zAlberto+Ramirez

__**chapter 23 vocab.**__ __**Think about legal concept (page.364)**__ __**Think about legal concept (page.369)**__ __**Think about legal concept (page.373)**__ __**concepts in brief**__ __**Your legal vocabulary**__
 * 1.__//insurance//__- is a contractual arrangment that protects loss.**
 * 2.//__indemnify__//- the loss of to the suffering party.**
 * 3.__//insurer-//__ the party who agrees to indemnify.**
 * 4.__//insured-//__ tha party covered or protected .**
 * 5.__//beneficiary-//__ tha recipoent of the amount to be paid.**
 * 6.__//policy//__- the written contract of insurance.**
 * 7.__//face value//__- is the stated max. amount that could be paid if the harm a person is insured against occurs.**
 * 8.__//premium-//__ the consideration for the contract of insurance.**
 * 9.__//risk//__-possible loss arising from injury.**
 * 10__//.insurable//__ __//interest//-__ potential to sustain loss .**
 * 11.__//property insurance//__- the general type of insurance.**
 * 12.__//casualty insurance//__- that indemnifies for loss resulting fom accidents.**
 * 13.__//exclusions//__- are expressly stated in the policy.**
 * 14.__//endorsements//__- the standard policy and form may also be modified.**
 * 15.__//coinsurance-//__ is a clause in a fire insurance policy.**
 * 16.__//inland marine insurance//__- for loss of personal property across land or inland waterways.**
 * 17.__//liability insurance//__-indemnifies against personal injury or property damage.**
 * 18.__//automobile insurance//__- primary among these is coverage for liability.**
 * 19.__//collision insurance//__- protect against direct damage due to colliding.**
 * 20__//.comprehensive insurance//__- indemnifies against all damage to the insured's car except that causes by collision or upset.**
 * 21.//__no-fault insurance__//-requires that the parties to an automobile accident be indemnified by their own insurance company.**
 * 22__//.life insurance//__-insure promise to pay an agreedupon amount of money to the named party upon death of a particular person.**
 * 23.__//social insurance//__- indemnifies personal ,unemployment, or forced retirment.**
 * 24.//__fire insurance-__//cover direct loss of property fesulting from fire.**
 * 1.The party who agrees to indemnify another is termed the?**
 * (a.insurer)**
 * 2.The face amount of a policy is always paid whenever the covered loss is sustained.**
 * (true)**
 * 3.The risk of any and all finacial losses can be covered by insurance.**
 * (true)**
 * 4.Which type of insurance covers loos of or damage to property while it is being transported?**
 * (a. marine)**
 * 5. The benificiary's insurable interest must exist at the time of the loss for a life insurance policy to pay.**
 * (false)**
 * 6.An insurable interest in property must exist at the time of loss for fire insurance policy to pay.**
 * (false)**
 * 1.Automobile insurance may be written to indemnifyfor both casualty and property losses.**
 * (true)**
 * 2.Depreciation is a common exclusion to property insurance coverage.**
 * (true)**
 * 3.Which of the following in not covered in the standard fire policy.**
 * (C. losses due to inept attorneys)**
 * 4.A friendly fire that that becomes uncontrollable is considered a hostile fire for fire insurance purposes.**
 * (true)**
 * 5. An clause extends auto insurancecoverage to members of the insured's household**
 * (omnibus)**
 * 1.Which of the following indemnify against the cost of medical care necessary to regain physical well-being after an illness.**
 * (a.survivor's insurance)**
 * 2.Unemployment insurance is provided directly by the social security Act.**
 * (true)**
 * 3.An _ clause prohibits an insurer from refusing to to preform due to fraud or misrepresentation**
 * after a policy has been in effect for one or two years.(incontestability)**
 * 4.Double- indemnify coverage requires the insurance to pay half the face amount of the policy if the death of the insured is accidental.**
 * (false)**
 * 5.Which of the following types of social insurance provides health insurance and hospital insurance for people age 65 and older.**
 * (a.retirement insurance)**
 * 1.althrough insurance is an excellent way to protect against possible loss, certain risk such as that of doing business cannot be covered.**
 * 2.losses covered by a fire insurance policy will be indemnified only upon a showing that they were most likely caused by hstile fire.**
 * 3.a property or casualty insurance policy can be assigned only with the consent of the insurer. the right of recover from an insurer a loos that has already been sustained may be assighed by the insurer without consent of the insurer.**
 * 4.coinsurance requiresthe insured to keep the face value of thepolicy to a certain percentage of the current value of the insured property.**
 * 5.the basic purpose of automobile insurance is to provied coverage against liabilty. it can also provide medical payment coverage, collision and comprehensive coverage, and uninsured and underinsured coverage.**
 * 6.no- fault insuance, which indemnify the insured foe various losses sustained in an automobile accident regardless of who had legal responsibility for the accident, is now required by some states.**
 * 7. fedral disability insurance proides monthly benifits for a worker and dependent if a severe, longlasting disability is suffered.**
 * 8. social security retirement insurance provides montly benefits for a worker and dependents when the worker retires at age 62 or later**
 * 1.the make good a loss.(indemnify)**
 * 2.party who indemnify.(insurer)**
 * 3.stated maximum amount that can be paid under a policy.(face value)**
 * 4.consideration for a contract of insurance.(premium)**
 * 5.the potential loss that has been insured against.(risk)**
 * 6.potiential to sustain loss due to the covered risk.(insurable intrest)**
 * 7.indemnifies for loss from personal negligence, chance, and accident.(casualty insurance)**
 * 8.exception to insurance coverage.(exclusion)**
 * 9.modification to the standard fire policy made to satisfiy individual needs.(endorsement)**
 * 10.requires that, in the ivent of loss, insureds be indemnified by their own insurance company.(no- fault insrance)**
 * 11.claus 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.(coinsurance)**
 * 12.insurance to cover personal injury or property damage claims for which the insured is legally resposible.(liability insurance)**

__**Case for legal thinking**__
 * Morse v. Volz**
 * 1.no, because he had alzheimer's.**
 * 2.inga had more influence on marvin because they where married.**
 * 3.they should give every thing to the son.**

__**Chapter 24 Vocabulary.**__ __//**4.Administratrix -**//__ //**court-appointed representative for a decedent.**// __//**14.codicil-**//__ **which is a formal, written, and witnessed adendment**//**.**// __//**21.**//**beneficiary-**__**//the trustee has a fiduciary duty to the beneficiary.//**
 * //__1.Decedent -__// person who dies**
 * //__2.Intestate__// - to die without a will**
 * //__3.__//.//__Administrator -__ court-appointed representative for a decedent.//**
 * //__5.Estate__// - bundle of ownership rights in, and powers over, realty.**
 * //__6.Testate -__// to die with a valid will.**
 * //__7.Will -__// legal expression by which a person directs how his or her property is to be distribued after death.**
 * //__8.Testatrix -__// maker of a will.**
 * //__9.Testator-__//maker of a will.**
 * //__10.Executrix__// - intestate's personal representative appointed to settle the estate.**
 * //__11.Executor__//- intestate's personal representative appointed to settle the estate.**
 * //__12.Testamentary intent -__// clear intention to make a will**
 * //__13.Testamentary capacity -__// testator must know the kind and extent of property involved, persons who stand to benefit, and that he or she is making an arrangement to dispose of his or her property after death.**
 * //__15.Holographic will__// - will written and signed entirely by the maker.**
 * //__16.Nuncupative will -__// orally made will.**
 * //__17.Escheat -__// reversion of property to the state.**
 * //__18..Trust -__// legal vehicle used to transfer the immediate control of property to another party**
 * //__19.Trustee -__ legal entity having title to the property named in a trust.//**
 * //__20.Settlor -__// creator of a trust.**
 * //__22.Inter vivos trust__// - trust created during the life time of the settlor.**
 * //__23.Testamentary trust -__// trust created after the death of a settlor in accordance with directions in the person's will.**
 * //__24.Charitable trust -__// cretaed for the fulfillment of an altruistic purpose.**
 * //__25.Private trust__// - trust created for private reasons.**
 * //__26.Spendthrift trust -__// trust created to protect the beneficiary's interest in a property from the beneficiary's creditors.**
 * //__27.Express trust__// - trust in which the terms are explicitly stated by the settler.**
 * //__28.Resulting trust -__// implied trust formed to hold property for its original owner.**
 * //__29.Constructive trust__// - legal presumption that everyoen has knowledge of facts on public file**

__**concept in brief**__ 2.A will can be revoked or chang at any time prior to the testator' death. 3.creditors' rights against the estate and the right of a suriving spouse to a share of the estate may notbe defeated by a will that attempts to give the property to others.
 * 11.The basic requirements for vaild, formal will are testamentary intent and capacity, a general knowledge of what is being done, and a singing writing with witnesses.**
 * 4.In essence, a trust can be created to accomplish any coneivable legal purpose.**
 * 5.the beneficiary can have no control whatsoever in a spendthrift trust arrangement.**
 * 6.a resulting trust is formed when entity intended to receive the benefit of an express trust cannot do so. the resulting trust is intennded to hold the property for its original owner. note that it differs from a constuctive trust, which is imposed on someone wroungfully holding the property of another but whichis also impose to benefit the true owner.**

__**Think about legal concept(page.383)**__
 * 1.Those who die without a valid will are legally termed to have died interstate.(True)**
 * 2.If there are no inheritors of the decedent's estate, the property to the state.(escheat)**
 * 3.The legal term for anoral will is a(n) will.(nuncupative)**
 * 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 a claim against it is.(b.six months)**

__**Think about legal concept(page.387)**__
 * 1.A trust terminates at the death of the settlor. (False)**
 * 2.A trust terminates with the death of the trustee. (True)**
 * 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(n). (a. inter vivos trust)**
 * 5.A charitable trust is created for a(n) _ __purpose.(__fulfillment of an altruistic)**
 * 6.In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed them by the beneficiary.(False)**
 * 7.Is a resulting trust an express trust? (No)**
 * 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 a (b. legal caretaker's duty)**


 * Your legal vocabulary**__
 * 1.a deceased person.(decedent)**
 * 2.to die without a will.(intestate)**
 * 3.intestate's personal representative(female) appointed to settle the enstate.(executfix)**
 * 4.property of the deceased.(estate)**
 * 5.to die with a valid will.(testate)**
 * 6.male maker of will.(testator)**
 * 7.orally made will.(nuncupstive will)**
 * 8.creator of trust.(settlor)**
 * 9.trust created for private resons.(private trust)**
 * 10.court appointed represenative for a decedent.(administrator)**
 * 11.trust created for the filfillment of an altruistic purpose.(chariable trust)**
 * 12.trust in which the terms are expicilty stated by the settler.(express trust)**
 * 13.will written and sighed entirely by the maker.(holographic will)**
 * 14.legal vehicle used to transfer the immediate control of property to another party.(trust)**
 * 15.trust created during the lifetime of the settler.(intr vivos trust)**

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project #4 capacity project

1. What was the constitutional issue surrounding the case? the problem was in Topeka, Kansas in the 1950s, there was schools were kids were by race. Each day, Linda Brown and her sister had to walk through a dangerous railroad switchyard to get to the bus stop for the ride to their all-black elementary school. there was a school closer to them but it was all-white so they could not go to that school. linda brown and her family felt like the school was violating the Fourteenth Amendment and took their case to court.

2. List the courts (in sequential order) that heard the case. To what court did the Supreme Court issue a writ of certiorari? the case of brown v. board of education was heard by the supreme court.

3. What was the outcome of the Supreme Court's decision? people started to stand up for their race and stop discimidting people for the coler of their skin.

4. Were any of the Justices in dissent over the majority opinion? If so, what was their argument?

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