NBE Study Guide Questions- Law

Question 1

Of the following, who has the primary right to control final disposition of a body?

a. adult son
b. cousin
c. creditor
d. state

Answer 1

adult son

Question 2

if there is no will, the property and holdings of a deceased person will be distributed according to law and an administrator/personal representative will be appointed by the

a. closest of kin
b. funeral director
c. court
d. executor

Answer 2

court

Question 3

in legal terminology, a dead human body is considered

a. real property
b. quasi-property
c. chattel
d. partial property

Answer 3

quasi property

Question 4

a good business technique in funeral arrangements is to

a. promise the family a meaningful service
b. allow use of various credit arrangements
c. have a written contract
d. pre-sell

Answer 4

have a written contract

Question 5

the next of kin who delivers the personal effects of the deceased to the funeral director is properly termed a:

a. personal representative
b. bailor
c. legatee
d. testatrix

Answer 5

bailor

Question 6

State regulation of funeral services for the health and welfare of citizens is an example of a state’s:

a. jurisdiction
b. eminent domain
c. police power
d. legislative right

Answer 6

police power

Question 7

a dead human body:

a. is subject to replevin
b. is not property in real sense
c. may be insured
d. may be held as security

Answer 7

is not property in a real sense

Question 8

the funeral director who has physical possession of a dead human body is said to have:

a. actual custody
b. constructive custody
c. promise of custody
d. contract custody

Answer 8

actual custody

Question 9

in a cortege, drivers who are under the control of the funeral director are legally referred to as:

a. contract drivers
b. lawful drivers
c. livery drivers
d. agent drivers

Answer 9

agent drivers

Question 10

although a dead body is in one mortuary, the moruary which has control of the final disposition is said to have:

a. actual custody
b. constructive custody
c. promise of custody
d. contract custody

Answer 10

constructive custody

Question 11

as a funeral director, the only people you should inform, even if asked, that the deceased has an infectious disease are appropriate members of:

a. the clergy
b. law enforcement agencies
c. your staff
d. the press

Answer 11

your staff

Question 12

a practitioner serves a family and provides both services and merchandise. the state requires the funearl home to pay 4% of sales tax on merchandise. Prices are as follows:

services $2,000

casket $2,250

vault $1,600

total $5,850

how much sales tax does the funeral director pay the state:

a. 67.50
b. 110.88
c. 154
d. 175.50

Answer 12

154

Question 13

Any rate of interest above the maximum rate allowable by law is:

a. fiduciary
b. usury
c. undue influence
d. duress

Answer 13

usury

Question 14

the party who makes an offer is called the:

a. offeree
b. offered
c. offeror
d. optional

Answer 14

offeror

Question 15

the party who is sued in a civil suit is known as the:

a. defendant
b. plaintiff
c. offeror
d. administrator

Answer 15

defendant

Question 16

the doctrine of stare decisis is concerned with:

a. suits
b. case law
c. parole evidence
d. torts

Answer 16

case law

Question 17

the term that is used when all the terms of a contract have been fully performed by the contracting parties is:

a. bilateral
b. executory
c. void
d. executed

Answer 17

executed

Question 18

a business that is owned by one person is classified as a:

a. corporation
b. partnership
c. sole proprietorship
d. limited partnership

Answer 18

sole proprietorship

Question 19

false statements made in writing for the purpose of injuring the reputation of another constitute:

a. slander
b. libel
c. implicit trespass
d. breach of ordinance

Answer 19

libel

Question 20

personal property permanently attached to land is known as a :

a. quitclaim
b. premium
c. novation
d. fixture

Answer 20

fixture

Question 21

which of the following terms describes a sale in which the buyer, so long as the buyer is not in default, has a right to possession before payment in full is made?

a. bill of lading
b. bill of exchange
c. billing contract
d. conditional sale

Answer 21

conditional sale

Question 22

a contract to keep an offer open for a specified period of time supported by consideration is called a/an:

a. option
b. bailment
c. unilateral offer
d. tentative offer

Answer 22

option

Question 23

the person appointed by a court to oversee an estate is the:

a. heir
b. attorney
c. executor
d. administrator

Answer 23

administrator

Question 24

in law, a relationship of trust is expressed by the term:

a. marital
b. bailment
c. fiduciary
d. inter-vivos

Answer 24

fiduciary

Question 25

an intoxicated person makes a contract it is:

a. valid
b. formal
c. correct
d. voidable

Answer 25

voidable

Question 26

the branch of law which deals with the rules of conduct and actions governing a mortician during his legal relations with the public is:

a. tort law
b. criminal law
c. mortuary law
d. administrative law

Answer 26

mortuary law

Question 27

a private or civil wrong whose cause is intentional or caused by negligence for which there may be action or damages is a:

a. tort
b. felony
c. accident
d. misdemeanor

Answer 27

tort

Question 28

a notice of complaint given to a defendant defining the complaint and a time frame in which an answer must be received is an:

a. summons
b. petition
c. complaint
d. executive order

Answer 28

summons

Question 29

an intentional statement of false facts upon which an injured party relied in a decision to enter into contract, to their detriment is:

a. tort
b. fraud
c. opinion
d. negligence

Answer 29

fraud

Question 30

the method of removing one’s free will in making decisions by threats to do physical harm to the person, his family, or property is:

a. duress
b. bailment
c. undue influence
d. misrepresentation

Answer 30

duress

Question 31

unauthorized embalming may be viewed by the courts as which type of violation?

a. nuisance
b. abatement
c. mutilation
d. stare decision

Answer 31

mutilation