zCourtney+Boutarfa

=Chapter 23 =

Terms
Insurance- a contractual arrangement that protects against loss. Indemnify- When one party pays to compensate for harm or loss to the suffering party Insurer- Party who agrees to indemnify Insured- The covered and protected party Policy- written contract of insurance Face Value- The stated maximum amount that could be paid if the harm a person is insured against occurs Risk- The pssible loss arising from injury to or death of a personor from damage to property from a specified peril Premium- The consideration for a contract of insurance Insurable Interest- potential to sustain loss if the insured property is damaged or destroyed or if the insured person is injured ir dies Property Insurance- gerneral type of insurance intended to indemnify for harm to the insured's personal or real property brought about by perils such as fire, theft, and windstorm. Casualty Insurance- type of insurance that indemnifies for losses resulting from accident, chance, or negligence Exclusions-exceptions to insurance coverage Fire Insurance- Insurance that covers direct loss to property resulting from fire, lightning strike, or removal from premises endangered by fire Endorsements-(also called riders) modifications made to the standard fire policy to satisfy an insured's needs <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Coinsurance- a clause in a fire insurance policy that requires the insured to maintain coverage equal to a certain percentage of the total current value of the insured property <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Inland marine insurance- developed by fire insurance companies to indemnify for loss to most personal property while it is being transported across land or inland waterways. <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Liability insurance- type of casualty insurance that indemnifies against personal injury or property damage claims for which the insured is legally responsible <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Automobile Insurance- obligates the insurer to represent and provide for the insured's defense if the insured is accused of or sued for negligence ownership, maintenance, or use of motor vehicle. If neccessary, the coverage indemnifies for the payment of damages resulting from such negligence. <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Collision Insurance- protects againstdirect and accidental damage due to colliding with another object, such as a tree, bridge abutment, and upset, such as the overturn of suffered. Collision coverage would provide compensation for the loss of a vehivle in an accident <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Comprehensive Insurance- Indemnifies against all damage to the insured's car except that caused by collision or upset. Covered causes are things like fire, theft, water, vandalism, hail, and glass breakage. <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">No-fault Insurance- requires that parties to an automobile accident be indemnified by their own insurance company regardless of who is at fault. <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Social Insurance- indemnifies persons, at least partially, from the harsh financial consequences of unemployment, disability, death or forced retirement.

Think about Legal Concepts
<span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">(page 364) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">(page 369) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">(page 373) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">
 * 1) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">The party who agrees to indemnify another is termed the **insurer**
 * 2) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">The face amount of a policy is always paid whenever the covered loss is sustained. **True**
 * 3) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">The risk of any and all financial losses can be covered by insurance
 * 4) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Which type of insurance covers loss or damage to property while it is being transported is **inland marine insurance.**
 * 5) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">The beneficiary's insurable interest must exist at the time of loss for a life insurance policy to pay
 * 6) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">An insurable interest in property must exist at the time of loss for a fire insurance policy to pay
 * 1) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Automobile insurance may be written to reindemnify for both casualty and property losses **False**
 * 2) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Depreciationis a common exclusion to property insurance coverage.
 * 3) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Which is not covered in the standard fire policy? C
 * 4) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">A friendly fire that becomes uncontrollable is considered a hostile fire for fire insurance purposes. **True**
 * 5) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">A _ clause extends auto insurance coverage to members of the insured's household.
 * 1) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Which indemnifies the cost of medical care and neccessary to regain physical well-being after an illness.
 * 2) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Unemployment insurance is provided directly by the Social Security Act.
 * 3) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">___clause prohibits an insurer from refusing to perform due to fraud or misrepresentation after a policy has been in effect for one or two years.
 * 4) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Double-indemnity coverage requires the insurer to pay half the face amount of the policy if the death of the insured is accidental.
 * 5) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Which is a type of social insurance that provides health insurance and hospital insurance for people age 65 and older? **health insurance**

<span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Concepts in Brief
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<span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">Your Legal Vocabulary

 * 1) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">to make good of a loss **indemnify**
 * 2) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">party who will indemnify if loss occurs **insurer**
 * 3) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">stated maximum amount that can be paid under a policy **face value**
 * 4) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">consideration for a contract of insurance **premium**
 * 5) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">the potential loss that has been insured against
 * 6) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">potential to sustain loss due to the covered risk **insurable interest**
 * 7) <span style="font-family: 'Trebuchet MS',Helvetica,sans-serif;">indemnifies for loss from personal negligence, chance, and accident **casualty insurance**
 * 8) exceptions to insurance coverage **exclusions**
 * 9) modification to the standard fire policy made to satisfy individual needs **endorsement**
 * 10) requires that, in the event of loss, insureds be indemnified by their own insurance companies **no-fault insurance**
 * 11) clause in a fire policy that requires the insured to maintain coverage equal to a certain percentage of the total current value of the insured property
 * 12) insurance to cover personal injury or property damage claims for which the insured is legally responsible

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=<span style="color: #ff004d; font-family: Georgia,serif;">Chapter 24 =

<span style="font-family: Georgia,serif;">Terms
<span style="font-family: Georgia,serif;">Decedent- debts of a person who dies <span style="font-family: Georgia,serif;">Intestate- those who die without a valid will are said to have died intestate <span style="font-family: Georgia,serif;">Administrator- court appointed representative for a decent (male) <span style="font-family: Georgia,serif;">Administratrix- court appointed representative for a decent (female) <span style="font-family: Georgia,serif;">Estate- property of the deceased <span style="font-family: Georgia,serif;">Testate- Those who die with a valid will, died testate. <span style="font-family: Georgia,serif;">Will- a legal expression, usually in writing, by which a person directs how her or his property is to be distributed after death <span style="font-family: Georgia,serif;">Testator- The maker of the will (male) <span style="font-family: Georgia,serif;">Testatrix- The maker of the will (female) <span style="font-family: Georgia,serif;">Executor- Personal representative of the will maker to carry out directions in the will (male) <span style="font-family: Georgia,serif;">Executrix- Personal representative of the will maker to carry out directions in the will (female) <span style="font-family: Georgia,serif;">Testamentary intent- the clear intention to make a will <span style="font-family: Georgia,serif;">Testamentary capacity- the maker must know, at least in a general way, the kind and extent of the property involved, the persons who stand to benefit, and that he or she is making arrangements to dispose of his or her property after death. <span style="font-family: Georgia,serif;">Codicil- a formal, written, and witnessed amendment <span style="font-family: Georgia,serif;">Holographic will- valid even without witnesses. Written enitrely by the decendant's own hand and is signed by him or her. <span style="font-family: Georgia,serif;">Nuncupative will- oral will. Recognized in some states if proclaimed during the maker's last illness or by service personnel on active duty. <span style="font-family: Georgia,serif;">Escheats- when the property of the deceased has no inheritors it escheats or reverts to the state. <span style="font-family: Georgia,serif;">Trust- legal vehicle used to transfer the immediate control of property to another party <span style="font-family: Georgia,serif;">Trustee-legal entity that has the title to the subject property <span style="font-family: Georgia,serif;">Settlor- creator of a trust <span style="font-family: Georgia,serif;">Beneficiary- party for whose benefit a trust is managed; also recipient of the amount to be paid under an insurance policy <span style="font-family: Georgia,serif;">Inter vivos trust- trust created during the lifetime of the settlor <span style="font-family: Georgia,serif;">Testamentary trust- a trust created after the death of the settlor in accordance with directions in his or her will <span style="font-family: Georgia,serif;">Charitable trust- trust created for the fulfillment of an altruistic purpose <span style="font-family: Georgia,serif;">Private trust- a trust created for a private purpose <span style="font-family: Georgia,serif;">Spendthrift trust- private trust that protects the beneficiary's interest in the subject property from the beneficiary's creditors. <span style="font-family: Georgia,serif;">Express trusts- trust in which terms are explicitly stated by the settler <span style="font-family: Georgia,serif;">Resulting trust- Implied trust formed when the entity intended to recieve the benefit of an express trust cannot do so <span style="font-family: Georgia,serif;">Constructive trust- Implied trust, created to require a person holdinf property to transfer it to another because retention would be a wrongful and injust enrichment of the holder

<span style="font-family: Georgia,serif;">You Legal Vocabulary
 * 1) <span style="font-family: Georgia,serif;">a deceased person- //decendant//
 * 2) <span style="font-family: Georgia,serif;">to die without a will- //intestate//
 * 3) <span style="font-family: Georgia,serif;">intestate's personal representative (female) appointed to settle the estate- //<span style="font-family: Georgia,serif;">Administratrix //
 * 4) <span style="font-family: Georgia,serif;">Property of the deceased- //estate//
 * 5) <span style="font-family: Georgia,serif;">to die with a valid will- //testate//
 * 6) <span style="font-family: Georgia,serif;">male a maker of a will- //testator//
 * 7) <span style="font-family: Georgia,serif;">orally made will- //nuncupative//
 * 8) <span style="font-family: Georgia,serif;">creator of a trust -//settlor//
 * 9) <span style="font-family: Georgia,serif;">trust created for private reasons- //private trust//
 * 10) <span style="font-family: Georgia,serif;">court appointed representative for a decedent.- //<span style="font-family: Georgia,serif;">Administrator //
 * 11) <span style="font-family: Georgia,serif;">trust created for fulfillment of an altrustic purpose -//charitable trust//
 * 12) <span style="font-family: Georgia,serif;">trust in which the terms are explicity stated by the settlor.- //express trusts//
 * 13) <span style="font-family: Georgia,serif;">will written and signed entirely by the maker-//<span style="font-family: Georgia,serif;">Holographic will //
 * 14) <span style="font-family: Georgia,serif;">legal vehicle used to transfer the immediate control of property to another party-//trust//
 * 15) <span style="font-family: Georgia,serif;">trust created during the lifetime of the settlor- //<span style="font-family: Georgia,serif;">Inter vivos trust //

Think about Legal Concepts
(page 383) (page 387)
 * 1) Those who die without a valid will are legally termed to have died intestate. **True**
 * 2) If there are no inheritors of the decedent's estate, the property **escheats** to the state.
 * 3) The legal term for an oral will is a **nuncupative will**
 * 4) The insertion of a codicil on a will does not have to be witnessed. **False**
 * 5) The typical time for all creditors of the estate to file claim against it is
 * 1) A trust terminates at the death of the settlor **True**
 * 2) A trust terminates with the death of the trustee **False**
 * 3) A resulting trust may be created due to the death of a trust's beneficiary **True**
 * 4) A trust created by the will of a deceased settlor is known as a **testamentary will.**
 * 5) A charitable trust is cretaed for a **<span style="font-family: Georgia,serif;">fulfillment of an altruistic purpose **
 * 6) In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed them by the beneficiary.**Fasle**
 * 7) Is a resulting trust an express trust? **False**
 * 8) The two types of implied trusts are the private trust and the spendthrift trust. **False**
 * 9) The trustee has a responsibility requiring the highest degree of care and loyalty to the beneficiary. This is referred to as **fiduciary duty**

**Case for Legal Thining (page 391)**
//Morse v. Volz// Did the decedent have testamentary capacity? no Marvin was found to be suffering from Altheimers disease and/or degeneration at the time of making the will.

Did the decedent act of his own free will in cutting out his son and the son's family or was Inga's influence too great? The decedent was not trying to cut out his son. He had a good relationship with him unlike with Inga. Inga only wanted marvin because he had money and he was a mason. Inga's influence is too great because she wants everything for herself.

How should the court rule i this case?

Marvin's son, John Morse, should win the case because of his relationship with his father compared to Inga's. Especially after knowing that Inga only wanted Marvin for his money.

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=Miranda vs. Arizona [1966]=


 * What was the constitutional issue surrounding the case?**

[[image:miranda_mug.jpg width="212" height="124"]] //Ernesto Miranda// [March 9, 1941 – January 31, 1976]
In 1963, Miranda was charged with robbery, rape and kidnapping.Before the police interrogation he was not informed of his rights. Miranda confessed orally and signed a confession but the court could not use it as evidence in a criminal case after all because of the police's failure to inform him of his rights.

**Courts in sequential order that heard the case-**
Supreme Court, Maricopa County, Supreme Court of Arizona, Supreme Court of the US

**To what court did the Supreme Court issue a writ of certiorari?**
Supreme Court of Arizona

**What was the outcome of the Supreme Court's decision?**
In a 5-4 opinion, the Supreme Court ruled in favor of Miranda. Miranda Rights were created stating that the accused must be informed of their rights when being arrested. The purpose is to ensure the accused be reminded of or aware that they have those rights under the U.S. Constitution.

Justices Clark, Harlan, Stewart and White were in dissent over the majority.
Harlan wrote the main dissent arguing that the number of confessions police would be able to obtain would reduce because the new requirements (Miranda Rights) would impair and frustrate police officers in the use of techniques that had long been thought to be appropriate and even necessary.



The Four Miranda Warnings
If //Miranda// applies, a suspect must be given warnings before being questioned that indicate:
 * 1) You have the right to remain silent,
 * 2) Anything you say can and will be used against you in a court of law,
 * 3) You have the right to the presence of an attorney, and
 * 4) If you cannot afford an attorney one will be appointed for you prior to any questioning if you so desire.

//Miranda// does NOT apply unless a person is in custody and subjected to interrogation by a law enforcement officer. []