zAlbert+Soliz

Insurance-is a contractual arrangement that protects against loss. Idenmnify-When one party pays to compensate for such harm. Insurer- The party that who agrees to idenmnify. Insured- The party covered or protected. Beneficiary- The recipient of the amount to be paid. Policy-The written contract of insurance. Face Value- Stated maximum amount that could be paid if the harm a person is insurened against occurs. Premium-The consideration for a contract of insurance. Risk-The possiablity of loss from injury or death, or property damage. Insurable Intrest- This potential to sustain loss. Porperty Insurance-Protection for personal property such as fire, theft, and windstorm. Casualty Insurance-The type of insurance that indemnifies for losses resulting from accident, chance, or negliance. Exclusions-Lets the insurance company get away without paying for certain things. Fire Insurance-Covers Property loss due to fire, lightning strike, or premises endagered by fire. Endorsements-Are policies and forms attched to the contract to fit special needs of the indivudual. Coinsurance-Is a clause in a fire insurance policy that requires the insured to maitain coverage equal to a certain pertage of the total curent value in cases. Inland Marine Insurance-Was developed be fire insurance companies for loss to most personal property while it is being transported across land or inland waterways. Liability Insurance- is a type of causalty insurance that indemnifies against personal injury or property damage claims for which the insured is legally responsible. Automoblie Insurance- Coverage over persons car. Collision Insurance-Protects against direct and scctidental damage. Comprehensive Insurance- Indemnifies against all damage to the insured's car except that caused by collision or upset. No-fault Insurance- requries that parties to an automobile accident be indemnified by their own insurance company regardlessof who is at fault. Life Insurance-When a person dies, and leaves a contract saying to pay any person they name. Social Insurance-indemnfies persons, at least aprtially, from the harsh fiancial consequences of unemployment, diability, diability, death, or forced. Decedent-The person who has died. Intestate-Those who die without a valid will. Administrator-The person appointed by the court to take care of the intestate's property. (Male) Administratrix-The person appointed by the court to take care of the intestate's property (Female) Estate- Property of the deceased. Testate-Leaving a valid will. Will-A legal expression usually in writting tell how her belongs will be distrubuted after death. Testator-The maker of the will. (Male) Testatrix-The maker of the will. (female) Executor-Person who carries your directions of the will. (male) Executrix- Person who carries your directions of the will. (female) Testamentary Intent- The clear intention of making a will. Testmentary capcity- means the maker should know what property is going to be involved, the people who will benifit from it, and the agreement that his/her stuff will be distrubuted after death. Codicil-formal written, and witnessed amendment, change in will. Holographic will-written entirly by the decedent's own hand and signed by him/her. Nuncupative Will- an oral will. Escheats- if no inheritors are there, the state keeps property. Trust-When the transferee of the property is a seprate entity under law. Trustee-The legal enity thathas the title to the subject property. Settlor-the creator of trust. Beneficiary-The party for whose benifit thr trust is managed in accordance with settlor's wishes. Inter Vivos Trust- A trust created during the lifetime of the settlor. Testamentary Trust-Trust created after setllor's death accordance with directions from will. Charitable Trust-Trust created for the fulfillment of an alteruistic purpose. Private Trust-Trust is created for purposes. Spendthrift trust- This trust protects beneficiary's intrest in the subject property from the beneficiary's creditors. Express Trust-Label for the Spendthrift trust. Resulting Trust-Formed when the entity intended to recieve the benifit of an express trust cannot do so. Constructive Trust- Created to require a person holding property to transfer it to another because retention if the property would be wrongful and unjust. media type="custom" key="7845307"
 * Chapter 23**
 * VOCAB**
 * Think About Legal Concepts**
 * 1) **The party whi agrees to idemnify another is termed the //__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 of financial losses can be covered by insurance. (False)
 * 4) Which type of insurance covers loss of or damage to property while it is being transported? (none of the above)
 * 5) The beneficiary's insurable intrest must exist at the time of loss for a life insurance policy to pay? (False)
 * 6) An insurable intrest in property must exist at the time of loss for a fire insurance policy to pay? (True)
 * 7) Automobile insurance may be written to indemnify for both casualty and property losses? (False)
 * 8) Depreciation is a common exclusion to property insurance coverage. (true)
 * 9) Which of the following is not covered in the standered fire policy? (Losses due to inept attorneys)
 * 10) A friendly fire that becomes uncontrollable is considered a hostile fire for fire insurance purposes. (True)
 * 11) A **//__omnibus__//** clause extends auto insurance coverage to members of the insured household.
 * 12) Which of the following indemnifies against the cost of medical care necessary to regain physical well-being after an illness?(Health insurance)
 * 13) Uneployment insurance is provided directly by the Social Security Act.(true)
 * 14) A **//__incontestablility__//** clause prohibits an insurer from refusing to perform due to fraud or misrepesentation after a policy has been in effect for one or two years.
 * 15) Double -indemnity coverage requires the insurer to pay half the face amount of the policy if the death of the insured is accidental. (false)
 * 16) Which of the following types of social insurance provides health insurance and hospital insurance for people age 65 and older? (Medicare)
 * Concepts in Brief**
 * 1) Although Insurance is an excellent way to protect against possiable loss, certain risks 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 liklely 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 from an insurer a loss that has already been sustained may be assigned by the insured without consent of the insurer.
 * 4) Coinsurance requires the insured to keep the face value of the policy equal to a certain percentage (usualy 80%) of the current value of the insured property.
 * 5) The basic purpose of automobile insurance is to provide coerage against liability. It can also provide medical payments coverage,collision and comprehensive coverage, and uninsured and underunsured coverage.
 * 6) No-fault ubsurance, which indemnifies the insured for various losses sustained in an automobile accident regardless of who had legal responsiblity for the accident, is now required by some states.
 * 7) Federal disability insurance provides monthly benefits for a worker and dependents if a severe, longlasting disability is sufferded.
 * 8) Social security retirement insurance provides monthly benefits for a worker and dependents when the worker retires at age 62 or later.
 * Legal Vocabulary**
 * 1) Indemnify
 * 2) Insurer
 * 3) Face value
 * 4) Premium
 * 5) Risk
 * 6) Insurable Intrest
 * 7) Casualty Insurance
 * 8) Exclusions
 * 9) Endorsements
 * 10) Casualty Insurance
 * 11) Coinsurance
 * 12) Liablitlity Insurance
 * Case For Legal Thinking**
 * 1) I don't think so because Hall hadf no idea this was going to happen. and to hold her against all this is clearly unfair. It should all be on Wayne because he knew all the guidlines he had to follow yet he failed at following them.
 * 2) I think they should chose the second one to send a warning out to everyone out there about accepting rides from anyone, and plus to make Wayne pay for his actions. He should have not been driving if he was drinking.
 * 3) I think they should stay with the dessicion first decided, just to teach Wayne a leasson and any other peolpe that think of drinking and driving.
 * Chapter 24**
 * Vocab**
 * Think about legal concepts**
 * 1) Those who die without leaving a vallid 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 __//**holographic**//__ 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 a claim against it is. (Four Months)
 * 6) a trust terminates at the death of the settloe. (false)
 * 7) A trust terminates with the death of the trustee. (true)
 * 8) a resulting trust may be created due to the death of a trust's beneficiary. (true)
 * 9) A trus created by the will of a deceased settlor is known as a. (testamentary trust)
 * 10) A charitable trust is created for a __//**altruistic**//__ purpose.
 * 11) In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed them by the beneficiary. (false)
 * 12) Is a resulting trust an express trust. (yes)
 * 13) The two types of implied trusts are the private trustand the spendthrift trust. (False)
 * 14) The trustee has a responsiblity requiring the highest degree of care and loyalty to the beneficiary. This is referred to as a (None of the above)
 * Concepts in brief**
 * 1) The basic requirments for a valid, formal will are testamentary intent and capacity, a general knowledge of what is being done, and a signed writing with witnesses.
 * 2) A will can be revoked or changed at any time prior to the testator's death.
 * 3) Credotors' rights against the estate and the rights of a surving spuse to a share of the estate may not be defeated be a will that attempts to give the property to others.
 * 4) In essence, a trust can be created to accomplish any conceviable legal purpose.
 * 5) The Beneficiary can have no control whatsoever in a spendthrift trust arrangement.
 * 6) A resulting trust is formed when the entity intended to receive the benefit of an express trust cannot do so. The resulting trust is intended to hold the property for its origional owner. Note that it differs from a contrustive trust, which is imposed on someone wrongfully olding the property of another but which is also imposed to benefit the true owner.
 * Legal Vocab**
 * 1) Decedent
 * 2) Intestate
 * 3) Administratrix
 * 4) estate
 * 5) Testate
 * 6) Testator
 * 7) nuncupative will
 * 8) Settlor
 * 9) Private Trust
 * 10) Administrator
 * 11) Charitable Trust
 * 12) Testamentary trust
 * 13) Holographic will
 * 14) Constructive Trust
 * 15) Inter vivos trust
 * Case For legal Thinking**
 * 1) No he did not becuase he was drinking so much more, and if your intoxicated or doing drugs such as drinking makes you not have capacity.
 * 2) I believe that he was influenced by Inga and did not do it at his own free will.
 * 3) It should rule for the son, since the father did not have capacity and was just influenced by Inga.
 * Glog:**



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:

Hiibel v. Sixth Judicial District Court of Nevada

1. What was the constitutional issue surrounding the case?
 * The Issue surrounding the case was that, there was a man named Larry Dudley Hiibel who refused to show the local sheriff his I.D. The man felt that there was no reson for him to show him his papers becuase he wasn't doing anything wrong. The police officer thought other wise that it would "help" him better understnad Hiibel if he knew his name, and he thought that it was mandatory for Hiibel to show him his papers because he had asked him for them.

2. List the courts (in sequential order) that heard the case. To what court did the Supreme Court issue a writ of certiorari?
 * The Nevada District Court, then went to the Supreme Court of Nevada, U.S. Supreme Court, the writ of certiorari was to the Supreme Court of Nevada.

3. What was the outcome of the Supreme Court's decision?
 * Well the Supreme Court of Nevada was trying to say that by knowing the name of the suspect it makes safer for the officer, but the U.S. Supreme Court was saying that there was no evidence of this which made there reasoning false, and they also said that under the fourth amendment that you are not required to show your driver lincense or anyother document to an officer but they would expect that the suspect would tell the officer/official his/her name.

4. Were any of the Justices in dissent over the majority opinion? If so, what was their argument?
 * Justices Breyer and Stevens both dissent, they both said that even though the fourth amendment stated all this they still believed that if there was certain suspecian by the officer/official that they should have the right to ask for information from the suspect but only when there is a great amount of suspecian and might be in fear of danger or so.

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