Issue Spotting Assignment

.docx

School

Regent University *

*We aren’t endorsed by this school

Course

553

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

3

Uploaded by ChancellorArtEmu33

Jameika Draughn Week 3: Issue Spotting Assignment MLAW 553 Legal Research and Writing Question 1 Statute: Colorado Revised Statute § 15-11-502 provides: (1) Except as provided in subsection (2) of this section . . . a will shall be: (a) In writing; (b) Signed by the testator, or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and (c) Signed by at least two individuals either prior to or after the testator’s death, each of whom signed within a reasonable time after he or she witnessed, in the conscious presence of the testator, either the signing of the will as described in paragraph (b) of this subsection (1) or the testator’s acknowledgement of that signature or acknowledgment of the will. (2) A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.” Facts: Lisa decided to change her will. Her attorney drafted a new will and brought it to her home. Lisa was extremely ill and confined to her bed. She was too ill to sign the will but she directed her neighbor, Beth, to sign for her. Before Beth could sign, Lisa lost consciousness. Beth signed the will for Lisa. Two witnesses were present and saw Beth sign the will. After Lisa regained consciousness, the witnesses witnessed the will. (2) Problem: Identify the issue regarding the validity of the will. Specific Law: Colorado Revised Statute § 15-11-502 Legal Question: Is Lisa’s will valid? Key Facts: Lisa’s attorney drew you a new will; Lisa designated Beth to sign the will on her behalf; Lisa was unconscious when the will was signed; and two witnesses witnessed the signature upon Lisa regaining consciousness. Under Colorado Revised Statute § 15-11-502, is Lisa’s will valid when her attorney drew up a new one, a person we designated to sign the will on Lisa’s behalf, Lisa was unconscious at the time of the signing and two witnesses signed as witnesses after Lisa regained consciousness. Question 2 Facts: The client is charged in state court with theft in violation of Criminal Code Section 18-16-401, Theft. The client manages a store for his employer. His duties include running a cash register, ordering and signing for inventory, stocking shelves, and making the daily cash and check deposit with the bank. One day, an order of legal pads arrived. The invoice listed
100 pads. In the shipping box were 110 pads. The client opened the container, took the extra 10 pads, put them in his backpack, and took them home. He stocked the rest of the pads. Another employee saw the client take the pads and reported him to the employer. The employer called the police. Rule of Law: Criminal Code Section 18-16-401, Theft. “A person commits theft when he or she knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception.” Problem: Identify the theft issue. Specific Law: Criminal Code Section 18-16-401 Legal Question: Did the client commit theft? Key Facts: A witness saw client put ten legal pads in his backpack and he had no authorization. Under Criminal Code Section 18-16-401, did client commit theft when he took ten legal pads home with him without authorization, after a witness saw the incident? Question 3 Facts: The client, Jason, is charged with murder in the first degree. Jason hated Kim for ruining Jason’s business. Jason decided to kill Kim. Jason followed Kim for several weeks and discovered that Kim jogged once a week next to a country road. Jason hid on a hill near where Kim jogged and planned to shoot him. As Kim ran by, Jason fired and missed. When Kim heard the report from the rifle, he felt the bullet whiz by him and jumped onto the road, where he was hit and killed by a passing car. A witness saw Jason. He was caught and charged with first degree murder. Rule of Law: Criminal Code Section 18-8-101, Murder in the first degree. “A person commits murder in the first degree if: a. After deliberation and with the intent to cause the death of a person other than himself or herself he or she causes the death of that person or another person; or b. Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault, and in the course of the crime the death of a person is caused by anyone.” Problem: Identify the murder issue. Specific Law: Criminal Code Section 18-16-101 Legal question: Did Jason commit murder in the first degree? Key Facts: Jason decided to kill Kim ruining his business; Jason followed Kim and found that Kim jogged next to a country road; Jason shot Kim but missed; Kim ran into the road and was killed; and a witness saw Jason.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help