Mortuary Law Compend- Matching Flashcards by Heather Clark

Q

Stare Decisis

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

A

Stand by the Decision

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

Ordinance

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

A

Municipal Law

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

Common Law

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

A

Unwritten Law

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

Admiralty Law

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

A

Law of the Sea

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

Statute

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

A

Law enacted by legislature

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Church made law

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Right of a state to regulate matters pertaining to the dead

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Based on trust

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

State boards of funeral service

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Does not constitute a dead human body

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Blood-relation

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Action to recover possession of property unlawfully detained

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Legal status of a dead human body

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Law

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Surviving husband or wife

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Person making a will

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

person receiving a gift of real estate in a will

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Person named in a will to carry out terms of will

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Person appointed by court to settle the estate of an intestate

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

person receiving personal property in a will

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

not enforceable by law

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Enforceable by law

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

one sided contract

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

Q

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

A

Mutual exchanges of promises

How well did you know this?

1

Not at all

2

3

4

5

Perfectly

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