Customer Reviews

Cases and Materials on Torts, 9th Ed.

5 star:		(4)
4 star:		(5)
3 star:		(2)
2 star:		(1)
1 star:		(2)

 

 

OK, it's a casebook. By definition it is just a bunch of cases thrown together to demonstrate various areas of the law. But lately there has been a new trend in books for 1Ls... analysis. Sure, this book has "Notes" sections between the cases, but they are little more than hypotheticals or one-line versions of even more cases. What about some essays? Talk about the logic behind the cases or maybe mix in some Law and Economics theory. As a generic casebook this is quite good, but adding a little more than just cases would be outstanding.

This book is still used a great deal in law schools, but there are better casebooks now with modern, more interesting cases and more thoughtful analysis. Instead, try Goldberg, Sebok and Zipursky, Tort Law: Responsibilities and Redress.

Case books have a difficult time getting respect, because they have to include the opinions written by the different judges for the different cases. So, you're dealing with many, many writers, and unfortunately, judges aren't known for their entertaining, flowery prose.

So, the "authors" of a casebook really only get to throw in a few tidbits about the relevant law in-between a lot of badly written, lengthy legalese. I'm betting that they're limited on how much they can write in-between the case opinions by their publishers.

That said, this is a pretty decent casebook. Buy it only if you have to. If you have access to Lexis/Nexis or WestLaw, etc., you can always just look up and read the cases online & save the cost of the textbook.

To really understand Torts, I suggest getting a study aid like Examples & Explanations, which I think is put out by Lexis press or the Professor Series by Gilberts. The Finals series are good, too.

Covers good range of issues and selected cases well. However, the explanations after each case can be lacking at times. One of the better casebooks, especially for torts. The examples frequently following cases are highly useful and the coverage of topics is superb. Supplements definitely help but this is one casebook where they are not completely needed.

I used various supplements for this class. Before buying all of them, I would go to your law library and look them over, use them for your class and see if they are presented in a way that works for you. My biggest mistake was thinking by using supplements I would learn less or get screwed up. Professors tell you whether they like supplements or not, but if you use them to prepare for class, still at least go through the cases and take NOTES from what they say, you will do far better.

I will explain the supplements I used and how I studied for class and the final. This was by far the best professor I have ever had, using hypos and working through them in class frequently. She taught like many of the supplements, which is why I relied on them less here then in other classes.

First and foremost, Emanuel Law Outlines: Torts keyed to Prosser, 11e is keyed to this casebook. This means the supplement follows along with your casebook and cases. In the first semester I read Understanding Torts to get a more in depth and overall explanation of the material covered. At times if my class covered less I would switch to Acing Tort Law (Acing Law School) for a conceptual overview. Then I used Emanuel Law Outlines: Torts for an overview of the assigned material. Then I did the assigned reading, which was much easier with Emanuel Law Outlines: Torts keyed to Prosser, 11e because it is keyed to the casebook (switched to this halfway through 1st semester). Next I took brief notes to work out an outline for the steps used to analyze fact patterns. Here, Acing Torts is particularly helpful because it has a great checklist (see my review because it is arranged oddly in the book). Last I scanned the relevant chapter in The Forms and Functions of Tort Law, 3d (Concepts and Insights) (Abraham) to get some policy reasons for my notes. The key with this book was understanding why Courts created a law or why they decide certain ways in a case. If in a policy based class this book is essential. After class I quickly ran through my notes and organized them a bit into a rough outline (10-15 mins). Then on the weekend I would work on hypos she gave and use The Law of Torts: Examples & Explanations, Third Edition to work through more confusing topics and practice writing hypos.

By 2nd semester I used the Understanding book less and less because I picked up on the material quicker. I relied heavily on Acing Torts and Emanuel (using Abraham for bits of great policy arguments).

These books collectively were not necessary, but they helped. If short on cash, the books from most helpful to least are your required casebook, Emanuel (especially if keyed), Acing Torts, Understanding Torts (1st semester and half of 2nd), E&E, and Abraham. However, some prefer E&E for explanation over Understanding. Last, is Crunchtime (this includes only portions of the full outline). Also, I have used Siegel's Torts: Essay and Multiple-Choice Questions and Answers from the library for practice in other classes, which may be preferable for many people.

See my other reviews regarding the above books mentioned. However, only the first couple paragraphs will be different.

Good Luck, I will try and answer any comments!

No case book is going to clearly explain the law. I can accept that we (law students) are supposed to be extract the law from a series of cases decided ages ago in states in which we will never set foot because, um, well, that's the way law professors have always taught it. But this text stands apart from other case books I've had in that it seems to go out of its way to be as confusing, unhelpful and as much of a time-sink as possible.

Let's walk through how it does this. Suppose you're a law student in your first semester. Your torts professor has asked you to throw down $150 for this book and start reading. You start from the first page of a given chapter, reading and diligently briefing each case, which has been edited to better communicate the basic point. You're confident you've picked out the rule, and, having mucked through the court's analysis, you know how and why that rule exists. You go to the Notes after the case, only to read that the case you've just read represents a rule used in only a few jurisdictions -- the "minority rule." You ask, so what's the MAJORITY rule -- the one that will be on the exam? Well, the two sentences comprising Note #13 are asking YOU the same thing, and what's more they're instructing you to "See the case of Smith v. Jones," which as luck would have it, is not in the case book. You have to go to your law library or log into your Westlaw account, search for Smith vs. Jones, read the UNEDITED version of it and figure out the majority rule for yourself. And, as we all know, law students have all the time in the world to wile away the hours chasing down an elusive rule for one very narrow point of law.

Granted, this doesn't happen with each of the 300-odd cases contained herein. But it happens enough times to generate enough confusion such that you have to ask your professor, who (because he IS a law professor) answers your question with a series of questions.

Just finished my 1st semester in law school and we used this in my Torts class. The book itself isn't bad, and at times it's downright funny. They have an interesting selection of cases and some opinions by judges who fancy themselves writers. Always ALWAYS read the notes between cases. A lot of time they are no more than references to other cases, but they provide some useful information, and again, some are quite funny. Some commentary aside from just cases would be helpful. The stuff on strict liability for animals is a great example of just how good and helpful commentary could/should be. I would recommend getting at Torts Nutshell as a comprehension aid.Torts in a Nutshell (Nutshell Series) All in all, good book. Loved the class a lot.

This text covers all of the relevant legal issues that a typical 1L will encounter during a typical torts class. The text reading is quite dry and some of the case selections that are made will make you smash your head against the desk, all in all its not a bad text.

Recomend the emanuel outline which is tied to this text.

The book came on time, it was in very good condition, and it included an outline that was very useful.

Thank you for sending this book as soon as you received my order. Everything looks great!

The book had minor highlighting as promoted and came very quickly. However there was a tear in the binding that proves troublesome. Other than that all the pages are there and that's really what I paid for.