Law Flashcards
When a funeral director has a dead human body in his/her care, he/she is properly termed a:
Bailee
Bailor
Consignor
Custodian
Custodian
An addition or modification of a will is known as a:
Codicil
Deed
Gift
Letters Testamentary
Codicil
A person appointed by the court to oversee the estate of an intestate is called:
Administrator
Executor
Heir
Legatee
Administrator
When a person dies without a will, he is said to die:
Administrator
Executor
Intestate
Testate
Intestate
What is a written disposition of property, real or personal, to take effect at the death of an individual?
Deed
Lease
Promissory Note
Will
Will
What is a private or civil wrong, either intentional or caused by negligence, for which there may be action for damages?
Fraud
Tort
Undue Influence
Unjust Enrichment
Tort
In order to be enforceable, a valid contract must meet which of the following requirements?
- Mutual Agreement
- Competent Parties
- Supported by Consideration
- Lawful Purpose
1
1 and 2
1, 2, and 3
1, 2, 3 and 4
1, 2, 3 and 4
What is a breach of duty of care one individual has toward others?
Civil Law
Criminal offense
Negligence
Promissory Estoppel
Negligence
What is the election to void a contact called?
Disaffirmance
Forbearance
Ratification
Usury
Disaffirmance
The maximum amount of interest that may be charged is called the:
Capital Rate
Contract Rate
Legal Rate
Prime Rate
Contract Rate
Whatever the promisor demands and receives as the price for his promise is called:
Consideration
Disaffirmance
Forbearance
Ratification
Consideration
What are customs which have come to be recognized by the courts as law?
Case Law
Common Law
Constitutional Law
Criminal Law
Common Law
What are written instruments drawn in a special form, which can be transferred from person to person as a substitute for money or as instruments of credit?
Bailments
Contracts
Fungibles
Negotiable Instruments
Negotiable Instruments
When one party to a contract breaches it, the other party has the right to sue for breach of contract, but he must exercise this right within the time fixed by a statute which is called:
Statute of Contracts
Statute of Frauds
Statute of Limitations
Statute of Time
Statute of Limitations
What are damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss?
Compensatory Damages
Liquidated Damages
Nominal Damages
Punitive Damages
Compensatory Damages
An association of individuals united for a common purpose and permitted by law to use a common name and to change its members without dissolution of the association is a(n):
Cooperative
Corporation
Partnership
Proprietorship
Corporation
All physical items that are not real property are classified as:
General Property
Perpetual Property
Personal Property
Short-Term Property
Personal Property
What is law whose purpose is to compensate the aggrieved, not punish the wrongdoer?
Business Law
Criminal Law
State Law
Tort Law
Tort Law
What is personal property that can be seen and touched?
Intangible Personal Property
Limited Personal Property
Real Property
Tangible Personal Property
Tangible Personal Property
A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(n):
Annuity
Entity
Fiduciary
Proprietary
Entity
What is a will written entirely by the testator with his/her own hand?
Holographic Will
Noncupative Will
Regular Will
Testate Will
Holographic Will
Of the following, under normal circumstances, the one(s) having the primary right to control final disposition of a deceased person is:
Brothers and Sisters
Children of Legal Age
Grandparents
Parents
Children of Legal Age
The condition of an estate of a deceased person which is unable to pay debts of the decedent and/or the estate is referred to as being:
Insolvent Estate
Intestacy per Capita
Intestacy per Stirpes
Solvent Estate
Insolvent Estate
What is the most important statute in the field of business law?
Common Law
The Business Code of Ethics
The Federal Tort Claims Act
The Uniform Commercial Code
The Uniform Commercial Code
When a dead human body is in the mortuary, the funeral home is said to have:
Actual Custody
Constructive Custody
Contract of Custody
Present Custody
Actual Custody
The doctrine of stare decisis is concerned with:
Case Law
Criminals
Sits
Torts
Case Law
What is the court having sole jurisdiction over an estate?
County Court of Law
Justice of the Peace
Magistrates Court
Probate Court
Probate Court
What is the law concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities?
Business Law
Criminal Law
Martial Law
Tort Law
Business Law
A contract made with which of these people would be considered void?
Adult
Intoxicated Person
Judicially Declared Insane Person
Minor
Judicially Declared Insane Person
A newspaper advertisement can be an offer if it shows:
Intent
Markup
Mutual Agreement
The Price
Intent
Which of the following is a term for blood kin?
Consanguinity
Consideration
Relations
Up-Line
Consanguinity
Which of the following is a mistake that does NOT render a contractual agreement defective?
Existence of the Subject Matter
Identity of the Party or Parties
Identity of the Subject Matter
Terms of the Contract
Terms of the Contract
The Statute of Frauds states that for contracts classified under this statute to be enforceable they must be:
Express Contracts
Oral Contracts
Under Seal
Written Contracts
Written Contracts
Oral contracts are:
Spoken
Unenforceable
Void
Voidable
Spoken
A contract which is based upon acts being done in consideration for a promise is called:
A Bilateral Contract
A Formal Contract
A Unilateral Contract
An Express Contract
A Unilateral Contract
A contract must always be:
A Probated Contract
An Agreement
An Executed Contract
An Implied Contract
An Agreement
A contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as:
A Bilateral Contract
A Unilateral Contract
An Express Contract
An Implied Contract
An Implied Contract
Reasonable care, under the circumstances, is a required standard in ordinary bailments by the :
Agent
Assessor
Bailee
Bailor
Bailee
In bailment, the person who retains title but gives up possession of the goods is the:
Bailee
Bailor
Consignee
Contractor
Bailor
When a buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as:
Existing Goods
Fungible Goods
Future Goods
Identified Goods
Identified Goods
What is a document of title which sets forth the contract between the shipper and carrier?
Bill of Consignment
Bill of Contents
Bill of Lading
Bill of Shipment
Bill of Lading
What does “Caveat Emptor” mean?
Beware of the seller
Let the buyer beware
Let the seller beware
Merchant beware
Let the buyer beware
What are “factors del credere”?
Attorney’s in Fact
Brokers
Commission Merchants
General Agents
Commission Merchants
The party who appoints an agent is the:
Agency
Bachelor
Factor
Principal
Principal
Who is the individual that brings together contracting parties?
A Bailor
A Broker
A Factor
A Principal
A Broker
An agent that has been appointed by a sealed written authorization which states that the agent is to act in the principal’s behalf is:
A Broker
A Factor
A Factor del Credere
An Attorney in Fact
An Attorney in Fact
What is the most common method of creating an agency?
Appointment
Estoppel
Necessity
Ratification
Appointment
An agency is terminated by operation of the law if which of the following conditions occur?
- By mutual agreement of the principal and the agent.
- Death or incapacity of either principal or agent.
- If the original contract specifies a date for termination.
- The principal may revoke the agent’s authority.
1
2
3
4
2
The person who receives the proceeds from an insurance policy is called the:
Beneficiary
Indorser
Policy Holder
Underwriter
Beneficiary
What is a reducing term insurance policy plus savings account called?
A Mutual Policy
A Stock Policy
A Terminated Policy
An Endowment Policy
An Endowment Policy
Who is the person protected against a loss?
Beneficiary
Fiduciary
Policy Holder
Underwriter
Policy Holder
What is a life insurance policy in which premium payments continue to death or until age 100, whichever occurs first?
A Death Benefit Policy
A Renewable Term Policy
A Whole-Life Policy
A Term Policy
A Whole-Life Policy
What is a written insurance contract?
A Policy
A Statement
A Waiver
An Oral Contract
A Policy
What is a gift of personal property received through a will?
Bequest
Codicil
Devise
Legatee
Bequest
What is the power of government to take private property against the objection of the owner for a public purpose?
Annexation
Eminent Domain
Encumbrance
Eviction
Eminent Domain
What is a nuncupative will?
A Collateral Will
A Handwritten Will
A Typed Will
An Oral Will
An Oral Will
The consideration of an insurance policy is:
A premium
A stock
An endowment
An indemnity
A premium
What does quasi-property mean?
Almost property
Illicit property
Never property
Property
Almost property
A funeral home’s family car is considered a:
Common Carrier
Freight Carrier
Private Carrier
Public Carrier
Private Carrier
A trade embalmer acts as:
An employee
An employer
An hourly worker
An independent contractor
An independent contractor
The major source of mortuary law is:
Cannon Law
Civil Law
Church Law
Common Law
Common Law
A dead human body is said to be:
Actual Property
Personal Property
Quasi-Property
Real Property
Quasi-Property
The method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as so many individuals is distribution:
Abatement
Ademption
per Capita
per Stirpes
per Stirpes
A dead human body:
- Is not property in a real sense.
- Is subject to replevin.
- May be held as security.
- May be sold.
1
2
3
4
1
The person who is the beneficiary of personal property by a will is the:
Drawee
Devisee
Indorsee
Legatee
Legatee
Which of the following is not considered to be consanguineous?
A brother
A father
A mother
The wife
The wife
Accord and satisfaction is an agreement made and executed in satisfaction of the rights one has:
- As a party to a contract
- From a previous contract.
- Resulting from an existing executory contract.
- Under Kennedy’s Consumer Bill of Rights.
1
2
3
4
2
For the average citizen, the most important courts of the state court system are the:
Appellate Courts
Courts of Original General Jurisdiction
Inferior Courts
State Supreme Courts
Courts of Original General Jurisdiction
For certain contracts to be enforceable they must be in writing according to the Staute of Frauds. They include
- Executed bilateral contracts
- Contracts not to marry
- Contracts for sales of $500.00 or more
- Contracts that can’t be completed in one year
1 and 2
1 and 3
2 and 4
3 and 4
3 and 4
Damages in excess of those required to compensate the plaintiff for the wrong done are:
Compensatory
Liquidated
Nominal
Punitive
Punitive
A sale is different from a contract to sell in that in a sale:
- The merchandise is transferred at a future date.
- The title and the item are transferred upon completion of the transaction.
- The title is transferred at a future date.
- Ther is no difference between the two.
1
2
3
4
2
What is the power and authority which each court has to hear a case?
Eminent Domain
Forbearance
Judicial Precedence
Jurisdiction
Jurisdiction
What is the action to recover possession of property unlawfully detained?
Collection
Litigation
Replevin
Repossession
Replevin
A partner who takes no active part in the management of the business, but who possibly may be known as a partner is a:
Dormant Partner
General Partner
Secret Partner
Silent Partner
Silent Partner
The recorder in state and federal courts is the:
Bailiff
Clerk
Magistrate
Marshal
Clerk
What is any rate of interest above the maximum rate allowable by law?
Duress
Fiduciary
Undue influence
Usury
Usury
The party who makes an offer is called the:
Offered
Offeree
Offeror
Optional
Offeror
The party who is sued in a civil suit is known as the
Administrator
Defendant
Offeror
Plaintiff
Defendant
What is the term used when all the terms of a contract have been fully performed by the contracting parties?
Bilateral
Executed
Executory
Void
Executed
What are false statements made in writing for the purpose of injuring the reputation of another person?
Breach of Ordinance
Implicit Trespass
Libel
Slander
Libel
What is personal property permanently attached to land?
Fixture
Novation
Premium
Quitclaim
Fixture
Which of the following terms describes a sale in which the buyer, so long as the buyer is not in default, has a right to possession before payment in full is made?
Bill of Exchange
Bill of Lading
Billing Contract
Conditional Sale
Conditional Sale
What is a contract to keep an offer open for a specified period of time supported by consideration?
Bailment
Option
Tentative Offer
Unilateral Offer
Option
The person appointed by a court to oversee an estate is the:
Administrator
Attorney
Executor
Heir
Administrator
In law, a relationship of trust is expressed by the term:
Bailment
Fiduciary
Inter-Vivos
Marital
Fiduciary
If an intoxicated person makes a contract, the contract is:
Correct
Formal
Valid
Voidable
Voidable
What is the branch of law which governs the rules of conduct and actions of a mortician during his/her legal relations with the public?
Administrative Law
Criminal Law
Mortuary Law
Tort Law
Mortuary Law
What is a private or civil wrong whose cause is intentional or caused by negligence for which there may be action or damages?
Accident
Felony
Misdemeanor
Tort
Tort
What is the notice of complaint given to a defendant defining the complaint and a time frame in which an answer must be received?
Complaint
Executive Order
Petition
Summons
Summons
What is an intentional statement of false facts upon which an injured party relied in a decision to enter into a contrract, to their detriment?
Fraud
Negligence
Opinion
Tort
Fraud
What is the method of removing one’s free will in making decisions by threats to do physical harm to the person, his family, or property?
Bailment
Duress
Misrepresentation
Undue Influence
Duress
Unauthorized embalming may be viewed by the courts as which type of violation?
Abatement
Mutilation
Nuisance
Stare Decision
Mutilation
Of the following, who has the primary right to control final disposition of a body?
Adult son
Cousin
Creditor
The State
Adult son
If there is no will, the property and holdings of deceased person will be distributed according to law and an administrator/personal representative will be appointed by the:
Closest of kin
Court
Executor
Sheriff
Court
In legal terminology, a dead human body is considered:
Chattel
Partial Property
Quasi-Property
Real Property
Quasi-Property
The next of kin who delivers the personal effects of the deceased to the funeral director is properly termed a:
Bailor
Legatee
Personal Representative
Testatrix
Bailor
State regulation of funeral services for the health and welfare of citizens is an example of a state’s:
Eminent Domain
Jurisdiction
Legislative Right
Police Power
Police Power
A dead human body is:
May be held as security
May be insured
Is not property in a real sense
Is subject to replevin
Is not property in a real sense
The funeral director who has physical possession of a dead human body is said to have:
Actual custody
Constructive custody
Contract custody
Promise of custody
Actual custody
In a cortege, drivers who are under the control of the funeral director are legally referred to as:
Agent Drivers
Contract Drivers
Lawful Drivers
Livery Drivers
Agent Drivers
The Federal Trade Commission does NOT require a/an:
Casket Price List
Disclaimer
General Price List
Outer Burial Container Price List
Disclaimer
The Federal Trade Commission does NOT require a/an:
Casket Price List
Disclaimer
General Price List
Outer Burial Container Price List
Disclaimer
The FTC Rule requires that the General Price List contain all of the following EXCEPT the:
Casket Price Range
Charge for Forwarding Remains
Charge for the Hearse
Reason for Embalming
Reason for Embalming
The FTC Rule requires that the General Price List contain all of the following EXCEPT the:
Casket Price Range
Charge for Forwarding Remains
Charge for the Hearse
Reason for Embalming
Reason for Embalming
You serve a family and provide both services and merchandise. The state requires the funeral home to pay 4% sales tax on merchandise. Your prices are as follows:
Services $2,000.00
Casket $2,250.00
Vault $1,600.00
Total $5,850
How much sales tax does the funeral director pay the state?
$67.50
$110.88
$154.00
$175.50
$154.00
