Last minute Torts question

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Last minute Torts question

Postby jeffcooon » Thu Dec 07, 2017 8:58 am

It seems like my torts exam is going to have 1 big essay consisting of multiple fact patterns with A suing B, A suing C, A suing D, etc.

In a essay like this, do I have to prove all the elements of negligence/strict liability/product liability in each suit? i.e. - touch upon all the duty, breach, causation, damage in each suit.

Because when I was doing a practice exam, in a A suing B paragraph - I only spotted duty (nonfeasance) related issue. I just don't know how I am going to talk about causation for this paragraph because there's lack of information or it's hard to connect.

And in another paragraph about A suing D - I spotted only breach (res ipsa). I don't know how other elements will be raised.

Anyways, looking forward to your answers!

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Re: Last minute Torts question

Postby 2807 » Thu Dec 07, 2017 10:12 am

I think you just showed how to answer the questions.
Trust your instincts.

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Re: Last minute Torts question

Postby SilvermanBarPrep » Thu Dec 07, 2017 2:17 pm

Analyze each individual element of any torts you are writing about. Think about if you were taking apart an electronic device and had to prove that thing you were taking apart was a radio. Assuming a radio (and nothing) else consists of a very specific set of parts, you would take the thing apart, analyze each individual part and then only after analyzing each part conclude that the thing was a radio. That's what legal analysis is all about--you take the thing (tort, crime, etc.) apart, analyze each part, then put it back together when drawing a conclusion after analyzing each part.

Sean (Silverman Bar Exam Tutoring)


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Re: Last minute Torts question

Postby SomewhatLearnedHand » Thu Dec 07, 2017 2:23 pm

Something my torts prof always said was along the lines of assume nothing. When you go to court, you have to prove each element of negligence, no matter how obvious it may seem. Do the same for the exam, with this caveat- if its that obvious, don't spend a ton of time on it. Drop one or two facts pointing to why the issue will be decided a certain way, give a possible small counter argument, and quickly move on.

Depends on the professor, and if they want this (so you should ask them), but I've heard some who will allow you to say something along the lines of "The issue of breach is undisputed in this case." Even then I'd drop a quick fact supporting that.

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