Mortuary Law Compend- Multiple Choice Flashcards
When a funeral director has a dead human body in his care, he is properly termed a:
- Bailee
- Bailor
- Custodian
- Consignor
Custodian
When a funeral director has the personal effects of a dead human body in his possession, he is proberly termed a:
- Bailee
- Bailor
- Custodian
- Consignee
Bailee
A person appointed by the court to oversee the estate of an intestate is called:
- Heir
- Executor
- Legatee
- Administrator
Administrator
A personal represetative of the decedent appointed in the will to carry out the provisions of the will is called:
- Devisee
- Administrator
- Executor
- Surrogate
Executor
The right to sue the federal government is derived from:
- The Clayton act
- The Robinson-Patman act
- The Federal Claims act
- The Federal Trade Commission act
The Federal Claims Act
A written disposition of property, real or personal, to take effect at the death of an individual.
- Will
- Lease
- Deed
- Promissory Note
Will
When a person dies without a will, he is said to die:
- Testate
- Intestate
- Executor
- Administrator
Intestate
A person who dies leaving a valid will is called a:
- Testator
- Intestate
- Administrator
- Donor
Testator
An addition or modification of a will is known as a:
- Gift
- Letters testamentary
- Deed
- Codicil
Codicil
The filing and proving of the will following death.
- Lawsuit
- Accounting
- Probate
- Specific Performance
Probate
A contract that is of no legal effect.
- Voidable
- Formal
- Valid
- Void
Void
A contract that may be set aside by at least one of the parties.
- Voidable
- Formal
- Valid
- Void
Voidable
A contract which is enforceable by the courts.
- Voidable
- Formal
- Valid
- Void
Valid
You receive an offer in the mail containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is:
- Received by the offeror
- Placed in the mail by the offeree
- Received by the offeree
- Never complete, must be an oral acceptance
Placed in the Mail by the Offeree
One who induces another to enter into a contract as a result of an intentionally or recklessly false statement of material fact is guilty of:
- Fraud
- Duress
- Unjust enrichment
- Undue influence
Fraud
A private or civil wrong, either intentional or caused by negligence, for which there may be action for damages is:
- Fraud
- Tort
- Unjust enrichment
- Undue influence
Tort
A term involving a relation of trust or confidence is:
- Fiduciary
- Fraud
- Bailment
- Usury
Fiduciary
A breach of the duty or care one individual has towards others.
- Criminal
- Negligence
- Civil law
- Promissory estoppel
Negligence
The maximum amount of interest that may be charged.
- Capital rate
- Legal rate
- Prime rate
- Contract rate
Contract Rate
Any rate of interest above the maixmum rate allowable by law.
- Fiduciary
- Usurious
- Undulant
- Duress
Usurious
A contract in which the terms have not been fully performed by all the parties.
- Executory
- Executed
- Void
- Voidable
Executory
A contract in which undue influence was proven.
- Valid
- Void
- Voidable
- Express
Voidable
The laws of city councils.
- Statutes
- Ordinances
- Torts
- Constitutions
Ordinances
The power or authority which each court has to hear cases.
- Forbearance
- Disaffirmance
- Jurisdiction
- Judicial power
Jurisdiction
In order to be enforceable, a valid contract must meet which of the following requirements? (more than one answer)
- Mutual agreement
- Competent parties
- Supported by consideration
- Lawful purpose
1, 2, 3 and 4
A contract under seal.
- Simple
- Executed
- Executory
- Formal
Formal
Mutual mistakes as to the existence of the subject matter renders a contract:
- Valid
- Void
- Voidable
- Unenforceable
Void
The election to void a contract is called:
- Ratification
- Usury
- Disaffirmance
- Forbearance
Disaffirmance
A restatement of one’s willingness to be bound by his promises made during minority.
- Ratification
- Usury
- Disaffirmance
- Forbearance
Ratification
A contract made by a legally declared insane person (Burke) is:
- Valid
- Void
- Voidable
- Unenforceable
Void
A contract made by a person who is intoxicated, but aware of the consequences of his/her actions is:
- Valid
- Void
- Voidable
- Unenforceable
Valid
Whatever the promisor demands and receives as the price for his promise is called:
- Consideration
- Forbearance
- Disaffirmance
- Ratification
Consideration
When one promises to refrain from doing something, his conduct is known as:
- Consideration
- Forbearance
- Disaffirmance
- Ratification
Forbearance
The statute listing certain classes of contracts which must be in writing to be enforceable is called the:
- Statute of Written Contracts
- Statute of Limitations
- Statute of Frauds
- Statute of Contracts
Statute of Frauds
The means whereby one party conveys his rights in a contract to another who is not a party to the original contract is called:
- Assignment
- Bill of sale
- A contract of agency
- Novation
Assignment
The substitution of a new party for the original party who is to perform is called:
- Assignment
- Replacement
- A contract of agency
- Novation
Novation
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 Time
- Statute of Limitations
- Statute of Frauds
- Statute of Contracts
Statute of Limitations
Customs which have come to be recognized by the courts as law describes:
- Constitutional law
- Case law
- Common law
- Criminal law
Common Law
A contract made by an insane person who has not be declared so judicially is:
- Valid
- Void
- Voidable
- Unenforceable
Voidable
The damages awared to an injured in a contract in which the injured party is entitled to compensation for the exact amount of the loss.
- Nominal damages
- Compensatory damages
- Punitive damages
- Liquidated damages
Compensatory Damages
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.
- Negotiable instrument
- Bailments
- Fungibles
- Contracts
Negotiable Instrument
An unconditional written promise made by one person to another, signed by the maker, engaging to pay on demand or a fixed future time, a sum certain in money to order or to bearer.
- Draft
- Check
- Promissory note
- Certificate of deposit
Promissory Note
A draft drawn on a bank and payable on demand.
- Promissory note
- Debenture
- Certificate of deposit
- Check
Check
The contract between a principal and an agent creates a relationship called:
- Debenture
- Agency
- Novation
- Ultra vires
Agency
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.
- Cooperative
- Corporation
- Proprietorship
- Partnership
Corporation
A corporation has a distinct existence separate and apart from the existence of its individual members.
- Fiduciary
- Annuity
- Proprietary
- Entity
Entity
The owners of a corporation are known as:
- Directors
- Stockholders
- Makers
- Promoters
Stockholders
The right to declare dividends depends upon the discretion of the:
- Promoter
- Stockholders
- Board of directors
- Shareholders
Board of Directors
The profits of a corporation belong to the corporation until set aside by the directors for distribution as:
- Drafts
- Patents
- Dividends
- Deeds
Dividends
All physical items that are not real property are classified as _______.
- Personal property
- Perpetual property
- Short-term property
- General property
Personal Property
Anything that may be owned, possessed, used, or disposed of for a price.
- Slander
- Property
- Estoppel
- Usury
Property
Land, timber, minerals, buildings, and other man-made property permanently attached to land.
- Real property
- Personal property
- Tangible personal property
- Intangible personal property
Real Property
Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks.
- Real property
- Mixed property
- Intangible personal property
- Tangible personal property
Intangible Personal Property
Personal property which can be seen and touched.
- Tangible personal property
- Intangible personal property
- Limited personal property
- Real property
Tangible Personal Property
The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer.
- Business law
- Tort law
- Criminal law
- State law
Tort Law
When the duty of care that a motorist owes other motorists and pedestrians is breached and results in injury or damage to another, the motorist has committed a:
- Tort
- Felony
- Criminal act
- Misdemeanor
Tort
The extinction or withdrawal of a legacy by an act equivalent to revocation.
- Ademption
- Probate
- Abatement
- Intestacy
A will written entirely by the testator with his own hand.
- Regular will
- Holographic will
- Testate will
- Noncupative will
Holographic Will
A proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full.
- Ademption
- Codicil
- Probate
- Abatement
Abatement
The condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being:
- Solvent estate
- Intestacy per stirpes
- Intestacy per capita
- Involvent estate
Insolvent Estate
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
- Grandparents
- Children of legal age
- Parents
Children of Legal Age
When a dead human body is in the mortuary, the funeral home is said to have:
- Actual custody
- Constructive custody
- Present custody
- Contract of custody
Actual Custody
Perjury is:
- Silence
- False testimony
- Duress
- Undue influence
False Testimony
A document which defines the relationship of the government itself and of its citizens is:
- The uniform commercial code
- Civil law
- Common law
- A constitution
A Constitution
In the field of business law, the most important statute is:
- The Uniform Commercial Code
- The business code of ethics
- the Federal Tort Claims Act
- common law
The Uniform Commercial Code
A permanent order, issued by a court, forbidding activities which would be detrimental to others is
- a restraining order
- an injunction
- a statute
- a writ of habeus corpus
an injunction
to read the charge of an indictment is
- to annul
- to assault
- to set bond
- to arraign
to arraign
defamation of character by spoken words or gestures is
- attest
- slander
- breach
- libel
slander
Laws enacted by legislative bodies are:
- Statutes
- Injunctions
- Ordinances
- Constitutions
Statutes
in the state court, the chief officer is
- the marshall
- the bailiff
- the clerk of the court
- the judge
the judge
a temporary order forbidding a certain action is
- statute
- restraining order
- injunction
- writ of habeus corpus
a restraining order
the court having sole jurisdiction over estates is
- the magistrates court
- the justice of peace
- the county court at law
- the probate court
the probate court
common law is based on
- customs
- legacies
- written law
- trust
customs
parol evidence is
- legalit
- battery
- spoken words
- chattel
spoken words
a formal written command issued by a court of law
- a writ
- a warranty deed
- a note payable
- a will
a writ
a failure to volunteer or reveal information not requested is termed
- default
- compromis
- complaint
- concealment
concealment
which of the following is not a type of inferior state court?
- justice of the peace court
- juvenile court
- magistrate court
- small claims court
juvenile court
laws passed by local governments are
- ordinances
- statutes
- torts
- unenforceable
ordinances
the doctrine of stare decisis is concerned with
- sits
- torts
- criminals
- case law
case law
a court of original general jurisdiction is
- an original court
- a supreme court
- an appellate court
- a trial court
a trial court
the law of the land in the united states is the
- US constitution
- president
- executive decree
- executory
US constitution
what is right and just refers to
- judicial admission
- equity
- deprivation
- superior
equity
the party who institutes a court action is the
- administrator
- bailor
- plaintiff
- defendant
plaintiff
the highest court of the land in the United States is the
- state supreme court
- appeals court
- superior court
- us supreme court
us supreme court
the highest court of a state is the
- court of appeals
- state supreme court
- superior court
- court of original general jurisdiction
state supreme court
a process may be referred to as
- a warrant
- a summons
- a verdict
- an appeal
a summons
The decision of a jury is:
- Warrant
- Summons
- Judgement
- Verdict
Verdict
a federal court of appeals is
- a trial court
- an appellate court
- a probate court
- a superior court
an appellate court
common law developed in
- england
- egypt
- bulgaria
- mexico
england
rules of civil conduct commanding what is right and prohibiting what is wrong defines
- civil law
- business law
- tort law
- law
law
law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is
- business law
- criminal law
- tort law
- martial law
business law
orders and decrees from governmental agencies which have the force of law is considered
- statutory law
- criminal law
- civil law
- administrative law
administrative law
a contract made by a person who is so intoxicated as to be unaware of the consequences is
- void
- valid
- executory
- voidable
voidable
a newspaper advertisement can be an offer if it shows
- mutual agreement
- the price
- intent
- markup
intent
an expressed willingness from a person to enter into contractual agreement is
- an invitation to bid
- a quasi contract
- a written agreement
- an offer
an offer
which of the following is a mistake that does NOT render an agreement defective?
- identity of the subject matter
- identity of the party or parties
- terms of the contract
- existence of the subject matter
terms of the contract
to cancel or annul or avoid a contract is to
- validate
- execute an option
- rescind
- recall
rescind
a person below the adult age is
- legatee
- devisee
- a semi-adult
- a minor
a minor
laws that are designed to protect or prevent any individual from controlling a large share of a market or products are
- consumer protection laws
- anti-trust laws
- production control laws
- nader laws
anti-trust laws
a contract made with which of these people would be considered void?
- intoxicated person
- minor
- adult
- judicially declared insane person
judicially declared insane person
a change of parties with the formation of a new contract is
- assignment
- novation
- delegation
- parole evidence
novation
the violation of the terms of a contract is referred to as
- breach of contract
- common law
- business law
- contract law
breach of contract
a term for blood kin is
- consideration
- relations
- consanguinity
- up-line
consanguinity
the right a minor has to avoid a contract is termed
- ratification
- denial
- abatement
- disaffirmance
disaffirmance
generally, a minor is fully liable for his/her
- contracts
- torts
- scruples
- convicts
torts
which of the following is not a necessary?
- clothes
- food
- movie ticket
- shelter
movie ticket
the statute of frauds states that for contracts classified under this statute to be enforceable they must be
- written contracts
- express contracts
- under seal
- oral contracts
written contracts
a term which means the transfer of one’s duty alone without transfer of rights is
- assignment
- novation
- delegation
- ordination
delegation
usury is a term which refers to
- bailment
- contract of obligations
- estoppeld
- excess interest
excess interest
a breach of contractual obligation other than money is
- terms of performance
- unenforceable
- interest
- default
default
the term which means a fact that could alter one’s decision to enter into a legal binding contract is
- material fact
- an illegal fact
- a usurious fact
- a fraudulent fact
material fact
contracts in which fraud is proven are considered
- valid
- voidable
- enforceable
- void
voidable
price fixing agreements are
- acceptable
- misconstrued
- enforceable
- illegal
illegal
oral contracts are
- unenforceable
- spoken
- void
- voidable
spoken
an offer is rejected by
- an inquiryb
- a question
- an acceptance
- a counteroffer
a counteroffer
the party who makes the offer is the
- offeree
- offered
- offeror
- acceptor
offeror
which one of these is a necessary
- CD player
- television
- concert ticket
- medical bill
medical bill
a contract whose terms have been fully carried out is
- exemplary
- executory
- executive
- executed
executed
a contract must always be
- an implied contract
- an agreement
- an executed contract
- a probated contract
an agreement
a contract which is based upon acts being done in consideration for a promise is called
- a bilateral contract
- a unilateral contract
- a formal contract
- an express contract
a unilateral contract
a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as
- an express contract
- a bilateral contract
- a unilateral contract
- an implied contract
an implied contract
a contract in which the parties make known their intentions by words is
- a formal contract
- a simple contract
- a unilateral contract
- an express contract
an express contract
a contract which is written so that either party may consider it as a joint obligation or a group of individual obligations is
- a joint contract
- a joint and several contract
- a several contract
- an assigned contract
a joint and several contract
caveat emptor means
- the cave is empty
- beware of the seller
- let the buyer beware
- merchant beware
let the buyer beware
when a buyer takes actual possession of goods which have been offered for sale, this action is called
- an acceptance
- a receipt
- a bill of sale
- a contract to sell
an acceptance
goods which are owned by the seller and are physically in existence at the time of the contract are known as
- existing goods
- identified goods
- future goods
- fungible goods
existing goods
when the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as
- existing goods
- future goods
- identified goods
- fungible goods
identified goods
goods of a homogenous nature which are sold by weight or measure are known as
- identified goods
- fungible goods
- existing goods
- future goods
fungible goods
bailment in which the bailee does not recieve any compensation is
- gratuitous bailment
- incidental bailment
- extraordinary bailment
- fiduciary bailment
gratuitous bailment
reasonable care, under circumstances, is a required standard in ordinary bailments by the
- bailor
- assessor
- agent
- bailee
bailee
a carrier owned by a shipper for the purpose of shipping its own goods is
- public carrier
- progressive carrier
- prohibited carrier
- private carrier
private carrier
a document of title which sets forth the contract between the shipper and carrier is the
- bill of lading
- bill of shipment
- bill of consignment
- bill of contents
bill of lading
the deposit of tangible personal property as security for some debt or obligation is
- liability
- pawn
- pledge
- consignment
pawn
in a bailment, the person who retains the title but gives up possession of the goods is the
- bailee
- consignee
- contractor
- bailor
bailor
in an auction, goods which are offered for sale that cannot be withdrawn are classified as
- goods offered with reserve
- consigned goods
- goods offered without reserve
- future goods
goods offered without reserve
a carrier that transports goods and persons for a fee for all who apply for services and without discrimination is called a
- consignment carrier
- private carrier
- common carrier
- contract carrier
common carrier
indorsements of commercial paper include which of the following?
- warranted indorsement
- blank indorsement
- qualified indorsement4. restrictive indorsement
a. 1,2 and 3
b. 1,2 and 4
c. 1,3 and 4
d. 2,3 and 4
2,3 and 4blank indorsementqualified indorsementrestrictive indorsement
the person who signs a promissory note and is obligated to pay at maturity is called the
- payer of the note
- holder of the note
- acceptor of the note
- maker of the note
maker of the note
A sealed written contract usually issued by a corporation, a municipality, or a government which contains a promise to pay a sum certain in money at a fixed or determinable future time.
- Promissory note
- Bond
- Draft
- Collateral note
Bond
A check that a bank draws on its own funds and is signed by a responsible bank official but may be used by anyone to pay a debt.
- Certified check
- Voucher check
- Cashier’s check
- Bank Draft
Cashier’s Check
An indorsement which limits the liability of the endorser.
- Conditional indorsement
- Restrictive indorsement
- Special indorsement
- Qualified indorsement
Qualified Indorsement
Factors del credere are:
- Brokers
- Commission mechants
- General agents
- Attorney’s in fact
Commission Merchants
The most common method of creating an agency is by:
- Appointment
- Estoppel
- Ratification
- Necessity
Appointment
An individual who brings together contracting parties.
- Broker
- Principal
- Factor
- Bailor
Broker
The party appointed by another to act in his/her name in forming contracts with third parties.
- Principal
- Defendant
- Agent
- Maker
Agent
The party who appoints an agent.
- Factor
- Agency
- Prohibition
- Principal
Principal
One who receives possession of another’s property for sale on commission.
- A special agent
- Factor
- Broker
- Attorney in fact
Factor
An agent that has been appointed by a sealed written authorization which states that the agent is to act in the principal’s behalf.
- Factor
- Factor del credere
- Attorney in fact
- Broker
Attorney in Fact
A principal owes which of the following duties to the agent?
- Compensation
- Loyalty ad good faith
- Obedience
- Accounting
Compensation
An agent owes which of the following duties to his principal?
- Compensation
- Loyalty and good faith
- Reimbursement
- Indemnification
Loyalty and Good Faith
An agency is terminated by operation of the law if which of the following conditions occur?
- If the original contract specifies a date for termination
- By mutual agreement of the principal and the agent
- Death and incapacity of either principal or agent
- The principal may revoke the agent’s authority
Death and Incapacity of Either Principal or Agent
Ownership of corporate stocks is represented by:
- Bill of sale
- Corporate charter
- Certificate of title
- Stock certificates
Stock Certificates
An advantage to a corporation is:
- Diverse management
- Limited liability
- Unlimited liability
- Common stock
Limited Liability
A gift of personal property received through a will.
- Bequest
- Devise
- Legatee
- Codicil
Bequest
A nuncupative will is:
- A typed will
- A handwritten will
- An oral will
- A collateral will
An Oral Will
The right that one person has to use the property of another for a special purpose.
- Passageway
- Easement
- Right of passage
- Property exit
Easement
A charge against another’s property as security for a debt or claim.
- Lien
- Easement
- Debt
- Obligation
Lien
The power of government to take private property against the objection of the owner for a public purpose.
- Annexation
- Eviction
- Eminent domain
- Encumbrance
Eminent Domain
A lien or mortgage against real property.
- Easement
- Replevin
- Encumbrance
- Subrogation
Encumbrance
Which of the following is classified as movable personal property?
- A farm of 160 acres in size
- Furniture
- Stock certificate
- Mineral interest ina parcel of land
Furniture
The person who receives the proceeds from an insurance policy.
- Underwriter
- Policy holder
- Beneficiary
- Indorser
Beneficiary
A written insurance contract.
- Oral contract
- Statement
- Waiver
- Policy
Policy
A reducing term insurance policy plus savings account.
- Terminated policy
- Endowment policy
- Mutual policy
- Stock policy
Endowment Policy
A life insurance policy in which premium payments continue to death or until age 100, whichever occurs first.
- Whole-life policy
- Term policy
- Renewable term policy
- Death benefit policy
Whole-Life Policy
Another term for the insurer.
- Corporation
- Legatee
- Underwriter
- Legator
Underwriter
The person protected against a loss.
- Beneficiary
- Fiduciary
- Policy holder
- Underwriter
Policy Holder
The consideration of an insurance policy.
- Endowment
- Premium
- Stock
- Indemnity
Premium
In regards to the no-property theory; the dead body was under control of the:
- Family
- Courts
- Church
- King’s regents
Church
The power to adapt laws for the protection of the public.
- Administrative power
- Police power
- Civil process
- Equity law
Police Power
An action to recover possession of property unlawfully detained.
- Litigation
- Replevin
- Tort
- Repossession
Replevin
The term synonymous to a dead body.
- Skeleton
- Cremains
- Corpse
- Putrefaction
Corpse
The major source of mortuary law.
- Common law
- Civil law
- Cannon law
- Church law
Common Law
A dead human body used for anatomical study.
- Corpse
- Cravat
- Cadaver
- Crevice
Cadaver
The most positive sign of death.
- Decomposition
- Degeneration
- Cremation
- Lack of breath
Decomposition
The legal status of a dead human body known as the property theory.
- Sometimes used in this country
- Never used in this country
- Always used in this country
- Infrequently used in this country
Never used in this country
Quasi-property means:
- Property
- Never property
- Illicit property
- Almost property
Almost Property
The law states that every person has a right to a:
- Decent burial
- Casket
- Vault
- Funeral
Decent Burial
Embalming is a form of:
- Necrophilia
- Necrosis
- Mutilation
- Religious rite
Mutilation
A trade embalmer acts as:
- An employee
- An employer
- An hourly worker
- An independent contractor
An Independent Contractor
Another term for autopsy is:
- Exhumation
- Exhibited
- Necropsy
- Necrobiosis
Necropsy
Exhumation is.a term for:
- Disinterment
- Disposal
- Interment
- Burying
Disinterment
A funeral home’s family car is considered a:
- Public carrier
- Private carrier
- Common carrier
- Freight carrier
Private Carrier
A probate court is concerned with:
- Titles
- Bodies
- Crimes
- Wills
Wills
A dead human body is said to be:
- Real property
- Quasi-property
- Personal property
- Actual property
Quasi-Property
A dead human body:
- Is subject to replevin
- May be sold
- Is not property in the real sense
- May be held as security
Is not property in the real sense
As a rule, the right of decent disposal beleongs to the:
- Next of kin
- State
- Surviving spouse
- Country
Next of Kin
With regard to the dead human body, the courts have adopted a:
- Quasi-property theory
- Personal property theory
- Mixed property theory
- Real property theory
Quasi-Property Theory
A surviving spouse may avoid being written out of a wil by invoking:
- The statute of descent
- The statute of ademption
- The inheritance statute
- The federal estate statute
The Inheritance Statute
The method of dividing an intestate estate where a class or group of distributees takes the share which their deceased should have been entitled to, and not as so many individuals is distribution.
- Per stirpes
- Per capita
- Ademption
- Abatement
Per Stirpes
A person receiving a gift of real estate in a will.
- Legatee
- Devisee
- Executor
- Administator
Devisee
Which of the following is not considered to be consanguineous?
- A brother
- A mother
- The wife
- A father
The Wife
The person who is the beneficiary of personal property by a will.
- Devisee
- Legatee
- Indorsee
- Drawee
Legatee
An oral will stated to a witness.
- Formal will
- Holographic will
- Nuncupative will
- Publication
Nuncupative Will
A contract is a legally enforceable agreement between:
- Two or more legally competent persons
- Two persons of legal age
- Two minors
- A minor and an adult to perform a legal act
Two or more legally competent persons
Another name for a prosecutor.
- Justice of the peace
- Marshal
- Magistrate
- District attorney
District Attorney
The requirement for a valid offer includes which of the following? (more than one answer)
- It must appear to be seriously intended
- It must be in writing
- It must be communicated to the offeree
- It must be a formal contract
1 and 3
(It must appear to be seriously intended, it must be communicated to the offeree)
The two essential elements of a contract are:
- It must conform to the Statute of Frauds
- It must be under seal
- There must be an offer
- There must be acceptance
3 and 4
(There must be an offer, there must be acceptance)
Duress is classified according to the nature of the threat as: (more than one answer)
- Undue influence
- Physical duress
- Emotional duress
- Economic duress
2, 3 and 4
(Physical duress, emotional duress, economic duress)
Parties who aquire rights superior to those of the original owner are known as:
- Accpetor in due course
- Bearer in due course
- Indorsee in due course
- Holder in due course
Holder in Due Course
A foreign corporation is one that is chartered in:
- The state where it received its initial charter
- Another state
- Another country
- More than one state
Another State
For certain contracts to be enforceable they musy be in writing according to the Statute of Frauds. They include: (more than one answer)
- Executed bilateral contracts
- Contracts not to marry
- Contracts for sales of $500 or more
- Contracts that can’t be completed in one year
3 and 4
(Contracts for sales of $500 or more, Contracts that can’t be completed in one year)
A sale is different from a contract to sell in that in a sale:
- The mechandise is transferred at a future date.
- The title is transferred at a future date
- The title and the item are transferred upon completion of the transaction.
- There is no difference between the two
The title and the item are transferred upon completion of the transaction
Accord and satisfaction is the agreement made and executed in satisfaction of the rights one has:
- as a party to a contract
- under Kennedy’s Consumer Bill of Rights
- from a previous contract
- resulting from an existing executory contract
From a previous contract
A crime usually punishable by death or incarceration in a penitentiary for more than one year is a:
- Felony
- Tort
- Misdemeanor
- Civil crime
Felony
Damages in excess of those required to compensate the plaintiff fro the wrong done are:
- Compensatory
- Liquidated
- Nominal
- Punitive
Punitive
Courts that handle divorce and child custody cases.
- Juvenile courts
- Probate courts
- Domestic relations courts
- Criminal courts
Domestic Relations Courts
A punishable offense against society.
- Felony
- Tort
- Crime
- Misdemeanor
Crime
For the average citizen, the most important courts of the state court system are:
- Appellate courts
- Inferior courts
- Courts of original general jurisdiction
- State supreme courts
Courts of Original General Jurisdiction
A contract in which two or more people individually agree to perform the same obligation.
- Several contract
- Joint and several contract
- Joint contract
- Unilateral contract
Several Contract
The power of authority which each court has to hear cases.
- Judicial power
- Ratification
- Forbearance
- Jurisdiction
Jurisdiction
A contract in which two or more persons are bound both jointly and individually.
- Joint and several contract
- Joint contract
- Several contract
- Unilateral contract
Joint and Several Contract
A partner who takes no active part in the management of the business, but who possibly may be known as a partner.
- Silent partner
- Secret partner
- General Partner
- Dormant partner
Silent Partner
Courts concerned with deliquent, dependent, and neglected children.
- Juvenile courts
- Probate courts
- Domestic relations courts
- Criminal courts
Juvenile Courts
A life insurance policy which continues until the death of the insured.
- Whole life
- Term
- Renewable term
- Death policy
Whole Life
Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases.
- Appellate courts
- Trial courts
- Special federal courts
- Probate courts
Special Federal Courts
A partnership engaged in the buying and selling of merchandise.
- Trading partnership
- Unlimited partnership
- Limited partnership
- Non-trading partnership
Trading Partnership
Failure to exercise reasonable care toward another party.
- Negligence
- Accident
- Carelessness
- Mistake
Negligence
An action to recover possession of property unlawfully detained.
- Collection
- Repossession
- Litigation
- Replevin
Replevin
The failure to perform with ability and care normally exercised by people in the profession.
- Accession
- Negligence
- Specific performance
- Malpractice
Malpractice
Laws designated to prevent one individual or group from controlling too large a share of the market for a product.
- Maritime laws
- Business laws
- Merchant laws
- Antitrust laws
Antitrust Laws
Corporations formed by individuals to perform some non-governmental function.
- Private corporations
- Alien corporations
- Foreign corporations
- Public corporations
Private Corporations
The recorder in state and federal courts.
- Magistrate
- Marshal
- Bailiff
- Clerk
Clerk
A partnership in which one partner’s liability is limited to a capital contribution only.
- Silent partnership
- General partnership
- Limited partnership
- Nontrading partnership
Limited Partnership
Persons who sign a promissory note and obligate themselves to pay at maturity.
- Payees
- Makers
- Drawers
- Holders
Makers
