ESSAY.Total 20 POINTS (3 POINTS FOR QUESTION 1 AND 17 POINTS FOR QUESTION 2).

HINT: REMEMBER THERE IS A REASON FOR EACH FACT BELOW.

You are the lawyer for Pete, an upcoming guitarist that a number of major music companies have offered a long term agreement.

Pete and Don, both 23 years old, have lived in San Diego their entire lives, and have been friends since they were 8.Their friendship has always had an element of roughhousing to it, and they have always shadow boxed, wrestled, and tackled each other.

Pete advises that he has recently felt a change in their relationship since Don took up boxing and is now one of the United States best amateur boxers and a favorite to represent the US in the upcoming Olympics.

Pete further advises that he recently started dating Don's former girlfriend (who Don is still not over) and this has really strained his friendship with Don.In fact, last week Don forced him into a room. Unbeknownst to Pete, when Don forced him into the room he closed and locked the door so that Pete could not easily leave.

Once in the room Don started screaming at Pete, really getting into his face, telling him that friends do not steal girlfriends and that they no longer were friends.Don then went into his boxing stance and started circling around Pete while throwing punches, always pulling his punches before they hit Don.While they had always played like this before, this time Pete felt it was different.

In fact, one time Don failed to pull his punch in time and hit Pete.Don then directed Pete to the door, unlocking and opening it without Pete knowing, and roughly shoved Pete out of the room.The shove caused Pete to fall and seriously break his wrist, threatening his musical career and causing the music companies to delay signing him until it can be determined that his career can continue.Additionally, the incident has mentally strained Pete who has seen various doctors as a result of the strain.

Pete has decided to sue Don regarding the incident and has asked you to represent him by preparing a Complaint alleging all potential causes of action, and to file it in an appropriate court.In preparation, you need to prepare a memo determining the following:

1.Which court can this lawsuit be filed?State court?Federal Court?In reaching your conclusion explain the concept of Personal Jurisdiction and diversity of citizenship.

2.Using IRAC (Issues; Rules; Analysis; and Conclusion) list all potential torts that can be alleged in the Complaint.Each tort (the Issue) should be separately listed in its own paragraph.The Rules should state all of the necessary elements for that tort.The Analysis should apply the above facts to the elements to determine if all are met. The Conclusion should determine if there is a proper cause of action.