For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home.
Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions.
- What court decided the case in the assignment? (2 points)
- According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points)
- Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points)
- According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? (5 points)
- According to the case, why didn’t the court approve summary judgment for product liability claims? (5 points)
- Do you agree with this decision? Why or why not? (5 points)
Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used Nadel et al. v. Burger King Corp. & Emil, Inc. case as “precedent” since its publication. Out of the cases listed, pick one, click the link, read the case, and provide the following information:
- the name and citation of the case (5 points);
- the name of the court which decided the case (3 points);
- the year of the decision (2 points);
- the facts of the case (5 points);
- the issue of the case (5 points);
- the “decision” of the case (5 points);
- the principle of law the case was used (cited) for in the case (5 points); and
- following the directions in the library, download a Word document copy of the case, and include your name in the “note” section of the download. Attach a copy of the document with your assignment this week. (10 points) (Your name must be in the automatically populated “note” area for full points for this.).
Thus, you will have two deliverables in the Week 3 Dropbox: the case with your name on it, and your Word document with your answers.
See the Syllabus section “Due Dates for Assignments & Exams” for due date information.