Mortuary Law Compend- Matching Flashcards
Stare Decisis
a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature
Stand by the Decision
Ordinance
a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature
Municipal Law
Common Law
a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature
Unwritten Law
Admiralty Law
a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature
Law of the Sea
Statute
a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature
Law enacted by legislature
Canon Law
a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service
Church made law
Police Power
a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service
Right of a state to regulate matters pertaining to the dead
Fiduciary Agreement
a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service
Based on trust
Administrative Law
a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service
State boards of funeral service
Skeleton
a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service
Does not constitute a dead human body
Consanguinity
a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body
Blood-relation
Replevin
a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body
Action to recover possession of property unlawfully detained
Quasi-property rights
a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body
Legal status of a dead human body
Jurisprudence
a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body
Law
Spouse
a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body
Surviving husband or wife
Testator
a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will
Person making a will
Devisee
a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will
person receiving a gift of real estate in a will
Executor
a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will
Person named in a will to carry out terms of will
Administrator
a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will
Person appointed by court to settle the estate of an intestate
Legatee
a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will
person receiving personal property in a will
Void Contract
a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises
not enforceable by law
Valid Contract
a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises
Enforceable by law
Unilateral Contract
a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises
one sided contract
Bilateral Contract
a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises
Mutual exchanges of promises
Formal Contract
a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises
made under a seal
Tort
a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted
involves injury to another
Duress
a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted
threat of harm
Common Law
a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted
Unwritten Law
Equity Law
a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted
Chancery court
Trial Court
a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted
Where the original trial is conducted.
Plaintiff
a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract
the person filing the suit
Defendant
a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract
The person against whom the suit is filed
Offeror
a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract
The person who makes the offer
Offeree
a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract
The person whom the offer is made
Death or Insanity
a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract
Cause for terminating the contract
Forbearance
a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one’s promise to refrain from doing something
d. restatement of one’s willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise
One’s promise to refrain from doing something
Consideration
a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one’s promise to refrain from doing something
d. restatement of one’s willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise
Whatever the promisor demands and receives as the price for his promise
Ratification
a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one’s promise to refrain from doing something
d. restatement of one’s willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise
Restatement of one’s willingness to be bound to a contract made during minority
Novation
a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one’s promise to refrain from doing something
d. restatement of one’s willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise
substitution of a new party for the original party who is to perform
Disaffirmance
a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one’s promise to refrain from doing something
d. restatement of one’s willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise
Election to avoid a contract
Common Law
a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e. concerns primarily those rules of conduct prescribed by government for performance of business transaction
custom which has come to be recognized by the courts
Breach of Contract
a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e. concerns primarily those rules of conduct prescribed by government for performance of business transaction
the violation of an agreement or obligation
Uniform Commercial Code
a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e. concerns primarily those rules of conduct prescribed by government for performance of business transaction
the most important statute in the field of business law
Business Law
a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e. concerns primarily those rules of conduct prescribed by government for performance of business transaction
concerns primarily those rules of conduct prescribed by government for performance of business transaction
Contract
a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e. concerns primarily those rules of conduct prescribed by government for performance of business transaction
agreement between two or more parties that is enforceable at law
Assignor
a. the one to whom the right of assignment is transferred
b, “spoken words”
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate
The one who makes an assignment
Contract Rate
a. the one to whom the right of assignment is transferred
b, “spoken words”
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate
Maximum rate of interest that can be charged
Parol Evidence
a. the one to whom the right of assignment is transferred
b, “spoken words”
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate
“spoken words”
Legal Rate
a. the one to whom the right of assignment is transferred
b, “spoken words”
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate
Rate charged when parties are silent as to the interest rate
Assignee
a. the one to whom the right of assignment is transferred
b, “spoken words”
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate
The one to whom the right of assignment is transferred
Valid
a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties
Enforceable by the courts
Plaintiff
a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties
The one who institutes the action
Voidable
a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties
may be set aside by at least one of the parties
Defendant
a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties
the one against whom the action is brought
Void
a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties
of no legal effect
Agent
a. one who is authorized to carry on all of his principal’s business at a particular place or all of his principal’s business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.
the party appointed by the principal to act in his name in contracting with a third party.
Power of Attorney
a. one who is authorized to carry on all of his principal’s business at a particular place or all of his principal’s business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.
the written contract of agency
Special Agent
a. one who is authorized to carry on all of his principal’s business at a particular place or all of his principal’s business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.
one who is authorized by his principal to transact a specific act or a specific series of acts
General Agent
a. one who is authorized to carry on all of his principal’s business at a particular place or all of his principal’s business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.
one who is authorized to carry on all of his principal’s business at a particular place or all of his principal’s business of a particular kind.
Principal
a. one who is authorized to carry on all of his principal’s business at a particular place or all of his principal’s business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.
party who appoints another to act in his name in forming contracts with third parties.
Payee
a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent
the party to whom commercial paper is made payable
Bearer
a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent
If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent
Drawee
a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent
the person or business concern who is ordered to pay a bill of exchange
Drawer
a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent
the person who executes a draft, such as a bill of exchange, trade acceptance, or check
Acceptor
a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent
when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
Draft
a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange
a bill of exchange
Maker
a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange
the person who executes a promissory note
Holder
a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange
the person in possession of commercial paper
Indorser
a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange
when the payee of commercial paper writes his name on the back of it before delivering it to another party
Indorsee
a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange
a person who becomes the holder of commercial paper by indorsement and delivery
Beating him
a. libel
b. assault
c. slander
d. battery
e. false imprisonment
Battery
Threatening to beat him
a. libel
b. assault
c. slander
d. battery
e. false imprisonment
Assault
Defaming him orally
a. libel
b. assault
c. slander
d. battery
e. false imprisonment
Slander
Defaming him in writing
a. libel
b. assault
c. slander
d. battery
e. false imprisonment
Libel
Restricting his freedom
a. libel
b. assault
c. slander
d. battery
e. false imprisonment
False Imprisonment
Receives proceeds from a policy
a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium
Beneficiary
The insurer
a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium
underwriter
Consideration insured pays for protection
a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium
premium
Amount insurer agrees to pay
a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium
Face Amount
Person protected against the loss
a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium
policyholder
