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Torts Exam Response Formula; PLEASE HELP!

Posted: Thu Jul 04, 2013 12:28 am
by AryanBarbarian82
I would really appreciate some help on how to generally set up a torts negligence response where there are multiple defendants, all negligent and how to separate their claims into different sections.

I've taken numerous practice exams for my torts class and I keep running into an issue with how to set up my response:

For example;

The last practice test I took was a situation where there were multiple defendants were negligent, all jointly liable for the P's injury. How I decided to write the response was to go through and start with the first defendant and show his Duty - Breach - Actual Cause - Proximate Cause and then Harm. This seemed to be working alright until I ran into trouble with the other D's contribution of negligence to the P's injury. When I got to the Actual Harm stage of my repsonse for the first persons liability, I felt the urge to include discussion of the other defendants role in the injury as well, this really screwed me up.

I guess what I am asking is, should I evaluate the claims against each D seperately and go through the Breach-Duty-Actual cause-Prox cause- harm evaluation for each one? Or would it be better to combine them somehow and if so, how would I do that?

Again, if any of you know a good guideline for how to set up a torts exam response and would be willing to share, it would be greatly appreciated, Thanks!

Re: Torts Exam Response Formula; PLEASE HELP!

Posted: Fri Jul 12, 2013 12:39 pm
by Law Student 1234
I had a very similar negligence essay in my torts class. What I did was exactly what you did and went through each defendant separately discussing each element. But after I was done with all of the defendants I wrote a section of the essay that discussed contributory negligence of each of the defendants. I remember after the exam many students were talking about how difficult it was in organizing this type of question because of the exact same problem you ran in to. My best suggestion would be to possibly go to an upperclassman or someone at your school such as deans writing fellow to discuss the best way to approach a question like this. Before my first set of exams I had a deans fellow look over a bunch of practice essays which helped me a lot in organization. Just a few tips hope it all helps!

Re: Torts Exam Response Formula; PLEASE HELP!

Posted: Fri Jul 12, 2013 12:56 pm
by swimmer11
Are you an 0L

Re: Torts Exam Response Formula; PLEASE HELP!

Posted: Fri Jul 12, 2013 2:16 pm
by sundance95
swimmer11 wrote:Are you an 0L

some schools have summer starts--I sincerely hope that is the case here