Jurisdiction in Torts

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
highviolet
Posts: 11
Joined: Thu Jun 23, 2011 2:00 pm

Jurisdiction in Torts

Postby highviolet » Mon Oct 31, 2011 6:43 pm

Anyone know if there are outlines or some other kind of guide that sorts out some of the major rules in torts in terms of jurisdiction? Things like comparative negligence/privity/etc? Maybe this is one of those things you just figure out when you're preparing for exams, but at the moment all these different rules by jurisdiction just feel overwhelming...

User avatar
Judge Philip Banks
Posts: 449
Joined: Fri Aug 13, 2010 4:21 pm

Re: Jurisdiction in Torts

Postby Judge Philip Banks » Mon Oct 31, 2011 11:12 pm

wat

kahechsof
Posts: 332
Joined: Fri Aug 26, 2011 7:26 pm

Re: Jurisdiction in Torts

Postby kahechsof » Mon Oct 31, 2011 11:13 pm

jurisdiction in torts?

kaiser
Posts: 2940
Joined: Mon May 09, 2011 11:34 pm

Re: Jurisdiction in Torts

Postby kaiser » Mon Oct 31, 2011 11:14 pm

I have no clue what OP is talking about. What does comparative negligence or privity have to do with jurisdiction? And what does jurisdiction have to do with the study of torts?

Edit: Or are you asking about which states (i.e. which jurisdictions) have specific comparative negligence statutes?

Transferthrowaway
Posts: 608
Joined: Sat Jan 22, 2011 9:40 am

Re: Jurisdiction in Torts

Postby Transferthrowaway » Mon Oct 31, 2011 11:18 pm

If I understand your question - and it's very possible that I don't because of how incoherent it is - your final exam isn't going to say "Al is driving while texting and hits Bob who is reading a book while crossing the street. This happens in California, by the way, so I hope you remember how they handle shit."

It's more likely that your professor will either write something along the lines of "Fakelandia has enacted the attached statutes regarding contributory/comparative negligence" and you'll have to read the statute quickly, or "Fakelandia uses a pure comparative negligence regime."

shock259
Posts: 1737
Joined: Tue Jan 19, 2010 2:30 am

Re: Jurisdiction in Torts

Postby shock259 » Mon Oct 31, 2011 11:20 pm

Unless your professor has specifically told you that you need to know how each state applies those doctrines, don't worry about it.

User avatar
Judge Philip Banks
Posts: 449
Joined: Fri Aug 13, 2010 4:21 pm

Re: Jurisdiction in Torts

Postby Judge Philip Banks » Mon Oct 31, 2011 11:20 pm

kaiser wrote:
Edit: Or are you asking about which states (i.e. which jurisdictions) have specific comparative negligence statutes?

Ohhh. That is probably what OP was talking about.

But why does OP want to know this...?

User avatar
hdivschool
Posts: 92
Joined: Mon Nov 01, 2010 2:41 pm

Re: Jurisdiction in Torts

Postby hdivschool » Tue Nov 01, 2011 12:03 am

I think the OP is asking if anyone has an outline of the majority and minority jurisdiction rules for various torts elements. This would be important on an exam where your professor doesn't specify the 'Fakelandia' rule, and instead expects you to discuss the different possible rules and policy rationales for Fakelandia's adoption of any particular rule.

User avatar
Judge Philip Banks
Posts: 449
Joined: Fri Aug 13, 2010 4:21 pm

Re: Jurisdiction in Torts

Postby Judge Philip Banks » Tue Nov 01, 2011 2:42 am

hdivschool wrote:I think the OP is asking if anyone has an outline of the majority and minority jurisdiction rules for various torts elements. This would be important on an exam where your professor doesn't specify the 'Fakelandia' rule, and instead expects you to discuss the different possible rules and policy rationales for Fakelandia's adoption of any particular rule.

Every single 1L class discusses the different or alternative possible approaches. You're expected to argue both sides on an exam, and also argue what outcome under different/alternative approaches. For instance, in torts, you learn that contributory negligence is eliminated in most jurisdictions. But on an exam, when you have a hypo that contributory negligence might apply to, you should state the outcome under that approach, but that also most states have some form of comparative negligence and the outcomes under those approaches. Similarly, there are differing approaches to certain issues in all the other 1L classes that you need to do the same thing with. So, OP's professors should be teaching this stuff as it is, and if it still isn't clear, then any existing supplement or hornbook will go through all these diverging approaches.

071816
Posts: 5511
Joined: Thu Mar 31, 2011 8:06 pm

Re: Jurisdiction in Torts

Postby 071816 » Tue Nov 01, 2011 2:45 am

highviolet wrote:Anyone know if there are outlines or some other kind of guide that sorts out some of the major rules in torts in terms of jurisdiction? Things like comparative negligence/privity/etc? Maybe this is one of those things you just figure out when you're preparing for exams, but at the moment all these different rules by jurisdiction just feel overwhelming...


Image

highviolet
Posts: 11
Joined: Thu Jun 23, 2011 2:00 pm

Re: Jurisdiction in Torts

Postby highviolet » Tue Nov 01, 2011 1:50 pm

Unfortunately in my class we need to know how the law is different in specific states - at least when there is a major difference in treatment. My prof doesn't do the fakelandia thing...last years exam was a fact pattern set in NY and the midterm was set in California... Just wondered if there was anything that organized some of the major issues by state. Guess not.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: Baidu [Spider], fosterman90, Google Adsense [Bot], lovesthelaw, StaviTavi1290 and 16 guests