zCynthia+Avalos

Final Project: December 2010

=Ch.23 Vocab=
 * 1) Insurance- a contractual arrangement that protects against loss
 * 2) Indemnify- make good, the loss to the suffering party
 * 3) Insurer- th party who agrees to indemnify
 * 4) Insured- the party covered or protected
 * 5) Beneficiary- the recipient of the amount to be paid
 * 6) Policy- the written contract of insurance
 * 7) Face Value- the stated maximum amount that could be paid if the harm a person is insured against occurs
 * 8) Premium- the consideration for a contract of insurance
 * 9) Property Insurance- 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
 * 10) Casualty Insurance- the type of insurance that indemnifies for losses resulting from accident, chance, or negligence
 * 11) Exclusions-certain exceptions to covergae relieve the insurance company from paying
 * 12) Fire Insurance- the type of property insurance that covers the direct loss to property resulting from fire, lightning strike, or removal from premises endangered by fire
 * 13) Endorsements- (also known as riders) modifications made to the standard fire policy to satisfy an insured's needs
 * 14) Coinsurance- 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
 * 15) Inland Marine Insurance- insurance that covers against loss or damage to personal property where the property is located or while it is being transported by any means other than by sea
 * 16) Liability Insurance- a type of casualty insurance that indemnifies against personal injury or property damage claims for which the insured is legally responsible
 * 17) Automobile Insurance- insurance providing liability and other coverages for the operation of amotor vehicle
 * 18) Collisin Insurance- protects against direct and accidental damage due to (a) colliding with another object, such as a tree or bridge abutment, and (b) upset, such as the overturn suffered by Williams in //What's Your Veredict?// Collision coverage would provide Williams compensation for the loss of his vehicle in the accident
 * 19) Comprehensive Insurance- indemnifies against all damage to the insured's car //except// that caused by collision or upset
 * 20) No-fault Insurance- requires that parties to an automobile accident be indemnified by their own insurance company regardless of who is at fault
 * 21) Social Insurance- indemnifies persons, at least partially, from the harsh financial consequences of unemployment, disability, death, or forced retirement

=Ch. 23 "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 (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 standard fire policy? -Losses due to inept attorneys
 * 10) A friendly fire that becomes uncontrollable is considered a hostile fire for fire insurance purposes (False)
 * 11) A(n) Omnibus clause extends auto insurance covergae to memebers of the insured's household
 * 12) Which of the following indemnifies against the cost of medicl care necessary to regain physical well-being after an illness? -Health Insurance
 * 13) Unemployment insurance is provided directly by the Social Security Act. (False)
 * 14) 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.
 * 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? -Retirement Insurance

=Ch. 23 ﻿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 mos t likely caused by a hostile fire.
 * 3) A property or casualty insurane 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 (usually 80 percent) of the current value of the insured property.
 * 5) The basic purpose of automobile insurance is to provide medical payments coverage, collision and coprehensive coverage, and uninsured and underinsured coverage.
 * 6) No-fault insurance, which indemnifies the 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 whent eh worker retires at age 62 or later.

=﻿Ch.23 Case for Legal Thinking=
 * 1) Should the policyholder have the power to eliminate insurance coverage by imposing conditions on permission to drive, as Gwendolyn Hall did in this case? (For example, what if Hall had granted Wilkerson permission to drive on the condition that he neither damage the car nor involve it in an accident?)
 * 2) if Wilkerson is not an insured, the injured parties lose a major source of funding to pay for the expenses of recovering from their injuries. This may prevent them from receiving treatment that would enable them to engage in gainful employment and/or may force them into conditions of financial hardship. On the other hand, holding that they are unable to recover from their injuries because Wilkerson is not an insured may send a warning to others to be careful about the persons from whom they accept rides under similar circumstances. From a societal standpoint, which alternative do you think should be chosen? Why?
 * 3) How do you think the apellate court should hold? Why?

=Ch. 24 Vocab=
 * 1) Decendent- the person who dies
 * 2) Intestate- to die without a will
 * 3) Administrator- (if male) a personal representative
 * 4) Administratrix- (if female) a personal representative
 * 5) Testate- to die leaving a valid will
 * 6) Will- a legal expression, usually in writing, by which a person directs how her or his property is to be distributed after death
 * 7) Testator- (if male) the maker of the will
 * 8) Testatrix- (if female) the maker of the will
 * 9) Executor- (if male) a personal representative for the will maker
 * 10) Executrix- (if female) a personal representative for the will maker
 * 11) Testementary Intent- the clear intetion to make a will
 * 12) Testamentary Capacity- means 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 that he or she is making arrangements to dispose of his or her property after death
 * 13) Codicil, a formal, written, and witnessed amendment
 * 14) Holographic Will- one that was written entirely the decendent's own hand and signed by him or her
 * 15) Nuncupative Will- oraly made will
 * 16) Escheats- reverts to the state
 * 17) Trust- created when the transferee of the property is a separate entity under law
 * 18) Trustee- the legal entity that has the title to the subject property
 * 19) Settlor- the creator of a trust
 * 20) Beneficiary- the party for who's benefitthe trust is managedi n accordance with the settlor's wishes
 * 21) //Inter Vivos Trust//- a trust created during the lifetime of the settlor
 * 22) Testamentary Trust- a trust created after the death of the settlor in accordance with directions in her or his will
 * 23) Charitable Trust- a trust created for the fulfillment of an altruistic purpose
 * 24) Private Trust- alternatively, a trust created for a private purpose
 * 25) Spendthrift trust- a type of private trust
 * 26) Express Trusts- trust in which the terms are explicitly stated by the settler
 * 27) Resulting Trust- implied trust formed to hold property for its original owner
 * 28) 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

=﻿Ch. 24 "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 decendent's estaet, the property __escheats__ to the state.
 * 3) The legal term for an oral will is a nuncupative 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
 * 6) A trust terminates at the death of the settlor. (True)
 * 7) A trust terminates with the death of the trustee. (False)
 * 8) A resulting trust may be created due to death of a trust's beneficiary. (False)
 * 9) A charitable trust is created for a(n) __private__ purpose.
 * 10) In a spendthrift trust hte beneficiary's creditors can utilize the trust's proerty to satisfy the debts owed to them by the beneficiary. (False)
 * 11) Is a resulting trust an expres trust? -No
 * 12) The two types of implied trusts are the private trust and the spendthrift trust. (
 * 13) The trustee has a responsibility requiring the highest degree of care and loyalty to the benficiary. This is referred to as a

=Ch.24 Concepts in Brief= =Ch.24 Case for Legal Thinking=
 * 1) The basic requirements for a valid, formal will are testamentary intent and capacity,a general knowledge of ehat is being done, and a signed writing with witnesses.
 * 2) A will can be revoked or changed at any tiem prior to the testator's death.
 * 3) Creditors' rights against the estate and the rights of a surviving spouse to a shaer 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 accomplisyh any conceivable 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 teh benefit of a n 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 wrongfully holding the property of another but which is also imposed to benefit the true owner.
 * 1) Did the decendent have testamentary capacity?
 * 2) Did the decendent act of his own free will in cutting out his son and the sons family or was Inga's influence too great?
 * 3) How should the court rule in this case?

=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?

-The Supreme Court noted that petitioner, Governor George W. Bush asserted that the net gain for Vice President Gore in Palm Beach County was 176 votes, and directed the Circuit Court to resolve that dispute on remand.

2. List the courts (in sequential order) that heard the case. To what court did the Supreme Court issue a writ of certiorari?

-The Court of Circuit and The Supreme Court.

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

-The Supreme Court held that Vice President Gore had satisfied his burden of proof under §102.168(3)(c) with respect to his challenge to Miami-Dade County’s failure to tabulate, by manual count, 9,000 ballots on which the machines had failed to detect a vote for President (“undervotes”). The Supreme Court also determined that both Palm Beach County and Miami-Dade County, in their earlier manual recounts, had identified a net gain of 215 and 168 legal votes for Vice President Gore.

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

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