

A. Intent

B. Types of Intentional Tort

• Assault and battery
• False imprisonment
• Intentional infliction of emotional distress

C. Defenses

How to intentionally harm others and not pay damages

• Consent
• Self defense
• Necessity

VI. Alternatives to Tort

I hope we have time for this