Law Flashcards by Joshua Margolis

When a funeral director has a dead human body in his/her care, he/she is properly termed a:

Bailee
Bailor
Consignor
Custodian

Custodian

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An addition or modification of a will is known as a:

Codicil

Deed

Gift

Letters Testamentary

Codicil

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A person appointed by the court to oversee the estate of an intestate is called:

Administrator

Executor

Heir

Legatee

Administrator

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When a person dies without a will, he is said to die:

Administrator

Executor

Intestate

Testate

Intestate

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What is a written disposition of property, real or personal, to take effect at the death of an individual?

Deed

Lease

Promissory Note

Will

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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

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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 and 2

1, 2, and 3

1, 2, 3 and 4

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What is a breach of duty of care one individual has toward others?

Civil Law

Criminal offense

Negligence

Promissory Estoppel

Negligence

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What is the election to void a contact called?

Disaffirmance

Forbearance

Ratification

Usury

Disaffirmance

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The maximum amount of interest that may be charged is called the:

Capital Rate

Contract Rate

Legal Rate

Prime Rate

Contract Rate

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Whatever the promisor demands and receives as the price for his promise is called:

Consideration

Disaffirmance

Forbearance

Ratification

Consideration

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What are customs which have come to be recognized by the courts as law?

Case Law

Common Law

Constitutional Law

Criminal Law

Common Law

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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

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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

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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

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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

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All physical items that are not real property are classified as:

General Property

Perpetual Property

Personal Property

Short-Term Property

Personal Property

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What is law whose purpose is to compensate the aggrieved, not punish the wrongdoer?

Business Law

Criminal Law

State Law

Tort Law

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What is personal property that can be seen and touched?

Intangible Personal Property

Limited Personal Property

Real Property

Tangible Personal Property

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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

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What is a will written entirely by the testator with his/her own hand?

Holographic Will

Noncupative Will

Regular Will

Testate Will

Holographic Will

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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

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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

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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

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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? 1. By mutual agreement of the principal and the agent. 2. Death or incapacity of either principal or agent. 3. If the original contract specifies a date for termination. 4. The principal may revoke the agent's authority. 1 2 3 4

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: 1. Is not property in a real sense. 2. Is subject to replevin. 3. May be held as security. 4. May be sold. 1 2 3 4

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: 1. As a party to a contract 2. From a previous contract. 3. Resulting from an existing executory contract. 4. Under Kennedy's Consumer Bill of Rights. 1 2 3 4

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 1. Executed bilateral contracts 2. Contracts not to marry 3. Contracts for sales of $500.00 or more 4. 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: 1. The merchandise is transferred at a future date. 2. The title and the item are transferred upon completion of the transaction. 3. The title is transferred at a future date. 4. Ther is no difference between the two. 1 2 3 4

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