Courts and Alternative Dispute Resolution

By way of background, the common law rule is that you cannot sue someone for causing you emotional distress unless one of three factors is present: (1) the emotional distress was intentionally caused by the person you are suing; (2) the emotional distress is associated with some physical injury; or (3) the emotional distress is so severe that it has a serious physical manifestation. An example of factor #1 would be the jilted lover who posts lies about and compromising pictures of his ex-girlfriend on Facebook with the intention of causing her emotional distress. An example of factor #2 is someone who suffers a burn as the result of someone's carelessness and sees a hideous scar every time he or she looks in the mirror. An example of #3 is a grandparent who sees a texting driver heading directly for his or her grandchild and, even though the driver corrected the error in time, is so startled that he or she has a heart attack or stroke.

Discuss the following aspects of the case:

This case involves an incident that occurred in Washington and that involves Washington law. On what basis would the U.S. District Court for the District of Oregon have jurisdiction in this case?

Could the plaintiff have filed his case in the Oregon state courts? Why or why not?

Why did the 9th Circuit Court of Appeals certify the question to the Washington Supreme Court? What does the Washington Supreme Court have to do with a case filed within the borders of the state of Oregon?

Question 2:
Read the Oregonian article “Juries raise a digital ruckus” (
Do you think that the jurors, in this case, should be commended for their willingness to seek answers to the questions that weren't answered by the attorneys and witnesses in the case, or do you feel the opposite? Why? How should courts deal with the ability that everyone now has to conduct internet research and to access social media? Tie your answer to the role of the jury in our court system. Should the traditional role change?

Sample Answer

Common law, also known as judicial precedent, is the body of law derived from judicial decisions of courts and similar tribunals. It is characterized by the sense that it arises as precedent. In cases where the conflicting parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts


they can direct universal business and

change the manner in which the economy works far and wide. A case of this being less expensive Chinese work can bring down costs of things in different nations considering many United States and different nations items are being fabricated in China. China likewise is perhaps the greatest financial specialist in Africa, removing monetary force from the United States and Europe. The ground-breaking nation has been blamed for having unreasonable exchange practices and substantially more. This model shows how achievement in one nation can prompt significant chaos in another.

Finally, the North Korean atomic risk has caused confusion the whole way across the world. The Korean government can be truly flighty, bothering the world. The nation is resolved to make these atomic weapons, and the estimation of them is improving. With these weapons, there is a danger of assaulting and assuming control over South Korea, just as a risk to the United States and Japan. The United States military is positioned on the outskirt of North and South Korea hence. China has additionally indicated help for North Korea, making the dangers significantly progressively ground-breaking.

These models all show a world in disorder. A common war, financial force, and an unusual government are for the most part pictures of tumult. Globalism is certainly basically in these models and in a lot more occasions over the world. As globalism increments in cutting edge governmental issues, disorder will possibly turn out to be to a greater degree an issue if world pioneers don't productively cooperate. The choices of one nation incredibly impacts the choices of numerous others, and due to this I feel that the world is in a mess and it will be fascinating to observe how globalism increments or diminishes this state o