zDesiree+Robinson

=Chapter 23 Vovabulary= Insurnace: Agreement under which one party will pay to offset a loss to another. Indemnify: To make good a loss. Insurer: Party who will indemify if loss occurs. Insured: Party protected or covered if te loss occurred. Beneficiary: Party for 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: Consideration for insurance contract. Risk:Potential loss that is insured against. Insurable Intrest: 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, chacnce, or negligence. Exclusions: Exceptions to insurance coverage. Fire Insurance: Property insurance that covers for loss damage due to fire (and usually smoke as well) Endorsements: (also called riders) modifications made to the standard fire policy to satisfy an insured's needs. Coinsurnace: Clause in a fire policy that requires the insured to maintain coverage equal to certain percentage of the total current value of the insured property. Inland Marine Insurnace: Insurance that voers against loss or famage to personal property where the property is located or while it is being transported by any means other than by sea. Liability Insurance: Insurance that covers personal injury or property damage claims for which the insured is legally repsonsible. Automobile Insurnace: 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 collidig with another object. Coprehensive Insurance: Inemnifies against all damges to the insured's car except that caused by collision or upset. No-fault insurance: Insurance that requires that the parties to an automobile accident be covered by their own insurance company, regaurdless of who is at fault. Life Insurance: Insurance that pays to a named beneficiary or the deceased's estate upon the death of the insured. Social Insurance: Governement-sponsord insurance protecting against financial problems related to retirement, survivorship, disbility, and declining health. =**Chapter 24 Vocabulary**= Decedent: Person who dies. Intestate:To die without a will. Administrator: Court-appointed represenative for a decedent (male/female). Adminstratrix: Court-appointed representative for a decendent. (male/female)/ Testate:To die with a valid will. Will: Legal expression by which a person directs how his or her property is to be distributed after death. Testator: Maker of a will (male/female). Testatrix:Maker of a will (male/female). Executor:Intestate's personal representative appointed to settle the estate (male/female). Executrix:Intestate's personal representative appointed to settle the estate (male/female). Testamentary Intent: Clear intention to make a will. Testamentary Capacity: Testator must know the kind and extent of property involved, persons who stand to benfit, and that he or she is making an arrangement to dspose of his or her property after death. Codicil: Formal, written, and witnessed amendment to a will. Holographic Will: Will written and signed enitirely by the maker. Nuncupative Will: Orally made will. Escheats: reverson of property to the state. Trust: Legal vehicle used to transfer the immediate control of property to another party. Trustee: Legal entity having title to th property named in a trust. Settlor: Creator of a trust. Beneficiary: Party for whose benefit a trust is managed; also, recipient of the amount to be paid under an insurance policy. Iner Vivos Trust:Trust created during the lifetime of the settlor. Testamentary Trust: Trust created after the death of a settlor in accordance with directions in the person's will Charitable Trust: Created for the fulfillment of an altruistic purpose. Private Trust: Trust created for private reasons. Spendthrift Trust: Trust created to protect the beneficiary's interest in a property from the beneficiary's creditors. Express Trust: Trust in which the terms 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 proerty to transfer it to another because retention would be a wrongful and unjust enrichment of the holder.

Legal Concepts Chapter 23
__23.1-__ 1. The party who agrees to indemfimy 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 financial losses canbe covered by insurance.- False 4. Which type of insurance covers loss of damage to proerty 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 ecist at the time fo loss for a fire insurance polciy to pay. -False __23.2-__ 1. Automobile Insurance may be written to indemfimy for both casualty and property loss.-True 2. Depreciation is a common exclusion to property insurance coverage.- True 3. Which of the following is not covered in the standard fire policy?- C Losses due to inept attorneys 4. A friendly fire that becomes uncontrollable is considered a hostile fire for fire insurance purposes.- True 5. An ___ Clause extends auto insurance coverage to members of the insured household.

__23.3-__ 1) Which of the following idemnifies against the cost of medical care necessary to regain physical well-being after being ill? Survivors Insurance 2) Unemployment insurance is provided directly by the Social Security Act. False 3) 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. 4) Double-indemnity coverage requires the insurer to pay half the face value amount of the policy if the death of the insured is accidental. True 5) 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 that cannot be covered. 2. Losses covered by a fire insurance policy will be indermnified only upon showing that they were most likely caused by a hostile fire. 3. A property of casualty insurance policy can be assigned only with the consent of the insurer. The right to recover from the insurer a loss that has already been sustained may be assigned by the insured without consent from the insurer. 4. Coninsurance requires the insured to keep the face value of the policy equal to a certain percentage (usually 80%) 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 payment coverage, collision comprehensive 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 responisibility 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.

__Legal Vocabulary__ 1. To make good a loss: Indemnify 2. Party who will indemnify is the loss occurs: Insured 3. Stated maximum amount that can be paid under a policy: Face Value 4. Consideration for the 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: Casulaty 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 companies: 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 deamage claims for which the insured is legally responsible: Liability Insurance

**__Legal Concepts Chapter 24__**
__24-1__ 1. Those who die without a valid will are legally termed to have died intestate. True 2. If there are no inheritors od the decendent's estate, 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 B) Six months

__24-2__ 1. A trust terminates at the death of a settlor- False 2. A trust terminates with the death of the trustee- False 3. A resulting trust may be created due to the death of a trust's beneficairy- False 4. A trust created by the will of a deceased settlor is know as a A) inter vivos trust 5. A charitable trust created for an altruistic purpose. 6. In a spendthrift trust the beneficiary's creditors can utilize the trust's property to satisfy the debts owed to them by the beneficiary. False 7. Is a resulting trust an express trust? No. 8. Thw two types of implied trusts are private trusts and the spendthrift trust. False 9. The trustee has a responsibility requiring the highest degree of care and loyalty to the beneficiary. This is referred to as 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 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. Ceditors' rights against the estate and the rights of a 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 any convievable 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 recieve the benefit of an express trust cannot do so. The resulting trust is intended to hope the property for it's original owner. Not the it differes from a contructive trust, wich is imposed on someone wrongfully holding the property of another but is also imposed to benefit of the true owner. __Legal Vocabulary__ 1. A deceased person- decendent 2. To die without a will- intestate 3. Intestate'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 the deceased- Administrator/Administatrix 11. Trust created for the fulfillment of an altruistc purpose- charitable trust 12. Trust in which the terms are explicilty state by the settlor- 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 1. I believe that the decendent did not have testamentary capacity because in the events leading up to his death he was experiecning vision loss which could have affected his sight at the time the will was written. The possibility of the decendent suffering from Alzheimer's Disease gives even more reason that he might have forgotton what his son had done for him.

Did the decendent act of his own free will in cutting out his son and the son's family or was Igna's influence too great? 2. I believe he the decendent acted in his own free will but that he was greatly incluenced and taken advantage of by Igna. She knew what type of state he was in and she knew the way that he handled situations were not that best, so she took advantage of his vulnerableness and used it to her advantage, making sure she recieved all that the decendent had.

How should the court rule in this case? == =media type="custom" key="7457831"=

=﻿= =George W. Bush Petitioner v. Palm Beach County Canvassing Board et al.=

1. What was the constitutional issue surrounding the case? The issue invloved whether the decision of the Florida Supreme Court, by effectively changing the State’s elector appointment procedures after election day, violated the Due Process Clause, and also whether the decision of the Florida Surpreme Court changed the manner in which the State’s electors are to be selected, in violation of the legislature’s power to designate the manner for selection.

2. List the courts (in sequential order) that heard the case. To what court did the Supreme Court issue a writ of certiorari? Governor George W. Bush, Republican candidate for the Presidency, filed a petition for certiorari to review the Florida Supreme Court decision. So to the Florida Supreme Court a writ of certiorari was issued. Then straight to the Surpreme Court.

3. What was the outcome of the Supreme Court's decision? The Supreme Court issued its decision on November 21.Threre were two issues: 1. If discrepancy between an original machine return and a sample manual recount was considered an “error in vote tabulation”. The court decided for the first issue, that under the law, a discrepancy between a sample manual recount and machine returns was considered “error in vote tabulation”, justifying a full manual recount. The 2nd issue was wheather it was done in the time frame for a mannual reccount. The court further directed the Secretary to accept manual counts submitted prior to that deadline of extended from 7 days to 12 days.

4. Were any of the Justices in dissent over the majority opinion? If so, what was their argument? There are expressions in the opinion of the Supreme Court of Florida. Their argument, for example, was that “[t]o the extent that the Legislature may enact laws regulating the electoral process, those laws are valid only if they impose no ‘unreasonable or unnecessary’ restraints on the right of suffrage” guaranteed by the state constitution. The opinion also states that “[b]ecause election laws are intended to facilitate the right of suffrage, such laws must be liberally construed in favor of the citizens’ right to vote …"

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