zWesley+Joyner

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 * Chapter 23 Vocabulary**
 * Insurance-**agreement under which one party will pay to offset a loss to another
 * indemnify-**to make good a loss
 * insurer-**party won will indemnify if loss occurs
 * insured-**party protected or covered if the loss occurs
 * beneficiary-**party of whose benefit a trust is managed; also recipient of the amount to be paid under an insurance policy
 * policy-**written contract of insurance
 * face value-**stated maximum amount that could be paid under a policy
 * premium-**the consideration for a contract of insurance
 * risk-**potential loss that is insured against
 * insurable interest-**potential to sustain loss if the insured property is damaged or destroyed or if the insured person is injured or dies
 * property insurance-**insurance that covers for losses resulting from perils such as fire, theft, or windstorm
 * casualty insurance-**insurance that covers for losses due to accident chance or negligence
 * exclusions-**exceptions to insurance coverage
 * endorsements-**modifications made tot he standard fire policy to satisfy an insureds needs
 * Coinsurance-**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
 * inland marine insurance-**insurance that covers against loss or damage to personal property where the property where the property is located or while it is being transported by any means other than by sea
 * libilty insurance-**insurance that covers personal injury or property damage claims for which the insured is legally responsible
 * automobile insurance-**insurance providing liability and other coverages for the operation of a motor vehicle
 * collision insurance-**automobile insurance that protects against upset and direct and accidental damage due to colliding with another object
 * comprehensive insurance-**insurance that covers against all damage to the insurer's car except that caused by collision or upset
 * No-fault insurance-**insurance that requires that the parties to automobile accident be covered by their own insurance company, regardless of who is at fault
 * life insurance -**insurance that pays to a named beneficiary or the decease's estate upon the death of the insured
 * social insurance-**government-sponsored insurance protecting against financial problems related to retirement survivorship,disability, and declining health


 * Chapter 24 Vocabulary**

**Administratrix-** court appointed representative for a decent **Testate**-Those who die with a valid will, died testate
 * Decedent**- the person who dies.
 * Intestate**- those who die without a valid will are said to have died intestate
 * Administrator** or administratix- a personal representative that will take charge of the intestates property.
 * Estate**- the property of the deceased.
 * Testator or testatrix**- the maker of the will.
 * Executor or Executrix**- personal representative that will carry out the directions in the will.
 * Testamentary Intent**- the clear intention to make a will.
 * 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 the he or she is making arrangements to dispose of his or her property after death.
 * Codicil**- a formal, written, and witnessed amendment.
 * Holographic Will**- a will that was written entirely by the decendent's own hand and signed by him or her.
 * Nuncupative Will**- orally made will.
 * Escheats**- reverts to the state.
 * Trust**- when the trensferee of the property is a separate entity under the law.
 * Trustee**- the legal entity that has the title to the subject property.
 * Settlor**- the creator of a trust.
 * Beneficiary**- the party for whose benefit the trust is managed in accordance with the settlor's wishes.
 * Inter Vivos Trust**- a trust created during the lifetime of the creator.
 * Testamentary Trust**- a trust created after the death of the settlor in accordance with directions in her or his will.
 * Charitable Trust**- a trust created for the fulfillment of an altruistic purpose.
 * Private Trust**- a trust created for a private purpose.
 * Spendthrift Trust**- protects the beneficiary's interest in the subject property from the beneficiary's creditors.
 * Express Trusts**-trust in which the teams are explicitly stated by the settler
 * Resulting Trust-**implied trust formed to hold property for its original owner
 * Constructive Trust-**created to require a person holding property to transfer it to another because retention would be a wrongful and unjust enrichment of the holder

The party who agrees to indemnify another is termed the (a) **insurer** The face amount of a policy is always paid whenever the covered loss is sustained. **False** The risk of any and all financial losses can be covered by insurance. **True** Which type of insurance covers loss of or damage to property while it is being transported (a) **marine** The beneficiary's insurable interest must exist at the time of loss for a life insurance policy to pay. **False** An insurable interest in property must exist at the time of loss for a fire insurance policy to pay. **True** Automobile insurance may be written to indemnify for both casualty and property losses. **False** Depreciation is a common exclusion to property insurance coverage. **True** Which of the following is not covered in the standard fire policy? (c) **losses due to inept attorneys** A friendly fire that becomes uncontrollable is considered a hostile fire for fire insurance purposes. A(n) __omnibus__ clause extends auto insurance coverage to members of the insured's household. Which of the following indemnifies against the cost of medical care neccessary to regain physical well-being after an illness? (c) health insurance. Unemployment insurance is provided directly by the Social Security Act. **True** A(n) __incontestability__ 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. Double-indemnity coverage requires the insurer to pay half the face amount of the policy if the death of the isnured is accidental. False Which of the following types of social insurance provides health insurance and hospital insurance for people age 65 and older? (d) **Medicare** Those who die without a valid will are legally termed to have died interstate. **True** If there are no inheritors of the decedent's estate, the property __escheats__ to the state. The legal term for anoral will is a(n) **__nuncupative__ will**. The insertion of a codicil on a will does not have to be witnessed. **False**. The typical time for all creditors of the estate to file a claim against it is (b) **six months** A trust terminates at the death of the settlor. **False** A trust terminates with the death of the trustee. **True** A resulting trust may be created due to the death of a trust's beneficiary. **True** A trust created by the will of a deceased settlor is known as a(n) (a) **inter vivos trust** A charitable trust is created for a(n) **__fulfillment of an altruistic__ purpose**. In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed them by the beneficiary. **False** Is a resulting trust an express trust? **No** The two types of implied trusts are the private trust and the spendthrift trust. **False** 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**. Although Insurance is an excellent way to protect against possiable loss, certain risks such as that of doing business cannot be covered. Losses covered by a fire insurance policy will be indemnified only upon a showing that they were most liklely caused by a hostile fire. 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. 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. 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. 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. Federal disability insurance provides monthly benefits for a worker and dependents if a severe, longlasting disability is sufferded. Social security retirement insurance provides monthly benefits for a worker and dependents when the worker retires at age 62 or later. Indemnify Insurer Face value Premium Risk Insurable Intrest Casualty Insurance Exclusions Endorsements Casualty Insurance Coinsurance Liablitlity Insurance
 * Chapter 23 Concepts**
 * Chapter 24 Concepts**
 * Chapter 23 Concepts in Brief**
 * Chappter 23 Legal Vocabulary**

I really 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. I belive 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.
 * Chapter 23 Case For Leagal Thanking**

Those who die without leaving a vallid will are legally termed to have died intestate. **true** If there are no inheritors of the decedent's estate, the property __//**escheats**//__ to the state. The legal term for an oral will is a __//**holographic**//__ will. The insertion of a codicil on a will does not have to be witnessed. **False** The typical time for all creditors of the estate to file a claim against it is. **Four Months** a trust terminates at the death of the settloe. **false** A trust terminates with the death of the trustee. **true** a resulting trust may be created due to the death of a trust's beneficiary. **true** A trus created by the will of a deceased settlor is known as a. **testamentary trust** A charitable trust is created for a __//**altruistic**//__ purpose. In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed them by the beneficiary. **false** Is a resulting trust an express trust. **yes** The two types of implied trusts are the private trustand the spendthrift trust. **False** 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**
 * Chapter 24 Think About Legal Concpts**

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. A will can be revoked or changed at any time prior to the testator's death. 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. In essence, a trust can be created to accomplish any conceviable legal purpose. The Beneficiary can have no control whatsoever in a spendthrift trust arrangement. 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.
 * Chapter 24 Concepts in Belief**

Decedent Intestate Administratrix estate Testate Testator nuncupative will Settlor Private Trust Administrator Charitable Trust Testamentary trust Holographic will Constructive Trust Inter vivos trust
 * Chapter 24 Legal Vocabulary**


 * Chapter 24 Case For Legal Thanking**

The decedent would have seemed to have testamentary capacity at the time of making out the new contested will, but having proof from various experts that Marvin may have been subject to early senile degeneration or Alzheimer's Disease would definitely affect his capacity. I think that Inga's influence was too great, and was the reason behind Marvin cutting out his own family from the will. Why else would he want to leave all of his property behind to Inga and even to her children whom he hardly knows?

The court should rule in favor of John Morse's proposal. Not only was the decedent going through tough emotional times, but he was also in the preliminary stages of memory loss causing diseases.



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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: 1. What was the constitutional issue surrounding the case? 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? 4. Were any of the Justices in dissent over the majority opinion? If so, what was their argument?

Texas V White 1869 Answers 1 The case involved a claim by the Reconstruction government of Texas that United States bonds owned by Texas since 1850 had been illegally sold by the Confederate state legislature during the American Civil War. The state filed suit directly with the United States Supreme Court, which, under the United States Constitution, retains original jurisdiction on cases in which a state is a party.

2 United States Surpreme Court

3 constitutionality of state secession

4 Chief Justice Salmon P.

Chase held that secession was illegal and that Texas had never left the Union. He admitted that participation in the rebellion had left the state without a lawful government and had suspended its rights as a member of the Union. Consequently, under the Guarantee Clause, Congress had authority to reestablish state government. Although Texas had not been restored to its normal position in the Union, Chase noted that Congress had recognized the presidentially reconstructed government as provisional, entitling it to sue in the federal courts.

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