zChani+Blair

Project 10

Chapter 23
 * Insurance is a contractual arrangement that protects against loss.
 * Indemnify is when a party pays to compensate for such harm.
 * Insurer is the party who agrees to indemnify.
 * Insured is the party covered or protected.
 * Beneficiary is the recipient of the amount to be paid.
 * Policy is the written contract of insurance.
 * Face value is the stated maximum amount that could be paid if the harm a person is insured against occurs.
 * Premium is the consideration for a contract of insurance.
 * Risk is the possible loss arising from injury to or death of a person or from damage to property from a specified peril.
 * Insurable interest the potential to sustain loss.
 * Property insurance is the general 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 is the type of insurance that indemnifies for losses resulting from accident, chance, or negligence.
 * Exclusions are exceptions that are expressly stated in the policy.
 * Fire insurance is the type of property insurance that covers the direct loss to property resulting from fire, lightning strike, or removal from premises endangered by fire.
 * Endorsements are attached to the policy and forms to provide for special and individual needs.
 * Coinsurance is 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.
 * Inland marine insurance was developed by fire insurance companies to indemnify for loss to most personal property while it is being transported across land or inland waterways.
 * Liability insurance is a type of casualty insurance that indemnifies against personal injury or property damage claims for which the insured is legally responsible.
 * Automobile Insurance policy's liability coverage obligates the insurer to represent and provide for the insured's defense if the insured is accused of or sued for negligent ownership, maintenance, or use iof the motor vehicle. In addition, if necessary, the coverage indemnifies for the payment of damages resulting from such negligence.
 * Collision Insurance protects against direct and accidental damages due to colliding with another object, or upset.
 * Comprehensive insurance indemnifies against all damage to the insured's car except that caused by collision or upset.
 * No-fault insurance requires that parties to an automobile accident be indemnified by their own insurance company regardless of who is at fault.
 * Life insurance is a contractual arrangement under which an insurer promises to pay an agreed upon amount of money to a named party upon the death of a particular person.
 * Social insurance indemnifies persons, at least partially, from the harsh financial consequences of unemployment, disability, death, or forced retirement.

Think About Legal Concepts
 * 1) The party who agrees to indemnify another is termed the [insurer].
 * 2) The face amount of a policy is always paid whenever the covered loss is sustained. [False]
 * 3) The risk of any and all 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? [Marine.]
 * 5) The beneficiary's insurable interest must exist at the time of loss for a life insurance policy to pay. [true]
 * 6) An insurable interest in property must exist at the time of loss for a fire insurance policy to pay. [false]
 * 7) Automobile insurance may be written to indemnify for both casualty and property losses. [true]
 * 8) Depreciation is a common exclusion to property insurance coverage. [true]
 * 9) Which of the following is not covered in the standard 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(n) _ clause extends auto insurance coverage to members of the insured's household. [automobile insurance]
 * 12) Which of the following indemnifies against the cost of medical care necessary to regain physical well-being after an illness? [survivor's insurance]
 * 13) Unemployment insurance is provided directly by the Social Security Act. [false]
 * 14) A(n) 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. [incontestability]
 * 15) Double-indemnity coverage requires the insurer to pay half the face amount of the policy if the death of the insured is accidental. [true]
 * 16) Which of the following types of social insurance provides health insurance and hospital insurance for people age 65 and older. [D. Medicare]

Concepts in Brief
 * 1) Although insurance is an excellent way to protect against possible 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 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 from an insurer a loss that has already been sustained may be assigned by the insured without consent of the insurer.
 * 4) Coinsurance requires that insured to keep the face value of the policy equal to a certain percentage (usually 80 percent) of the current value of the insured property.
 * 5) The basic purpose of automobile insurance is to provide coverage against liability. It can also provide medical payments coverage, collision and comprehensive coverage, and uninsured and under-insured coverage.
 * 6) No-fault insurance, which indemnifies that insured for various losses sustained in an automobile accident regardless of who had legal responsibility for the accident, is now required by some states.
 * 7) Federal disability 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 dependents when the worker retires at age 62 or later.

Your Legal Vocabulary
 * 1) To make good a loss [indemnify]
 * 2) Party who will indemnify if loss occurs [insured]
 * 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) Potential to sustain loss due to the covered risk [Insurable Interest]
 * 7) 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 [Endorsements]
 * 10) Requires that, in the event of loss, insureds be indemnified by their own insurance sompanies. [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. [Coinsurance]
 * 12) Insurance to cover personal injury or property damage claims for which the insured is legally responsible. [Liability Insurance]

Chapter 24
 * Decedent is a person who died.
 * Intestate is to die without a will.
 * Administrator (administratrix) is a court-appointed representative for a decedent. (male/female)
 * Estate is a bundle of ownership rights in, and powers over, realty; also, property of the deceased.
 * Testate is to die with a valid will.
 * Will
 * Testator (testatrix) is the maker of the will. (male/female)
 * Executor (executrix) is the interstate's personal representative appointed to settle the estate (male/female).
 * Testamentary intent clear intention to make a will.
 * Testamentary capacity is when the 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.
 * Codicil is a formally written and witnessed amendment to a will.
 * Holographic will is a will written and signed entirely by the maker.
 * Nuncupative will is an orally made will.
 * Escheats is the reversion of property to the state.
 * Trust is the legal vehicle used to transfer the immediate control of property to another party.
 * Trustee is the legal entity having title to the property named in trust.
 * Settlor is the creator of a trust.
 * Beneficiary is a party for those whose benefit a trust is managed; also, recipient of the amount to be paid under an insurance policy.
 * Inter vivos trust is a trust created during the lifetime of the settlor.
 * Testamentary trust
 * Charitable trust was created for the fulfillment of an altruistic purpose.
 * Private trust is trust created for private reasons.
 * Spendthrift trust is trust created to protect the beneficiary's interest in a property from the beneficiary's creditors.
 * Express Trust is trust in which the terms are explicitly stated by the settler.
 * Resulting trust
 * Constructive trust was created to require a person holding property to transfer it to another because retention of the property would be wrongful and unjust enrichment of the holder.

Think About Legal Concepts
 * 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 [es-cheats] to the state.
 * 3) The legal term for an oral will is a nuncupative will.
 * 4) The insertion of a condicil 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]
 * 6) A trust terminates at the death of the settlor. [false]
 * 7) A trust terminates with the death of the trustee. [false]
 * 8) A resulting trust may be created due to the death of a trust's beneficiary. [false]
 * 9) A trust created by the will of a deceased settlor is known as a [Inter vivos trust]
 * 10) A charitable trust is created for an [altruistic] purpose.
 * 11) In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed then by the beneficiary. [false]
 * 12) Is a resulting trust an express trust? [No]
 * 13) The two types of implied trusts are the private trust and the spendthrift trust. [false]
 * 14) The trustee has a responsibility requiring the highest degree of care and loyalty to the beneficiary. This is referred to as a [A. Fiduciary Duty]

Concepts in brief
 * 1) The basic requirements for a valid, formal will are testamentary intent and capacity, a general knowledge of what is being down, and a signed writing with witnesses.
 * 2) A will can be revoked or changed at any time prior to the testator's death.
 * 3) Creditors' right against the estate and the rights of surviving spouse to a share of the estate may not be defeated by a will that attempts to give the property to others.
 * 4) In essence, a trust can be created to accomplish an conceivable legal purpose.
 * 5) The beneficiary can have no control whatsoever in a spendthrift thrust 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 originol owner. Note that it differs from a constructive trust, which is imposed on someone wrongfully holding the property of another but which is also imposed to benefit the true owner.

Your Legal Vocabulary
 * 1) A deceased person [decedent]
 * 2) To die without a will [intestate]
 * 3) Interstate's personal representative (female) appointed to settle the estate [executrix]
 * 4) Property of the deceased [estate]
 * 5) To die with a valid will [testate]
 * 6) Male maker of a will [testator]
 * 7) Orally made will [nuncupative will]
 * 8) Creator of a trust [settlor]
 * 9) Trust created for private reasons [private trust]
 * 10) Court appointed representative for a decedent [Administrator (administratrix)]
 * 11) Trust created for the fulfillment of an altruistic purpose [charitable trust]
 * 12) Trust in which the terms are explicitly stated by the settler [express trust]
 * 13) Will written and signed 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 settlor [Inter vivos trust]

Case For Legal Thinking
 * No, the decedent did not have testamentary capacity. He began to exhibit abnormal behavior such as engaging in alcoholism and experiencing memory lapses.
 * 1) If the decedent was experiencing memory lapses and began to go senile then it could be implied Inga's influence was too great. The decedent had such a great impact when his first wife died, and Inga even said she would date Marvin because her current boyfriend, Eldon, "had no money." Not to mention Marvin told John that "everything has been taken care of to protect all of our children." Why he would leave his family out of the will, especially his son after all John had done for him, makes no sense.
 * 2) The court should rule in favor of the plaintiff, John Morse.

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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: 1. What was the constitutional issue surrounding the case?

What constitutes the "truly persuasive" showing of innocence which will entitle a deathsentenced habeas petitioner to a hearing at which he can establish that his execution would violate the Constitution because he is actually innocent of the crime.

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 first went to the Western District of Missouri, then to the United States Court of Appeals for the Eighth Circuit. The United States Court of Appeals was the case that was issued the writ of certiorari.

3. What was the outcome of the Supreme Court's decision?

That "Mr. Schlup" was not guilty.

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

No.

Students will post questions and responses on the wikispace. Assignment is due by the end of class on Tuesday, September 28.

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