Journal Briefly explain the difference between comparative and contributory negligence standards. Revisit each of the cases found in Problem 19.9. Assume that the state does not have a comparative negligence law. Without the protection of a comparative negligence law, does the defendant still have a legal basis for denying accountability? Why or why not?

An Introduction to Negligence Part I: Use the case against the tobacco industry to get a closer look at civil litigation based on negligence and liability. Using the variety of internet sources available, write a brief historical outline of the theoretical basis for litigation against tobacco companies. You should: A.) Identify major plaintiffs in cases against tobacco; B.) Identify major defendants in cases against tobacco; C.) Identify and summarize at least four cases that have gone to trial regarding tobacco; D.) Provide at least two major legal defenses used by the tobacco companies’ counsel. *http://www.usdoj.gov/civil/cases/tobacco2/index.htm http://www.library.ucsf.edu/tobacco http://www.tobacco.org/resources/history/Tobacco_History20-2.html Part II: Using any available news resources, locate four recent cases involving negligence. For each, provide a brief summary of the back-story, identify the plaintiff and defendant, identify the four elements of negligence, and explain either the outcome of the case, or, based on your knowledge, what you expect the outcome of the case to be and why.

Based a case study randomly assigned to you, your group needs to prepare a miniature legal presentation. You group will need to divide up in order to present the sides of both the plaintiff and the defendant. Each side will need to be prepared to present (both visually and orally) the following: A complete opening statement outlining the major argument or defense; a list of witnesses or experts (and the rationale for calling each witness listed); a list of any evidence (physical or documentary) to be presented and rationale for each piece. Be sure to reference any terms which apply directly to your case in order to demonstrate your understanding of the law (i.e. strict liability, foreseeable, reasonable person standard, etc…)