zDiego+Miranda


 * Project number 4: Capacity Project**





Project 3-Writ of Certiorari

Chapter 4 of your student text detailed the role of the US Supreme Court and indicated that the Court's most important function is the exercise of its appellate jurisdiction. The Supreme Court will ussue a writ of certiorari to the last court that heard a case when they believe that a specific case contains a constituinal issue important enough to be decided by the Supreme Court. Research a case where the Supreme Court issued a writ of certiorari and answer the following questions:

- Does the constitution have a say in where a women can have a abortion or not?
 * Roe v. Wade**
 * 1. What was the constitutional issue surrounding the case?**

- U.S. District Court in Texas where the law suit was filed, it got appeled and whent stright to the U.S. Supreme Court where the issued a writ of certiorari the the sepreme court of texas. - The Roe v. Wade decision stated that a women with her docter could choose to terminate the pregnancy.
 * 2. List the courts (in sequential order) that heard the** **case. To what court did the Supreme Court issue a writ of certiorari?**
 * 3. What was the outcome of the Supreme Court's decision?**

- William Rehnquist- Rehnquist concluded that, "There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted." Therefore, in his view, "the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter."
 * 4. Were any of the Justices in dissent over the majority opinion? If so, what was their argument?**

-Byron White-he felt that thte court cared more for the convience of the mother rather the the potencial life she carries

video link: [|roe v wade] case summary: []



Insurance-contrcted arrangement to that protects against loss. indemnify-When one party pays to compenstate for such harm insurer- The party that pays for the harm insured-the party covered or protected beneficiary- The recipiant that is to be paid policy-written contract of insurance Face value- stated maximum amount that could be paid if the harm a person is insured against accurs premium-consideration for a contract of insurance risk-possible loss arising from injury to or death of a person or from damage to property Insurable interest- The pottential to sustain loss property insurance-when real properd is protected form theft fire widstorm casualty insurance-type of insurance that idemnifies for losses resulting from accident, chance, or negligence exclusion-certain expetations that to coverage relieve the insurance company from payin fire insurance-type of property insurance that covers the direct loss to property resulting from fire, lightning strick, of removal from premises endangered by fire endorsements-are attached to the policy and fforms to provide for special and individual needs. coinsurance- clause in a fire insurance plicy that requires the insurance to maintain coverage equal to a certainf percentage of the total current value of the insured property inland marine insurance-Insurance that covers your property as it is being transported over water inland or in the sea liability insurance-type of casualty insurance that indemnifies against personal injury or property damage claims for which the insured is legally reponsible automobile insurance-liability coverage obligates the insurer to represent and provide the insureds degense if the insured is accused of or sued for negligent ownership, maintenacem or use of the veicle collision insurance- protects against direct and accidental damage due to collision. they only pay cash value of the object Comprehensice insurance- for damages done to their one veicles no-faulr insurance- requires that parties to an automobile accident be indemnified by their own insurance company take the place of the damages that might ahve been awarded life insurance-insurer promises to pay an agreedupon amount of money to a named party upon the death of a particular person social insurance-indemnifies person, at leat partially, from harsh financial consequences of unemplyment, disability, death, or forced retirement 1.wich of the following indemnifies against the cost of medical care necessary to regain physical well- being after an illnes? Health insurance 2.uneneployment insurance is provided directly by the social security act? false 3.An clause prohibits an insurer from refusing to perform due to fraud or misreprefusing to perform due to fraud or misrepresentation after a policy has been in effect for one or two years 4.Double-indemnity coverage requires the insurer to pay half the face amount of the policy if the death of the isured is accidental. false 5. which of the following types of the social insurance provides health insurance and hopital insurance for people age 65 and older? medicare 1.The partu who agrees to indemnify another is termed the insurer 2. The face amount of a po;icy is always paid whenever the covered loss is sustained. true 3.the risk of any and alll financial losses can be covered by insurance False 4.which type of insurance covers loss of or damage to property while it is beind transported? non of the above 5.the beneficiarys insurable interest must exit at the time of the loss for a fire inslurance policy to pay. true 1.Automobile insurance may be written to indemnify for both casualty and property losses. false 2.Depreciation is a common exclusion to property insurance coverage. true 3.Which of the following is not covered in the stardard fire policy? losses due to inept attorneys 4.A friendly fire that becomes uncontrollable is considere a hostile fire for fire insurance puposes. true 5.a omnibuous clause extends auto insurance coverage to members of the insureds household. 1.although insurance in an excellent way to pretect against possivle loss, certain risek such as that of doing business cannot be covered. 2.losses covered by a fire insurance policy can be indemnified only upon a showing that they were most likely caused by a hostile fire. 3.a property or casualty insurance policy can be assigned only with the consent of the insurer. The right to recover form a insurer a loss tha thas already been sustained may be assigned by the inby the isured without consent of the insurer. 4.Coinsurance requires the insured to keep the face value of the policy equal to a certain percentage of the current value of the insured property. 5.The basic purpose of automobile insureance is to provide coverage againsed liability. It can also provide medical payments coverage, collision and comprehensice covererage, and uninsured and underindered coverage. 6.No-fault insurance, which indemnifies the insured for various losses sustained in a automobile accident regardless of who had legal reposibility for the accient, is now required by some states. 7.federal disabilit insurance provides monthly benefits for a worker and dependents if a severe, long-lasting disability is suffered. 8.Social security retirement insurance provides monthly benefits for a worker and dependsts when the worker retires at age 62 or later.
 * Chapter 23**
 * think about legal concepts**
 * Think about legal concepts**
 * think about legal concepts**
 * Concepts in in brief**

1.indemnify 2.insurer 3.face value 4.premium 5.risk 6.insurable intrest 7.casualty insurance 8.Exclusions 9.endorsments 10.casulty insurance 12. liability 1.No i dont belive a policy holder holds such power. It is up to what the policy says that would limint and only cover whom ever is on the policy unless it states other wise. 2.ride the bus. your not responsibe in the case of an accident. 3.no because he was in clear violation of the conditions in wich the car was granted to him. decent-issues that include with some one that dies inteste-those to die with out a valid will administrator-personal representative administratrix-same but only if female estate-property of the deceased testate-leaving a valid will will-legal expression, usualy in writting, in wich a person how his possetions will be ditrubed after death testator- maker of will (if male) testrix-if female executor-to carry out will if male testatrix- if female testamentary intent-the clear intention to make a will testamentary capacity-the make mus know at least in a general way the kind and extent of the property involved codicil-a formal way to edit a testimate with a witnes amendment holographic will- a will written by the decease by his own writting and sign by him or her self nuncapative will-oral will escheats-when there are no inheritors and becomes property of the state trust-when the transferee of the property is a separate entity under law trustee-the legal entity that has the title to the subject property settlor-creator of the trust beneficiary-party for whose benefit the trust is managed in accordance with the settlors wishes inter vivos trust-a trust created during the lifetime of the creator tertamentary trust-trust created after the deceasd is death charitable trust-trust created for the fullfillment of a altruistic purpose private trust-trust created for private purpose spendthrift trust-a type of private trust where the trust protects the beneficiarys interst in the subject property from the beneficiarys creditors express trust-property labeled resulting trust-1st implied trust that is formed when the enfit of an express trust cannot not do so constructive trust-trust is created to require a person holding property to transfer it to another because retention of the property 1. The basic requirements for a valid, formal will are testamentary inted and capacitym a general knoledge of what is being done, and a signed writting with witnesses 2.a will can be revoked or changed at any time prior to the testatos death 3.creditors rights agains the estate and the rights of a surviving spouse to a share of the estate may not be defeated bya will that attempts to give the property to others 4.in essence a trust can be created to accomplich any conceivalve legal pupose 5.the beneficiary can have no control whatsoever in a spendthrift trust arrangement 6.a resulting trust is formed when the entity intended to recieved the benifit of an express trust cannot do so. The resulting trust is intended to hold the property for its original owner. Note that it differs from a constructive trust, which is imposed on someone wronfully holding the property of another but which is also imposed to benefit the true owner. 1.those who die without a valid will are legally temed to have died intestate.(true) 2.If there are no inheritos of the decents estate, the property **__escheats__** tot he state. 3.the legal tem for an oral will is __**nuncapative**__ will 4.the insertion of a codicil on a will does not have be witnessed.(false) 5.the typical time for all creditors of the estate to file a claim against it is.(Four months)
 * Legal vocabulary**
 * case for legal thinking**
 * Chapter 24**
 * chapter in review**
 * think about legal concepts**

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 to the death of a trusts beneficiary. 4.A trust createdby the will of a deceased settlor is known as a __**testamentary trust**__ 5.A charidable trust is created for a (n)__**Altrusistic**__ purpose. 6.In a spendthrift trust the beneficiarys creditos can utilize the trusts 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 trsut are the private trust and the spendthrift trust.True 9.the trustee has a reponsibility requiring the highest degree of care and loyalty to the beneficiary. this is referred to as a __**none of the above**__ 1.No you have to be sober and in a right mental state of mind which he clearly was not 2.yes after abasesive drinking he had damaged his brain and was having memory loses an is stated in the facts he was greatly infulence by his second wife. 3.they should rule in favor of john because of the lack of capacity his dad had when he signed that will.
 * case for legal thinking**

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