Southern Utah University

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Southern Utah University
Southern Utah University
Fall Semester 2025

Torts (Online)

LEGL 1700-30I

Course: LEGL 1700-30I
Credits: 3
Term: Fall Semester 2025
Department: PSCJ
CRN: 32429

Course Description

Course Description:

This course studies the law of torts. Common torts include personal injury and damages to persons and property. Topics covered include negligence, intentional torts, strict liability, misrepresentation, bad faith, malpractice, and various miscellaneous torts.

Instructor Information

Instructor Information:

Garth Winn
Email (preferred method of contact): garth.winn@gmail.com
Cell Phone: (435) 590-9781 (Please text first. Calls can be scheduled for more lengthy questions.)
Office Hours: I have no on campus office, but I encourage you to e-mail or text if you have any questions or concerns. For more than simple questions, we can schedule a call or virtual meeting at your request. Don’t wait until the last minute to try to schedule a meeting.

Introduction:

I have recently retired after nearly 40 years of practicing law. For most of that time I represented and advised large businesses involved in federal litigation, primarily relating to intellectual property torts. For the last 7–8 years I have also been teaching occasional courses at SUU as an adjunct professor. The main reason I teach is because I like interaction with students. I hope you will feel free to contact me with questions, concerns and suggestions about the class or its subject matter. I am always open to feedback on how the class is going and am willing to make changes to improve your learning.

Required Texts

Required Texts:
The required text book is Personal Injury and the Law of Torts for Paralegals, Wolters Kluwer (Aspen) Publishing, by Emily Lynch Morissette. The current edition is the 6th edition, which is what will be available at the SUU Bookstore. The sixth edition is very pricey. However, it is an excellent text and you may find it worth the cost.
However, for the more cost conscious among you, I will be teaching from the 5th edition, since I already have that one. A quick review of the two suggests that updates in the 6th edition will not be critical to our class. I understand that you can find the 5th edition online. You can also find used hard copies of the 5th edition that cost less than the 6th edition.

Learning Outcomes

Understand the concept and elements of negligence and be able to apply it to various fact scenarios.
Know the elements of the primary intentional torts and be able to apply them to various fact scenarios.
Understand and be able to determine what types of damages are available for torts.
Demonstrate legal writing skills.

Course Requirements

Course Structure:

Modules: The course is structured using 13 modules. The modules are generally scheduled to be completed one per week during the semester. You are encouraged to keep current and not get behind. However, I will not grade your work before the scheduled due date. This is so that I can grade the entire class at the same time to be more uniform in assessing grades.

Reading and Quizzes

Each module includes: 1) a reading assignment from the text; and 2) a quiz covering the reading assignment. Some modules also include additional projects or assignments. Quizzes are intended to be fairly easy if you have read and understood the reading assignment. The quizzes can include both multiple choice and essay questions and will be open book and open Internet. The quizzes are intended to guide your study and reading and to encourage your own research (a quick google search for some of the questions should be sufficient). The quizzes are not intended to be difficult and, if you complete them in a timely manner, should bolster your grade. In general, the quizzes are due by 11:59 pm on the Friday night of the week of the module. I encourage you not to wait until the last minute to take the quiz. If you do, I likely will be unavailable to answer your questions. Quizzes will account for 30% of your grade.

Projects/Assignments

There will be several short projects/assignments due throughout the semester. The content and directions for each will be provided in various modules. Projects will account for 30% of your grade.

Exams

I currently anticipate that we will have a mid-term and a final exam and that each will be a combination of multiple choice and essay questions. The final will not be cumulative and each exam will account for 20% of the final grade (for a total of 40%). The exam questions will include more short answer and essay questions than the quizzes. In addition, the exams will be closed book, closed Internet and timed. While the quizzes are intended to guide your study, the exams are intended challenge you and assess your learning.

Grading

As a litigator I have come to believe that in most cases a persuasive argument can be made for both sides. As a result, essays and written projects will be graded on how well you support your response and whether you can persuasively defend your position. In my mind, when I ask for a written response, your goal is to persuade me that you can spot the relevant legal issues and that you understand them. Stating black letter law is good, but applying the law to the facts in the question and reaching a well-reasoned response is better—even if I disagree with your conclusion.
Each quiz, paper/project and exam will be equally weighted within its respective category and the point value of each question on a quiz or exam will be stated in the quiz or exam. I reserve the right to scale the class scores on any quiz or exam. I will not scale any score lower than the raw score received.
All submitted work product will be graded on both substantive content (i.e., have you correctly applied the relevant law), and writing (e.g., grammar, spelling, persuasiveness, use of appropriate vocabulary and general readability). Your reasoning and explanations will be a significant portion of your grade. In writing an answer your goals are: 1) is to answer the specific question asked, and 2) persuade me that you understand the course material. Therefore, don't skimp on your explanations.
In general, each module corresponds to a week and I have established due dates accordingly. With the exception of the Exams and discussions, you are welcome, and even encouraged, to proceed through the modules ahead of the weekly schedule. However, I will not grade any papers before the due date.
The use of generative AI for quizzes, projects or exams is prohibited. Within this course, all submitted assignments should be written, developed, created, or inspired by you. If any work is created by artificial intelligence (AI) it will be considered plagiarized work and a violation of SUU Policy 6.33: Academic Integrity. This could result in a failing grade to disciplinary action through the Dean of Students’ Office. AI is an evolving technology and will impact our academic, professional, and personal lives. It is important that as part of your education, you learn to critically think, create, and evaluate products/assignments. Generative Artificial Intelligence (AI) tools, such as ChatGPT and BingAI, are not allowed to be used in creating work product (e.g., quizzes, projects or exams) in this class. Although the use of these types of tools may be allowed in other classes or are used professionally, this class will focus on learning foundations without the aid of generative AI. Any perceived use of generative AI will be investigated for possible submission to the university as cheating.

Instructor's policies on late assignments and/or makeup work

I expect all deadlines to be met—meaning that your submission must be received in Canvas before the posted deadline. However, I recognize that some of you will not do so. Thus, I will accept late quizzes and papers up through midnight on December 6, 2025. For late quizzes I will deduct an additional 10 points from your grade if it is submitted after the deadline but before I post grades (which will usually be the Monday or Tuesday following the due date and will usually include model answers for the essay questions). For quizzes submitted after the grades are posted I will deduct 25 points from your grade. For projects/papers I will deduct 10 points for each full or partial week it is late up to a maximum of 40 points.
For quizzes, discussions, papers/projects and exams that are not turned in you will be given a zero. As you can appreciate a low grade is much better than a zero. For this reason I encourage you to stay on or ahead of the posted deadlines and to submit every assignment—even if it is late.
Late exams will not be accepted without prior approval.

Course Outline


I intend to follow the course structure as outlined below, but reserve the right to make changes to that structure or any other aspect of the Syllabus at my discretion. If generally applicable, such changes will be announced to the entire class through Canvas.

Schedule Of Assignments And Activities:

Module One: August 27–September 5
  • Introduction to Torts and Negligence
Module Two: September 8–12
  • First Element of Negligence: Duty
Module Three: September 16–21
  • Second Element of Negligence: Breach of Duty and Third Element of Negligence: Causation of Injury
Module Four: September 22–26
  • Fourth Element of Negligence: Damages
Module Five: September 29–October 3
  • Special Issues Related to Negligence
Module Six: October 6–10
  • The Defenses to Negligence
Module Seven: October 13–17
  • Medical Malpractice
Mid-Term Exam: October 15–17
Module Eight: October 20–24
  • Intentional Torts to Persons
Module Nine: October 27–October 31
  • Intentional Torts to Property and The Defenses to Intentional Torts and Immunities
Module Ten: November 3–7
  • Strict Liability and Products Liability
Module Eleven: November 10–14
  • The Tort Litigation Process Before Trial
Module Twelve: November 17–21
  • The Tort Litigation Process During Trial; the Appeals Process
Module Thirteen: December 1–5
  • Nuisance and Workers Compensation
Final Exam: December 8–10

Attendance Policy

Attendance/method of instruction: This course is offered online through Canvas. Students are expected to spend the same amount of time in their Canvas classroom, with their studies, assignments, etc. as is expected of students in an in-person classroom environment. Each week students will be assigned readings, studies, homework/discussions, project work, etc. and they are to complete such matters in a timely fashion.

Computer System Requirements:

SUU Online lists computer systems requirements for students who are taking Canvas classes. You should check your home computer to be sure you have the proper systems. Of course, you may use computers on campus including those in the library. Public libraries also have computers but may not have needed systems and may have limited availability. It is up to each student to be sure he or she has adequate computer availability for this course. Computer related questions should be posed to the SUU Help Desk. Do not wait to report problems.
Note: Students must have technical skills to be successful in an online class using Canvas such as the ability to use email with attachments, copying and pasting, using Word and PDF. Please let the instructor know immediately if you are deficient in such technical skills.

Other Required SUU Syllabus Information:

ADA Statement

Students with medical, psychological, learning, or other disabilities desiring academic adjustments, accommodations, or auxiliary aids will need to contact the Disability Resource Center, located in Room 206F of the Sharwan Smith Center or by phone at (435) 865-8042. The Disability Resource Center determines eligibility for and authorizes the provision of services.

If your instructor requires attendance, you may need to seek an ADA accommodation to request an exception to this attendance policy. Please contact the Disability Resource Center to determine what, if any, ADA accommodations are reasonable and appropriate.

Academic Credit

According to the federal definition of a Carnegie credit hour: A credit hour of work is the equivalent of approximately 60 minutes of class time or independent study work. A minimum of 45 hours of work by each student is required for each unit of credit. Credit is earned only when course requirements are met. One (1) credit hour is equivalent to 15 contact hours of lecture, discussion, testing, evaluation, or seminar, as well as 30 hours of student homework. An equivalent amount of work is expected for laboratory work, internships, practica, studio, and other academic work leading to the awarding of credit hours. Credit granted for individual courses, labs, or studio classes ranges from 0.5 to 15 credit hours per semester.

Academic Freedom

SUU is operated for the common good of the greater community it serves. The common good depends upon the free search for truth and its free exposition. Academic Freedom is the right of faculty to study, discuss, investigate, teach, and publish. Academic Freedom is essential to these purposes and applies to both teaching and research.

Academic Freedom in the realm of teaching is fundamental for the protection of the rights of the faculty member and of you, the student, with respect to the free pursuit of learning and discovery. Faculty members possess the right to full freedom in the classroom in discussing their subjects. They may present any controversial material relevant to their courses and their intended learning outcomes, but they shall take care not to introduce into their teaching controversial materials which have no relation to the subject being taught or the intended learning outcomes for the course.

As such, students enrolled in any course at SUU may encounter topics, perspectives, and ideas that are unfamiliar or controversial, with the educational intent of providing a meaningful learning environment that fosters your growth and development. These parameters related to Academic Freedom are included in SUU Policy 6.6.

Academic Misconduct

Scholastic honesty is expected of all students. Dishonesty will not be tolerated and will be prosecuted to the fullest extent (see SUU Policy 6.33). You are expected to have read and understood the current SUU student conduct code (SUU Policy 11.2) regarding student responsibilities and rights, the intellectual property policy (SUU Policy 5.52), information about procedures, and what constitutes acceptable behavior.

Please Note: The use of websites or services that sell essays is a violation of these policies; likewise, the use of websites or services that provide answers to assignments, quizzes, or tests is also a violation of these policies. Regarding the use of Generative Artificial Intelligence (AI), you should check with your individual course instructor.

Emergency Management Statement

In case of an emergency, the University's Emergency Notification System (ENS) will be activated. Students are encouraged to maintain updated contact information using the link on the homepage of the mySUU portal. In addition, students are encouraged to familiarize themselves with the Emergency Response Protocols posted in each classroom. Detailed information about the University's emergency management plan can be found at https://www.suu.edu/emergency.

HEOA Compliance Statement

For a full set of Higher Education Opportunity Act (HEOA) compliance statements, please visit https://www.suu.edu/heoa. The sharing of copyrighted material through peer-to-peer (P2P) file sharing, except as provided under U.S. copyright law, is prohibited by law; additional information can be found at https://my.suu.edu/help/article/1096/heoa-compliance-plan.

You are also expected to comply with policies regarding intellectual property (SUU Policy 5.52) and copyright (SUU Policy 5.54).

Mandatory Reporting

University policy (SUU Policy 5.60) requires instructors to report disclosures received from students that indicate they have been subjected to sexual misconduct/harassment. The University defines sexual harassment consistent with Federal Regulations (34 C.F.R. Part 106, Subpart D) to include quid pro quo, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking. When students communicate this information to an instructor in-person, by email, or within writing assignments, the instructor will report that to the Title IX Coordinator to ensure students receive support from the Title IX Office. A reporting form is available at https://cm.maxient.com/reportingform.php?SouthernUtahUniv

Non-Discrimination Statement

SUU is committed to fostering an inclusive community of lifelong learners and believes our university's encompassing of different views, beliefs, and identities makes us stronger, more innovative, and better prepared for the global society.

SUU does not discriminate on the basis of race, religion, color, national origin, citizenship, sex (including sex discrimination and sexual harassment), sexual orientation, gender identity, age, ancestry, disability status, pregnancy, pregnancy-related conditions, genetic information, military status, veteran status, or other bases protected by applicable law in employment, treatment, admission, access to educational programs and activities, or other University benefits or services.

SUU strives to cultivate a campus environment that encourages freedom of expression from diverse viewpoints. We encourage all to dialogue within a spirit of respect, civility, and decency.

For additional information on non-discrimination, please see SUU Policy 5.27 and/or visit https://www.suu.edu/nondiscrimination.

Pregnancy

Students who are or become pregnant during this course may receive reasonable modifications to facilitate continued access and participation in the course. Pregnancy and related conditions are broadly defined to include pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery. To obtain reasonable modifications, please make a request to title9@suu.edu. To learn more visit: https://www.suu.edu/titleix/pregnancy.html.

Disclaimer Statement

Information contained in this syllabus, other than the grading, late assignments, makeup work, and attendance policies, may be subject to change with advance notice, as deemed appropriate by the instructor.