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Mortuary Law- Mors 200 Study Guide > Mortuary Law Compend- Matching > Flashcards

Mortuary Law Compend- Matching Flashcards

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1
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

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2
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

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3
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

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4
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

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5
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

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6
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

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7
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

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8
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

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9
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

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10
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

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11
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

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12
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

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13
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

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14
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

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15
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

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16
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

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17
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

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18
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

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19
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

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20
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

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21
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

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22
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

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23
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

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24
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

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25
Q

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

A

made under a seal

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26
Q

Tort

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

A

involves injury to another

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27
Q

Duress

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

A

threat of harm

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28
Q

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

A

Unwritten Law

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29
Q

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

A

Chancery court

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30
Q

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

A

Where the original trial is conducted.

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31
Q

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

A

the person filing the suit

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32
Q

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

A

The person against whom the suit is filed

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33
Q

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

A

The person who makes the offer

34
Q

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

A

The person whom the offer is made

35
Q

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

A

Cause for terminating the contract

36
Q

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

A

One’s promise to refrain from doing something

37
Q

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

A

Whatever the promisor demands and receives as the price for his promise

38
Q

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

A

Restatement of one’s willingness to be bound to a contract made during minority

39
Q

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

A

substitution of a new party for the original party who is to perform

40
Q

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

A

Election to avoid a contract

41
Q

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

A

custom which has come to be recognized by the courts

42
Q

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

A

the violation of an agreement or obligation

43
Q

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

A

the most important statute in the field of business law

44
Q

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

A

concerns primarily those rules of conduct prescribed by government for performance of business transaction

45
Q

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

A

agreement between two or more parties that is enforceable at law

46
Q

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

A

The one who makes an assignment

47
Q

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

A

Maximum rate of interest that can be charged

48
Q

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

A

“spoken words”

49
Q

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

A

Rate charged when parties are silent as to the interest rate

50
Q

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

A

The one to whom the right of assignment is transferred

51
Q

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

A

Enforceable by the courts

52
Q

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

A

The one who institutes the action

53
Q

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

A

may be set aside by at least one of the parties

54
Q

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

A

the one against whom the action is brought

55
Q

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

A

of no legal effect

56
Q

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.

A

the party appointed by the principal to act in his name in contracting with a third party.

57
Q

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.

A

the written contract of agency

58
Q

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.

A

one who is authorized by his principal to transact a specific act or a specific series of acts

59
Q

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.

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.

60
Q

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.

A

party who appoints another to act in his name in forming contracts with third parties.

61
Q

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

A

the party to whom commercial paper is made payable

62
Q

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

A

If the payee of commercial paper is indicated as “Myself”, “Cash”, “Payroll”, or some similar name, the term is equivalent

63
Q

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

A

the person or business concern who is ordered to pay a bill of exchange

64
Q

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

A

the person who executes a draft, such as a bill of exchange, trade acceptance, or check

65
Q

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

A

when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment

66
Q

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

a bill of exchange

67
Q

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

A

the person who executes a promissory note

68
Q

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

A

the person in possession of commercial paper

69
Q

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

A

when the payee of commercial paper writes his name on the back of it before delivering it to another party

70
Q

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

a person who becomes the holder of commercial paper by indorsement and delivery

71
Q

Beating him

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

A

Battery

72
Q

Threatening to beat him

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

A

Assault

73
Q

Defaming him orally

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

A

Slander

74
Q

Defaming him in writing

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

A

Libel

75
Q

Restricting his freedom

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

A

False Imprisonment

76
Q

Receives proceeds from a policy

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

A

Beneficiary

77
Q

The insurer

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

A

underwriter

78
Q

Consideration insured pays for protection

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

A

premium

79
Q

Amount insurer agrees to pay

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

A

Face Amount

80
Q

Person protected against the loss

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

A

policyholder

Mortuary Law- Mors 200 Study Guide (30 decks)

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