For discussion this week, we will answer questions similar to the questions in Week 3, except in the tort context. This week, please do two things:
1. Evaluate arguments for and against tort reform with a focus on why organizations leave the United States to avoid large tort damage awards. Use some of the terminology from the textbook to help with your arguments. Incorporate the legal terminology from your textbook where appropriate, in both your original post and in your responses to your classmates. Use academic or legitimate news sources, such as The New York Times, the Los Angeles Times, The Washington Post, CNN, MSNBC, Fox News, etc. Please include in your post any links used for your research for your fellow classmates to review and to comment on. Make sure to identify the law at issue or the elements of the cause of action. Do not repeat cases discussed by another classmate.**
2. Tort law permeates society and daily life. Think of a tort issue in your life or the life of someone close to you. Describe the issue. Perhaps you did not pursue litigation, but after your knowledge in this class, do you think you should have? Perhaps you pursued litigation and lost. Is it clear why you lost? Do not feel compelled to tell more information than you are comfortable discussing. Please try to incorporate legal terminology where relevant. Specifically, identify the elements of the tort cause of action and apply facts to each element. If the case is not clear cut, it will be where an element is not clearly met. If an element of a cause of action is clearly not met, there is not a legitimate cause of action.
Please make sure to comment on at least two classmates’ posts. Make sure your comment is relevant and informative. It is imperative that you demonstrate critical thinking in your own post as well as your responses to classmates. You must answer both questions to receive credit. Do not repeat researched cases.** Please remember to log into class throughout the week to contribute to ongoing legal discourse.
**In theory, two students could log on to class at the same time and begin researching the same case, then post their researched case not realizing another student researched the same issue. Should you find yourself in this unlikely scenario, please still post the case you researched and e-mail the instructor.**