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Suppose John and Justin are best friends who attend a party together one Saturday night. After several alcoholic beverages, John approaches Justin's girlfriend and asks

Suppose John and Justin are best friends who attend a party together one Saturday night. After several alcoholic beverages, John approaches Justin's girlfriend and asks her out. She slaps John and immediately tells Justin of the incident. Intoxicated himself, Justin attacks John at the party; the incident leaving Justin with a broken thumb and John with a fractured eye socket. The next morning, Justin drives to John's house and spray paints profanity all over John's car and house.

Justin brings suit against John for his broken thumb. John has come to our law firm for legal representation.

  • May Justin sue John for the broken thumb? If so, what legal document or documents must we prepare of his behalf?
  • Could John sue Justin for his injuries? If so, what legal principles will guide us in this case?
  • Suppose we have represented John and successfully won a judgment for $25,000, even though we sought $50,000 and it was Justin who originally sued John. Can John sue Justin again for the remaining $25,000?
  • Can John file suit against Justin for the damages to his car and house?
  • What are the legal principles that guide us in each case?
  • How would you have advised John to proceed with the case from the beginning and why?

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