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Mortuary Law- Mors 200 Study Guide > Mortuary Law Compend- Multiple Choice > Flashcards

Mortuary Law Compend- Multiple Choice Flashcards

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1
Q

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

  • Bailee
  • Bailor
  • Custodian
  • Consignor
A

Custodian

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2
Q

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
A

Bailee

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3
Q

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

  • Heir
  • Executor
  • Legatee
  • Administrator
A

Administrator

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4
Q

A personal represetative of the decedent appointed in the will to carry out the provisions of the will is called:

  • Devisee
  • Administrator
  • Executor
  • Surrogate
A

Executor

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5
Q

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
A

The Federal Claims Act

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6
Q

A written disposition of property, real or personal, to take effect at the death of an individual.

  • Will
  • Lease
  • Deed
  • Promissory Note
A

Will

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7
Q

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

  • Testate
  • Intestate
  • Executor
  • Administrator
A

Intestate

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8
Q

A person who dies leaving a valid will is called a:

  • Testator
  • Intestate
  • Administrator
  • Donor
A

Testator

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9
Q

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

  • Gift
  • Letters testamentary
  • Deed
  • Codicil
A

Codicil

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10
Q

The filing and proving of the will following death.

  • Lawsuit
  • Accounting
  • Probate
  • Specific Performance
A

Probate

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11
Q

A contract that is of no legal effect.

  • Voidable
  • Formal
  • Valid
  • Void
A

Void

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12
Q

A contract that may be set aside by at least one of the parties.

  • Voidable
  • Formal
  • Valid
  • Void
A

Voidable

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13
Q

A contract which is enforceable by the courts.

  • Voidable
  • Formal
  • Valid
  • Void
A

Valid

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14
Q

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
A

Placed in the Mail by the Offeree

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15
Q

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
A

Fraud

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16
Q

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
A

Tort

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17
Q

A term involving a relation of trust or confidence is:

  • Fiduciary
  • Fraud
  • Bailment
  • Usury
A

Fiduciary

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18
Q

A breach of the duty or care one individual has towards others.

  • Criminal
  • Negligence
  • Civil law
  • Promissory estoppel
A

Negligence

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19
Q

The maximum amount of interest that may be charged.

  • Capital rate
  • Legal rate
  • Prime rate
  • Contract rate
A

Contract Rate

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20
Q

Any rate of interest above the maixmum rate allowable by law.

  • Fiduciary
  • Usurious
  • Undulant
  • Duress
A

Usurious

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21
Q

A contract in which the terms have not been fully performed by all the parties.

  • Executory
  • Executed
  • Void
  • Voidable
A

Executory

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22
Q

A contract in which undue influence was proven.

  • Valid
  • Void
  • Voidable
  • Express
A

Voidable

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23
Q

The laws of city councils.

  • Statutes
  • Ordinances
  • Torts
  • Constitutions
A

Ordinances

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24
Q

The power or authority which each court has to hear cases.

  • Forbearance
  • Disaffirmance
  • Jurisdiction
  • Judicial power
A

Jurisdiction

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25
Q

In order to be enforceable, a valid contract must meet which of the following requirements? (more than one answer)

  1. Mutual agreement
  2. Competent parties
  3. Supported by consideration
  4. Lawful purpose
A

1, 2, 3 and 4

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26
Q

A contract under seal.

  • Simple
  • Executed
  • Executory
  • Formal
A

Formal

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27
Q

Mutual mistakes as to the existence of the subject matter renders a contract:

  • Valid
  • Void
  • Voidable
  • Unenforceable
A

Void

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28
Q

The election to void a contract is called:

  • Ratification
  • Usury
  • Disaffirmance
  • Forbearance
A

Disaffirmance

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29
Q

A restatement of one’s willingness to be bound by his promises made during minority.

  • Ratification
  • Usury
  • Disaffirmance
  • Forbearance
A

Ratification

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30
Q

A contract made by a legally declared insane person (Burke) is:

  • Valid
  • Void
  • Voidable
  • Unenforceable
A

Void

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31
Q

A contract made by a person who is intoxicated, but aware of the consequences of his/her actions is:

  • Valid
  • Void
  • Voidable
  • Unenforceable
A

Valid

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32
Q

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

  • Consideration
  • Forbearance
  • Disaffirmance
  • Ratification
A

Consideration

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33
Q

When one promises to refrain from doing something, his conduct is known as:

  • Consideration
  • Forbearance
  • Disaffirmance
  • Ratification
A

Forbearance

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34
Q

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
A

Statute of Frauds

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35
Q

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
A

Assignment

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36
Q

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

  • Assignment
  • Replacement
  • A contract of agency
  • Novation
A

Novation

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37
Q

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
A

Statute of Limitations

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38
Q

Customs which have come to be recognized by the courts as law describes:

  • Constitutional law
  • Case law
  • Common law
  • Criminal law
A

Common Law

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39
Q

A contract made by an insane person who has not be declared so judicially is:

  • Valid
  • Void
  • Voidable
  • Unenforceable
A

Voidable

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40
Q

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
A

Compensatory Damages

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41
Q

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
A

Negotiable Instrument

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42
Q

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
A

Promissory Note

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43
Q

A draft drawn on a bank and payable on demand.

  • Promissory note
  • Debenture
  • Certificate of deposit
  • Check
A

Check

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44
Q

The contract between a principal and an agent creates a relationship called:

  • Debenture
  • Agency
  • Novation
  • Ultra vires
A

Agency

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45
Q

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
A

Corporation

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46
Q

A corporation has a distinct existence separate and apart from the existence of its individual members.

  • Fiduciary
  • Annuity
  • Proprietary
  • Entity
A

Entity

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47
Q

The owners of a corporation are known as:

  • Directors
  • Stockholders
  • Makers
  • Promoters
A

Stockholders

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48
Q

The right to declare dividends depends upon the discretion of the:

  • Promoter
  • Stockholders
  • Board of directors
  • Shareholders
A

Board of Directors

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49
Q

The profits of a corporation belong to the corporation until set aside by the directors for distribution as:

  • Drafts
  • Patents
  • Dividends
  • Deeds
A

Dividends

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50
Q

All physical items that are not real property are classified as _______.

  • Personal property
  • Perpetual property
  • Short-term property
  • General property
A

Personal Property

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51
Q

Anything that may be owned, possessed, used, or disposed of for a price.

  • Slander
  • Property
  • Estoppel
  • Usury
A

Property

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52
Q

Land, timber, minerals, buildings, and other man-made property permanently attached to land.

  • Real property
  • Personal property
  • Tangible personal property
  • Intangible personal property
A

Real Property

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53
Q

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
A

Intangible Personal Property

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54
Q

Personal property which can be seen and touched.

  • Tangible personal property
  • Intangible personal property
  • Limited personal property
  • Real property
A

Tangible Personal Property

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55
Q

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer.

  • Business law
  • Tort law
  • Criminal law
  • State law
A

Tort Law

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56
Q

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
A

Tort

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57
Q

The extinction or withdrawal of a legacy by an act equivalent to revocation.

  • Ademption
  • Probate
  • Abatement
  • Intestacy
A
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58
Q

A will written entirely by the testator with his own hand.

  • Regular will
  • Holographic will
  • Testate will
  • Noncupative will
A

Holographic Will

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59
Q

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
A

Abatement

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60
Q

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
A

Insolvent Estate

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61
Q

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
A

Children of Legal Age

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62
Q

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
A

Actual Custody

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63
Q

Perjury is:

  • Silence
  • False testimony
  • Duress
  • Undue influence
A

False Testimony

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64
Q

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

A Constitution

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65
Q

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
A

The Uniform Commercial Code

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66
Q

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
A

an injunction

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67
Q

to read the charge of an indictment is

  • to annul
  • to assault
  • to set bond
  • to arraign
A

to arraign

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68
Q

defamation of character by spoken words or gestures is

  • attest
  • slander
  • breach
  • libel
A

slander

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69
Q

Laws enacted by legislative bodies are:

  • Statutes
  • Injunctions
  • Ordinances
  • Constitutions
A

Statutes

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70
Q

in the state court, the chief officer is

  • the marshall
  • the bailiff
  • the clerk of the court
  • the judge
A

the judge

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71
Q

a temporary order forbidding a certain action is

  • statute
  • restraining order
  • injunction
  • writ of habeus corpus
A

a restraining order

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72
Q

the court having sole jurisdiction over estates is

  • the magistrates court
  • the justice of peace
  • the county court at law
  • the probate court
A

the probate court

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73
Q

common law is based on

  • customs
  • legacies
  • written law
  • trust
A

customs

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74
Q

parol evidence is

  • legalit
  • battery
  • spoken words
  • chattel
A

spoken words

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75
Q

a formal written command issued by a court of law

  • a writ
  • a warranty deed
  • a note payable
  • a will
A

a writ

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76
Q

a failure to volunteer or reveal information not requested is termed

  • default
  • compromis
  • complaint
  • concealment
A

concealment

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77
Q

which of the following is not a type of inferior state court?

  • justice of the peace court
  • juvenile court
  • magistrate court
  • small claims court
A

juvenile court

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78
Q

laws passed by local governments are

  • ordinances
  • statutes
  • torts
  • unenforceable
A

ordinances

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79
Q

the doctrine of stare decisis is concerned with

  • sits
  • torts
  • criminals
  • case law
A

case law

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80
Q

a court of original general jurisdiction is

  • an original court
  • a supreme court
  • an appellate court
  • a trial court
A

a trial court

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81
Q

the law of the land in the united states is the

  • US constitution
  • president
  • executive decree
  • executory
A

US constitution

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82
Q

what is right and just refers to

  • judicial admission
  • equity
  • deprivation
  • superior
A

equity

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83
Q

the party who institutes a court action is the

  • administrator
  • bailor
  • plaintiff
  • defendant
A

plaintiff

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84
Q

the highest court of the land in the United States is the

  • state supreme court
  • appeals court
  • superior court
  • us supreme court
A

us supreme court

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85
Q

the highest court of a state is the

  • court of appeals
  • state supreme court
  • superior court
  • court of original general jurisdiction
A

state supreme court

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86
Q

a process may be referred to as

  • a warrant
  • a summons
  • a verdict
  • an appeal
A

a summons

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87
Q

The decision of a jury is:

  • Warrant
  • Summons
  • Judgement
  • Verdict
A

Verdict

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88
Q

a federal court of appeals is

  • a trial court
  • an appellate court
  • a probate court
  • a superior court
A

an appellate court

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89
Q

common law developed in

  • england
  • egypt
  • bulgaria
  • mexico
A

england

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90
Q

rules of civil conduct commanding what is right and prohibiting what is wrong defines

  • civil law
  • business law
  • tort law
  • law
A

law

91
Q

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
A

business law

92
Q

orders and decrees from governmental agencies which have the force of law is considered

  • statutory law
  • criminal law
  • civil law
  • administrative law
A

administrative law

93
Q

a contract made by a person who is so intoxicated as to be unaware of the consequences is

  • void
  • valid
  • executory
  • voidable
A

voidable

94
Q

a newspaper advertisement can be an offer if it shows

  • mutual agreement
  • the price
  • intent
  • markup
A

intent

95
Q

an expressed willingness from a person to enter into contractual agreement is

  • an invitation to bid
  • a quasi contract
  • a written agreement
  • an offer
A

an offer

96
Q

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
A

terms of the contract

97
Q

to cancel or annul or avoid a contract is to

  • validate
  • execute an option
  • rescind
  • recall
A

rescind

98
Q

a person below the adult age is

  • legatee
  • devisee
  • a semi-adult
  • a minor
A

a minor

99
Q

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
A

anti-trust laws

100
Q

a contract made with which of these people would be considered void?

  • intoxicated person
  • minor
  • adult
  • judicially declared insane person
A

judicially declared insane person

101
Q

a change of parties with the formation of a new contract is

  • assignment
  • novation
  • delegation
  • parole evidence
A

novation

102
Q

the violation of the terms of a contract is referred to as

  • breach of contract
  • common law
  • business law
  • contract law
A

breach of contract

103
Q

a term for blood kin is

  • consideration
  • relations
  • consanguinity
  • up-line
A

consanguinity

104
Q

the right a minor has to avoid a contract is termed

  • ratification
  • denial
  • abatement
  • disaffirmance
A

disaffirmance

105
Q

generally, a minor is fully liable for his/her

  • contracts
  • torts
  • scruples
  • convicts
A

torts

106
Q

which of the following is not a necessary?

  • clothes
  • food
  • movie ticket
  • shelter
A

movie ticket

107
Q

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
A

written contracts

108
Q

a term which means the transfer of one’s duty alone without transfer of rights is

  • assignment
  • novation
  • delegation
  • ordination
A

delegation

109
Q

usury is a term which refers to

  • bailment
  • contract of obligations
  • estoppeld
  • excess interest
A

excess interest

110
Q

a breach of contractual obligation other than money is

  • terms of performance
  • unenforceable
  • interest
  • default
A

default

111
Q

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
A

material fact

112
Q

contracts in which fraud is proven are considered

  • valid
  • voidable
  • enforceable
  • void
A

voidable

113
Q

price fixing agreements are

  • acceptable
  • misconstrued
  • enforceable
  • illegal
A

illegal

114
Q

oral contracts are

  • unenforceable
  • spoken
  • void
  • voidable
A

spoken

115
Q

an offer is rejected by

  • an inquiryb
  • a question
  • an acceptance
  • a counteroffer
A

a counteroffer

116
Q

the party who makes the offer is the

  • offeree
  • offered
  • offeror
  • acceptor
A

offeror

117
Q

which one of these is a necessary

  • CD player
  • television
  • concert ticket
  • medical bill
A

medical bill

118
Q

a contract whose terms have been fully carried out is

  • exemplary
  • executory
  • executive
  • executed
A

executed

119
Q

a contract must always be

  • an implied contract
  • an agreement
  • an executed contract
  • a probated contract
A

an agreement

120
Q

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

a unilateral contract

121
Q

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
A

an implied contract

122
Q

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
A

an express contract

123
Q

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

a joint and several contract

124
Q

caveat emptor means

  • the cave is empty
  • beware of the seller
  • let the buyer beware
  • merchant beware
A

let the buyer beware

125
Q

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
A

an acceptance

126
Q

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
A

existing goods

127
Q

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
A

identified goods

128
Q

goods of a homogenous nature which are sold by weight or measure are known as

  • identified goods
  • fungible goods
  • existing goods
  • future goods
A

fungible goods

129
Q

bailment in which the bailee does not recieve any compensation is

  • gratuitous bailment
  • incidental bailment
  • extraordinary bailment
  • fiduciary bailment
A

gratuitous bailment

130
Q

reasonable care, under circumstances, is a required standard in ordinary bailments by the

  • bailor
  • assessor
  • agent
  • bailee
A

bailee

131
Q

a carrier owned by a shipper for the purpose of shipping its own goods is

  • public carrier
  • progressive carrier
  • prohibited carrier
  • private carrier
A

private carrier

132
Q

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
A

bill of lading

133
Q

the deposit of tangible personal property as security for some debt or obligation is

  • liability
  • pawn
  • pledge
  • consignment
A

pawn

134
Q

in a bailment, the person who retains the title but gives up possession of the goods is the

  • bailee
  • consignee
  • contractor
  • bailor
A

bailor

135
Q

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
A

goods offered without reserve

136
Q

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
A

common carrier

137
Q

indorsements of commercial paper include which of the following?

  1. warranted indorsement
  2. blank indorsement
  3. qualified indorsement4. restrictive indorsement
    a. 1,2 and 3
    b. 1,2 and 4
    c. 1,3 and 4
    d. 2,3 and 4
A

2,3 and 4blank indorsementqualified indorsementrestrictive indorsement

138
Q

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
A

maker of the note

139
Q

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
A

Bond

140
Q

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
A

Cashier’s Check

141
Q

An indorsement which limits the liability of the endorser.

  • Conditional indorsement
  • Restrictive indorsement
  • Special indorsement
  • Qualified indorsement
A

Qualified Indorsement

142
Q

Factors del credere are:

  • Brokers
  • Commission mechants
  • General agents
  • Attorney’s in fact
A

Commission Merchants

143
Q

The most common method of creating an agency is by:

  • Appointment
  • Estoppel
  • Ratification
  • Necessity
A

Appointment

144
Q

An individual who brings together contracting parties.

  • Broker
  • Principal
  • Factor
  • Bailor
A

Broker

145
Q

The party appointed by another to act in his/her name in forming contracts with third parties.

  • Principal
  • Defendant
  • Agent
  • Maker
A

Agent

146
Q

The party who appoints an agent.

  • Factor
  • Agency
  • Prohibition
  • Principal
A

Principal

147
Q

One who receives possession of another’s property for sale on commission.

  • A special agent
  • Factor
  • Broker
  • Attorney in fact
A

Factor

148
Q

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
A

Attorney in Fact

149
Q

A principal owes which of the following duties to the agent?

  • Compensation
  • Loyalty ad good faith
  • Obedience
  • Accounting
A

Compensation

150
Q

An agent owes which of the following duties to his principal?

  • Compensation
  • Loyalty and good faith
  • Reimbursement
  • Indemnification
A

Loyalty and Good Faith

151
Q

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
A

Death and Incapacity of Either Principal or Agent

152
Q

Ownership of corporate stocks is represented by:

  • Bill of sale
  • Corporate charter
  • Certificate of title
  • Stock certificates
A

Stock Certificates

153
Q

An advantage to a corporation is:

  • Diverse management
  • Limited liability
  • Unlimited liability
  • Common stock
A

Limited Liability

154
Q

A gift of personal property received through a will.

  • Bequest
  • Devise
  • Legatee
  • Codicil
A

Bequest

155
Q

A nuncupative will is:

  • A typed will
  • A handwritten will
  • An oral will
  • A collateral will
A

An Oral Will

156
Q

The right that one person has to use the property of another for a special purpose.

  • Passageway
  • Easement
  • Right of passage
  • Property exit
A

Easement

157
Q

A charge against another’s property as security for a debt or claim.

  • Lien
  • Easement
  • Debt
  • Obligation
A

Lien

158
Q

The power of government to take private property against the objection of the owner for a public purpose.

  • Annexation
  • Eviction
  • Eminent domain
  • Encumbrance
A

Eminent Domain

159
Q

A lien or mortgage against real property.

  • Easement
  • Replevin
  • Encumbrance
  • Subrogation
A

Encumbrance

160
Q

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
A

Furniture

161
Q

The person who receives the proceeds from an insurance policy.

  • Underwriter
  • Policy holder
  • Beneficiary
  • Indorser
A

Beneficiary

162
Q

A written insurance contract.

  • Oral contract
  • Statement
  • Waiver
  • Policy
A

Policy

163
Q

A reducing term insurance policy plus savings account.

  • Terminated policy
  • Endowment policy
  • Mutual policy
  • Stock policy
A

Endowment Policy

164
Q

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
A

Whole-Life Policy

165
Q

Another term for the insurer.

  • Corporation
  • Legatee
  • Underwriter
  • Legator
A

Underwriter

166
Q

The person protected against a loss.

  • Beneficiary
  • Fiduciary
  • Policy holder
  • Underwriter
A

Policy Holder

167
Q

The consideration of an insurance policy.

  • Endowment
  • Premium
  • Stock
  • Indemnity
A

Premium

168
Q

In regards to the no-property theory; the dead body was under control of the:

  • Family
  • Courts
  • Church
  • King’s regents
A

Church

169
Q

The power to adapt laws for the protection of the public.

  • Administrative power
  • Police power
  • Civil process
  • Equity law
A

Police Power

170
Q

An action to recover possession of property unlawfully detained.

  • Litigation
  • Replevin
  • Tort
  • Repossession
A

Replevin

171
Q

The term synonymous to a dead body.

  • Skeleton
  • Cremains
  • Corpse
  • Putrefaction
A

Corpse

172
Q

The major source of mortuary law.

  • Common law
  • Civil law
  • Cannon law
  • Church law
A

Common Law

173
Q

A dead human body used for anatomical study.

  • Corpse
  • Cravat
  • Cadaver
  • Crevice
A

Cadaver

174
Q

The most positive sign of death.

  • Decomposition
  • Degeneration
  • Cremation
  • Lack of breath
A

Decomposition

175
Q

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
A

Never used in this country

176
Q

Quasi-property means:

  • Property
  • Never property
  • Illicit property
  • Almost property
A

Almost Property

177
Q

The law states that every person has a right to a:

  • Decent burial
  • Casket
  • Vault
  • Funeral
A

Decent Burial

178
Q

Embalming is a form of:

  • Necrophilia
  • Necrosis
  • Mutilation
  • Religious rite
A

Mutilation

179
Q

A trade embalmer acts as:

  • An employee
  • An employer
  • An hourly worker
  • An independent contractor
A

An Independent Contractor

180
Q

Another term for autopsy is:

  • Exhumation
  • Exhibited
  • Necropsy
  • Necrobiosis
A

Necropsy

181
Q

Exhumation is.a term for:

  • Disinterment
  • Disposal
  • Interment
  • Burying
A

Disinterment

182
Q

A funeral home’s family car is considered a:

  • Public carrier
  • Private carrier
  • Common carrier
  • Freight carrier
A

Private Carrier

183
Q

A probate court is concerned with:

  • Titles
  • Bodies
  • Crimes
  • Wills
A

Wills

184
Q

A dead human body is said to be:

  • Real property
  • Quasi-property
  • Personal property
  • Actual property
A

Quasi-Property

185
Q

A dead human body:

  • Is subject to replevin
  • May be sold
  • Is not property in the real sense
  • May be held as security
A

Is not property in the real sense

186
Q

As a rule, the right of decent disposal beleongs to the:

  • Next of kin
  • State
  • Surviving spouse
  • Country
A

Next of Kin

187
Q

With regard to the dead human body, the courts have adopted a:

  • Quasi-property theory
  • Personal property theory
  • Mixed property theory
  • Real property theory
A

Quasi-Property Theory

188
Q

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
A

The Inheritance Statute

189
Q

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
A

Per Stirpes

190
Q

A person receiving a gift of real estate in a will.

  • Legatee
  • Devisee
  • Executor
  • Administator
A

Devisee

191
Q

Which of the following is not considered to be consanguineous?

  • A brother
  • A mother
  • The wife
  • A father
A

The Wife

192
Q

The person who is the beneficiary of personal property by a will.

  • Devisee
  • Legatee
  • Indorsee
  • Drawee
A

Legatee

193
Q

An oral will stated to a witness.

  • Formal will
  • Holographic will
  • Nuncupative will
  • Publication
A

Nuncupative Will

194
Q

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
A

Two or more legally competent persons

195
Q

Another name for a prosecutor.

  • Justice of the peace
  • Marshal
  • Magistrate
  • District attorney
A

District Attorney

196
Q

The requirement for a valid offer includes which of the following? (more than one answer)

  1. It must appear to be seriously intended
  2. It must be in writing
  3. It must be communicated to the offeree
  4. It must be a formal contract
A

1 and 3

(It must appear to be seriously intended, it must be communicated to the offeree)

197
Q

The two essential elements of a contract are:

  1. It must conform to the Statute of Frauds
  2. It must be under seal
  3. There must be an offer
  4. There must be acceptance
A

3 and 4

(There must be an offer, there must be acceptance)

198
Q

Duress is classified according to the nature of the threat as: (more than one answer)

  1. Undue influence
  2. Physical duress
  3. Emotional duress
  4. Economic duress
A

2, 3 and 4

(Physical duress, emotional duress, economic duress)

199
Q

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
A

Holder in Due Course

200
Q

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
A

Another State

201
Q

For certain contracts to be enforceable they musy be in writing according to the Statute of Frauds. They include: (more than one answer)

  1. Executed bilateral contracts
  2. Contracts not to marry
  3. Contracts for sales of $500 or more
  4. Contracts that can’t be completed in one year
A

3 and 4

(Contracts for sales of $500 or more, Contracts that can’t be completed in one year)

202
Q

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
A

The title and the item are transferred upon completion of the transaction

203
Q

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
A

From a previous contract

204
Q

A crime usually punishable by death or incarceration in a penitentiary for more than one year is a:

  • Felony
  • Tort
  • Misdemeanor
  • Civil crime
A

Felony

205
Q

Damages in excess of those required to compensate the plaintiff fro the wrong done are:

  • Compensatory
  • Liquidated
  • Nominal
  • Punitive
A

Punitive

206
Q

Courts that handle divorce and child custody cases.

  • Juvenile courts
  • Probate courts
  • Domestic relations courts
  • Criminal courts
A

Domestic Relations Courts

207
Q

A punishable offense against society.

  • Felony
  • Tort
  • Crime
  • Misdemeanor
A

Crime

208
Q

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
A

Courts of Original General Jurisdiction

209
Q

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
A

Several Contract

210
Q

The power of authority which each court has to hear cases.

  • Judicial power
  • Ratification
  • Forbearance
  • Jurisdiction
A

Jurisdiction

211
Q

A contract in which two or more persons are bound both jointly and individually.

  • Joint and several contract
  • Joint contract
  • Several contract
  • Unilateral contract
A

Joint and Several Contract

212
Q

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
A

Silent Partner

213
Q

Courts concerned with deliquent, dependent, and neglected children.

  • Juvenile courts
  • Probate courts
  • Domestic relations courts
  • Criminal courts
A

Juvenile Courts

214
Q

A life insurance policy which continues until the death of the insured.

  • Whole life
  • Term
  • Renewable term
  • Death policy
A

Whole Life

215
Q

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
A

Special Federal Courts

216
Q

A partnership engaged in the buying and selling of merchandise.

  • Trading partnership
  • Unlimited partnership
  • Limited partnership
  • Non-trading partnership
A

Trading Partnership

217
Q

Failure to exercise reasonable care toward another party.

  • Negligence
  • Accident
  • Carelessness
  • Mistake
A

Negligence

218
Q

An action to recover possession of property unlawfully detained.

  • Collection
  • Repossession
  • Litigation
  • Replevin
A

Replevin

219
Q

The failure to perform with ability and care normally exercised by people in the profession.

  • Accession
  • Negligence
  • Specific performance
  • Malpractice
A

Malpractice

220
Q

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
A

Antitrust Laws

221
Q

Corporations formed by individuals to perform some non-governmental function.

  • Private corporations
  • Alien corporations
  • Foreign corporations
  • Public corporations
A

Private Corporations

222
Q

The recorder in state and federal courts.

  • Magistrate
  • Marshal
  • Bailiff
  • Clerk
A

Clerk

223
Q

A partnership in which one partner’s liability is limited to a capital contribution only.

  • Silent partnership
  • General partnership
  • Limited partnership
  • Nontrading partnership
A

Limited Partnership

224
Q

Persons who sign a promissory note and obligate themselves to pay at maturity.

  • Payees
  • Makers
  • Drawers
  • Holders
A

Makers

Mortuary Law- Mors 200 Study Guide (30 decks)

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