Issue Spotting Assignment
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Regent University *
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553
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Law
Date
Jan 9, 2024
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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.
Under Criminal Code Section 18-16-101, did Jason commit murder in the first degree when
he shot at Kim, missed Kim, who then ran into the road and was hit by by a car which killed
him, all of which was witnessed by another person?
Question 4
Read Baumgardner v. Stuckey,
Identify the issue in the case.
Specific Rule:
Sheffield Manor Development restrictive covenant specifically Articles 1 and
5.
Legal question:
Did Stucke violate Articles 1 and 5 by parking his tractor on his residential
property?
Key Facts:
Stuckey stored his tractor on his residential property for commercial use and the
equipment was not being used for the construction of his home.
Under Articles 1 and 5 of the Sheffield Manor Development restrictive covenant, did Stuckey
violate Articles 1 and 5 by parking his tractor on his residential property for commercial use
and the equipment was not being used for the construction of his home?
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