Tort law can be slightly tricky, but it is doable, either as an introductory or as an advanced course.
1. COMBINE EVENTS: The one thing that you should remember about answering questions from a law school fact pattern is that you are combining a series of events. I will call them, "movements." These movements are sewn together to make up one element. Each element has its own set of movements. You must decide as you prepare the answer to a question which movements should be matched with an element. At the end of the question (a/k/a the answer), you must make a decision whether the series of movements, combined, are adequate to make up the requirements for an element. Then you must decide whether the series of movements (for each element) are enough to establish a cause of action. As you know, you need all elements to make up a cause of action for a tortious act.
2. ONE ELEMENT AT A TIME: Yes, you must combine enough events (movements) to show that you can meet one element. Acknowledge how many elements are necessary for a particular tort. Look carefully for the series of events/movements that make up all of the elements. Slowly - check the facts and determine whether you have utilized the facts necessary for each element. Remember, it is called a fact pattern for a reason. You are looking for clues (a pattern of events) that combined (yes, I've already said it once before) make up the element.
3. IDENTIFY THE FACT THAT MATCHES THE ELEMENT: Feel free to use a pen to cross out each fact that "matches" an element. You can use different techniques to designate which fact matches a certain element. You may utilize a straight line to indicate a certain fact type. Drawing a slanted line through words may help you identify a second type of facts. Perhaps, a squiggly line draw will help you draw through another fact type. Another way to match facts with elements may be to circle the words or phrases, that when combined, identify a particular element.
4. HOW WILL I KNOW WHICH FACT(S) MATCH(ES) AN ELEMENT: Let's start with some simple instructions. Let us review.
5. SEE IT. If you can SEE that the movement will cause someone else harm (in any way, shape, manner, fashion or form), then the thing you see will become part of the series of movements to make up an element. I do not care what "it" is that someone saw. If someone is observing (or, participating) in something, then it is movement, and it is part of an element.
6. SMELL IT. If you can SMELL it, then it is a movement that should be included as an element in the fact pattern. Smells are alarming - they often prompt action, provide a warning, or, at the very least, raise an eyebrow to signal the person receiving the smell to act or not act. If an actor in a fact pattern said that she smelled smoke, or that he smelled bacon frying, or that the air smelled "funny or different" then those are movements, which when combined, make up a part of some element.
Remember that tort law covers harm to the person's body (which includes anything related to harm based on the five (5) senses).
7. HEAR IT. Hearing is similar to smell, except that hearing requires noise. Be careful, here, because noise still exists even if not heard by the human ear. If you can HEAR IT, it is likely to be included in a movement or series of movements to make up an element(s) and cause of action. Just as important, however, even if you cannot hear it, if the noise can cause harm, then it is a movement and should be attributed to some element.
8. TASTE IT. The ability to taste something that can cause anyone harm, is probably the easiest of the all of the senses to recognize in tort law. So, if you can TASTE IT, add it to the movement rank and file. Don't forget one very important thing, though. The harm (from tasting something) does not have to occur at the exact same time the person tasted "the item." The harm can occur long after tasting the item. It is true (not to be explained here) that sometimes the harm never comes, but there are times a person will recover. It does not matter that you cannot predict the harm. It does not matter whether you are drinking kool aid or swallowing (hopefully, not) some one else's saliva. It does not matter whether it is food or drink, or in what quantity. If there is a possibility that a harm can occur, then there is a probability that the harm will occur.
9. TOUCH IT. Anything you can (and, do) touch is a movement that will qualify for some element. If you TOUCH IT, you will have some explaining to do to someone or someone will have some explaining to do to you. Again, touching prompts either action or non-action. It can go either way.
These six senses are the lookouts for the elements that make up a cause of action in a tort law question.
I'm coming back ... soon.
Prof. Smith
1. COMBINE EVENTS: The one thing that you should remember about answering questions from a law school fact pattern is that you are combining a series of events. I will call them, "movements." These movements are sewn together to make up one element. Each element has its own set of movements. You must decide as you prepare the answer to a question which movements should be matched with an element. At the end of the question (a/k/a the answer), you must make a decision whether the series of movements, combined, are adequate to make up the requirements for an element. Then you must decide whether the series of movements (for each element) are enough to establish a cause of action. As you know, you need all elements to make up a cause of action for a tortious act.
2. ONE ELEMENT AT A TIME: Yes, you must combine enough events (movements) to show that you can meet one element. Acknowledge how many elements are necessary for a particular tort. Look carefully for the series of events/movements that make up all of the elements. Slowly - check the facts and determine whether you have utilized the facts necessary for each element. Remember, it is called a fact pattern for a reason. You are looking for clues (a pattern of events) that combined (yes, I've already said it once before) make up the element.
3. IDENTIFY THE FACT THAT MATCHES THE ELEMENT: Feel free to use a pen to cross out each fact that "matches" an element. You can use different techniques to designate which fact matches a certain element. You may utilize a straight line to indicate a certain fact type. Drawing a slanted line through words may help you identify a second type of facts. Perhaps, a squiggly line draw will help you draw through another fact type. Another way to match facts with elements may be to circle the words or phrases, that when combined, identify a particular element.
4. HOW WILL I KNOW WHICH FACT(S) MATCH(ES) AN ELEMENT: Let's start with some simple instructions. Let us review.
5. SEE IT. If you can SEE that the movement will cause someone else harm (in any way, shape, manner, fashion or form), then the thing you see will become part of the series of movements to make up an element. I do not care what "it" is that someone saw. If someone is observing (or, participating) in something, then it is movement, and it is part of an element.
6. SMELL IT. If you can SMELL it, then it is a movement that should be included as an element in the fact pattern. Smells are alarming - they often prompt action, provide a warning, or, at the very least, raise an eyebrow to signal the person receiving the smell to act or not act. If an actor in a fact pattern said that she smelled smoke, or that he smelled bacon frying, or that the air smelled "funny or different" then those are movements, which when combined, make up a part of some element.
Remember that tort law covers harm to the person's body (which includes anything related to harm based on the five (5) senses).
7. HEAR IT. Hearing is similar to smell, except that hearing requires noise. Be careful, here, because noise still exists even if not heard by the human ear. If you can HEAR IT, it is likely to be included in a movement or series of movements to make up an element(s) and cause of action. Just as important, however, even if you cannot hear it, if the noise can cause harm, then it is a movement and should be attributed to some element.
8. TASTE IT. The ability to taste something that can cause anyone harm, is probably the easiest of the all of the senses to recognize in tort law. So, if you can TASTE IT, add it to the movement rank and file. Don't forget one very important thing, though. The harm (from tasting something) does not have to occur at the exact same time the person tasted "the item." The harm can occur long after tasting the item. It is true (not to be explained here) that sometimes the harm never comes, but there are times a person will recover. It does not matter that you cannot predict the harm. It does not matter whether you are drinking kool aid or swallowing (hopefully, not) some one else's saliva. It does not matter whether it is food or drink, or in what quantity. If there is a possibility that a harm can occur, then there is a probability that the harm will occur.
9. TOUCH IT. Anything you can (and, do) touch is a movement that will qualify for some element. If you TOUCH IT, you will have some explaining to do to someone or someone will have some explaining to do to you. Again, touching prompts either action or non-action. It can go either way.
These six senses are the lookouts for the elements that make up a cause of action in a tort law question.
I'm coming back ... soon.
Prof. Smith
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