MVV102K The Law of Personal Injury: Compensating Victims of Carelessness and Wrongdoing

Faculty of Law
Spring 2012
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Douglas G. Mortensen, JD (seminar tutor), doc. JUDr. Jiří Valdhans, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law – Faculty of Law
Contact Person: Mgr. Eva Kolečková
Supplier department: Department of International and European Law – Faculty of Law
Timetable of Seminar Groups
MVV102K/01: Wed 21. 3. 13:30–15:00 209, Thu 22. 3. 8:00–9:30 025, Mon 26. 3. 16:40–18:10 025, Tue 27. 3. 15:05–16:35 025, Wed 28. 3. 8:00–9:30 025, Thu 29. 3. 8:00–9:30 025
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
  • Law (programme PrF, M-PPV)
Course objectives
The objective of this course is to give students an accurate view of how the adversary judicial system of one country (USA) deals with this problem: "If I get hurt and you caused it, what are we going to do about it?"
Syllabus
  • Day 1: Introduction Who really cares and why should they? Hypothetical #1: Explosion at steel mine kills 4 miners, 2 mining company managers and 3 invited visitors. It also badly injures a miner and a visitor. During investigation of explosion, groundwater contamination is discovered that has been present for 20 years. Surrounding residents have been dying of cancer and newborns have been coming out deformed. (Discussion and addition to this hypothetical will continue throughout course) Background: * The World of "Non Law" * Law between countries * Constitutional law of countries * Statutes made by legislatures * Regulations made pursuant to statutes * Rules of procedure made for lawyers * The "common law" made by judges in cases * Criminal Law and Civil Law * Civil Law: The law of contracts The law of torts This course will focus on civil tort law, a relatively tiny area of law. It must be insignificant and unimportant in the big scheme of things, right? Maybe not. TORT LAW: WHAT TO DO WHEN PEOPLE GET HURT. Balancing Interests and the Reasonable Person Standard Who’s doing the balancing and whose interests are being put on the scale? 1. How important is mining? How badly do we need steel? 2. How dangerous is the activity? Can you mine steel without explosives? Without creating waste water? Should the law hold those engaged in ultra hazardous activities to a higher standard of care? 3. What do we mean by "standard of care"? What is "the reasonable person standard"? 4. What would it cost to make the mining process so safe that nobody gets hurt? Is the burden of safety precautions too high? 5. When do legislatures enter the field? Who influences how they change the law? Three Movies worth seeing: A Civil Action (John Travolta), Erin Brockovich (Julie Roberts), Silkwood (Cher)
  • Day 2: Dangerous Products 1. Children’s pajamas made out of flammable material? 2. Weight loss pills that cause heart damage? 3. Cigarettes?
  • Day 3: Car Crashes (and injuries to bikers, motorcyclists, bus passengers, joggers) 1. Young drivers, old drivers, drivers with physical handicaps 2. Sleepy drivers 3. Drunk drivers 4. Inattentive drivers
  • Day 4: Medical Negligence When people who are supposed to make you not hurt make you hurt more: carelessness by doctors, nurses, hospitals and rest homes.
  • Day 5: Fraud, Defamation and other civil wrongs Cheating people, saying untrue bad things about them and other bad behavior.
  • Day 6: Review, Exam, Review of Exam
Literature
  • Study materials will be handed over to the students before and during the course.
Teaching methods
lecture, discussion
Assessment methods
The final exam will consist of 30 multiple choice questions and 2 essay questions. Students may obtain extra credit (which they may use to partially offset a poor test score) by viewing and reporting on a film (among 4 selections) dealing with the legal response to an unsafe product or practice. (The instructor will provide the selected films).
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
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