I want to confirm that I'm on the right track. I'm new to "spotting the issue:

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 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.” 

STEP 1: Identify each type of cause of action and area of law involved. The possible cause of action is theft  

STEP 2: Determine the elements of each cause of action identified in Step 1. 

The elements of theft are: 

1. The taking of another person’s property. 
2. Taking without their consent or authorization; and  
3. Taking property with the intent to deprive the person of that property. 

The elements of stolen property value are:  

1. Petty Theft is the theft of anything with a value that is below a legally specified amount of money. In most states, the theft of anything with a value of less than $400 is usually deemed a petty theft.
2. Grand Theft is the theft of anything with a value that is deemed above a legally specified value (usually over $400) and is considered a felony.

STEP 3: Determine which of the facts of the client’s case apply to establish or satisfy the elements of each cause of action—the key facts   

The elements for Theft under Criminal Code Section 18-16-401:

1. The client intentionally ordered one hundred and ten stationery pads, ten more than required.
2. The client took the extra ten pads, put them in his backpack, and took them home. 
3. He stocked the rest of the pads.

STEP 4: Assemble the issue from the law and key facts identified

Answer rating: 100% (QA)

Answer Step 1 The client is charged with theft in violation of the Criminal Code Step 2 The elements of theft are 1 knowingly obtains or exercises control over anything of value of another without aut... View the full answer