Legal writing and research.
1. KEY FACTS: CALI or The Center for Computer-Assisted Legal Instruction contains online tutorials in a variety of legal subjects. As an ATC student we have access to these materials. In order to register, participants will go to our website, www.cali.org and click “Register” at the top of the page and proceed. The Student Authorization Code: ATLTCHstu1148 Participants will only use the authorization code once, during registration, after which they will have created their own unique username and password for use each time they return to log in. Once you have logged in successfully, complete the tutorial: STATING FACTS As the administrator, I will have access to who accesses the tutorials, your scores, and much more. This is a fun, interactive way to learn this topic. MAKE SURE YOU TRY TO COMPLETE IT! If you have difficulty accessing it, feel free to contact my office. You may be able take it more than once. Good luck! II. LEGAL ISSUES The instructions on how to complete the second part of the homework is attached. Legal Analysis—Stating & Drafting Legal Issues ASSIGNMENT 1 The client is charged with theft. The law and facts are presented below. Draft a narrow statement of the issue. Law: Criminal Code § 18-16-401, Theft. Facts: John was walking home from a movie late one night. The client came up behind John and told John to give the client all his money or the client would “be sorry.” John gave the client his money. ASSIGNMENT 2 The client is charged with murder in the first degree. The law and facts are presented below. Draft a narrow statement of the issue. Law: Criminal Code § 18-8-101, Murder in the First Degree. Facts: While the client was robbing a convenience store, a customer had a heart attack when the client pulled out a gun and threatened the sales clerk. The customer died in the hospital a week later. ASSIGNMENT 3 Spot/identify the issue, then draft a narrow issue statement 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. 2 Chapter 11 Legal Analysis—Stating the Issue © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 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. Problem: Identify the issue regarding the validity of the will. ASSIGNMENT 4 Spot/identify the issue, then draft a narrow issue statement 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. ASSIGNMENT 5 Spot/identify the issue, then draft a narrow issue statement 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.