When a funeral director has a dead human body in his care, he is properly termed a
Custodian
When a funeral director has the personal effects of a dead human body in his posession, he is properly termed a
Bailee
A person appointed by the court to oversee the estate of an intestate is called
Administratior
The right to sue the federal government is derived from
The Federal Claims act
a personal representative of the decedent appointed in the will to carry out the provisions of tghe will is called
Executor
A written disposition of property, real or personal, to take effect at the death of an individual is called a
Will
When a person dies withour a will, he is said to die
Intestate
A person who dies leaving a valid will is called a
Testator
An addition or modification of a will is known as a
Codicil
The filing and proving of the will following death is called
Probate
A contract that is of no legal effect is
Void
A contract that may be set aside by at least one of the parties is
Voidable
A contract which is enforcable by the courts is
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
Placed in the mail by the offeree.
One who induces another to enter into a contract as a result of an intentionally of recklessly false statement of a material fact is guilty of
Fraud
A private of civil wrong, either intentional or caused by negligence, for which there may be action for damages is
Tort
A term involving a relation of trust or confidence is
Fiduciary
A breach of the duty of care one individual has toward others is called
Negligence
The maximum amount of interest that may be charged is called the
Contract Rate
Any rate of interest above the maximum rate allowable by law is said to be
Usurious
A contract in which the terms have not been fully performed by all the parties is said to be
Executory
A contract in which undue influence was proven is considered
Voidable
The laws of city councils are called
Ordinances
The power or authority which each court has to hear cases is called its
Jurisdiction
In order to be enforceable, a valid contract must meet which of the following requirements?
Lawful purpose
A contract under seal is called
Formal
Mlutual mistakes as to the existence of the subject matter renders a contract
Void
The election to void a contract is called
Disaffirmance
A restatement of one's willingness to be bound by his promises made during minority is called
Ratificatioin
A contract made by the legallly declared insane person is
Void
A contract made by a person who is intoxicated, but aware of the consequences of hie/her actions is
Valid
Whatever the promisor demands and creeives as the price for his promise is called
Consideraton
When one promises to refrain from doing something, his conduct is known as
Forbearance
The statute listing certain classes of contracts which must be in writing to be enforceable is called the
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 si called
Assignment
The substitution of a new party for the original party who is to perform is called
Novation
When one party to a contract breaches it, the other aprty has the right ot sue for breach of contract, but he must exercise this right within the time fixed by a statute which is called
Statute of Limitations
Customs which have come to be recognized by the courts as law describes
Common Law
A contract made by an insane person who has not been declared so judicially is
Voidable
The damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss are called
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, are called
Negotiable instruments
An unconditional written promise made by one person to another, signed by the maker, engaging the pay on demand or at a fixed future time, a sum certain in money to order or to bearer is a
Pormissory Note
A draft drawn on a bank and payable on demand is a
Check
A contract between a principal and an agent creates a relationship called
Agency
An association of individuals united for a common prupose and permitted by law to use a common name and to change its memeber without dissouution of the associatiion is a(an)
Corporation
A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(an)
Entity
The owners of a corporation are known as
Stockholders
The right to declare dividends depends upon the discretion of the
Board of Directors
The profits of a corporation belong to the corporation until set aside by the directors for dustribution as
Dividends
All physical items that are not real property are classified as
Personal Property
Anything that may be owned, posessed, used, or disposed of for a price is called
Property
Land, timber, minerals, buildings, and other manmade property permanently attached to land are called
Real Property
Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks, are
Intangible Personal Property
Personal property which cna be seen and touched is
Tangable Personal Property
The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is
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
The extinction or withdrawal of a gegacy by an act equivalent to revocation is called
Ademption
A will written entirely by the testator with his own hand is properly termed a
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 is
Abatement
The condition of an estate of a ceceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being
Intestacy per capita
Of the following, under normal circumstances, the one(s) having the primary right to control final disposiiton of a deceased person is
Children of legal age
When a dead human body is in the mortuary, the funeral home is said to have
Actual custody
Perjury is
False Testimony
A document which defines the relationship of the government itself and of its citizens is
A constitution
In the field of business law, the most important statute is
The Uniform Commercial Code
A permanent order, issued by a court, forbidding activities which would be detrimental to others is
An Injunction
To read the charge of an indictment is
To Arraign
Defamation of character by spoken words or gestures is
Slander
Laws enacted by lesislative bodies are
Statutes
In the state court, the chief officer is
The Judge
A temporary order forbidding a certain action is
A Restraining Order
The court having sole jurisdiction over estates is
The Probate Court
Common law is based on
Customs
Parol evidence is
Spoken Words
A formal written command issued by a court of law
A Writ
The failure to volunteer or reveal information not requested is termed
Concealment
Which of the following is not a type of inferior state court
Juvenile Court
Laws passed by local governments are
Ordinances
The doctrine of stare decisis is concerned with
Case Law
A court of original general jurisdiction is
A Trial Court
The law of the land in the United States is the
U.S. Constitution
What is right and just refers to
Equity
The party who institutes a court action is the
Plaintiff
The highest court of the land in the United States is the
U.S. Supreme Court
The highest court of a state is the
State Supreme Court
A process may be refered to as
A Summons
The decision of a jury is the
Verdict
A federal court of appeals is
An Appallate Court
Common law developed in
England
Rules of civil conduct commanding what is right and prohibiting what is wrong defines
Law
Law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is
Business Law
Orders and decrees from governmental agencies which have the force of law is considered
Administrative Law
A contract made by a person who is so intoxicated as to be unaware of the consequences is
Voidable
A newspaper advertisement can be an offer if it shows
Intent
An expressed willingness from a person to enter into a contractual agreement is
An Offer
Which of the following is a mistake that does NOT render an agreement defective?
Terms of the Contract
To concel or annul or avoid a contract is to
Rescind
A person below the adult age is
a Minor
Laws that are designed to protect or prevent any individual from controlling a large share of a market or products are
Anti-trust Laws
A contract made with which of these people would be considered void?
Judicially declared insane person
A change of parties with the formation of a new contract is
Novation
The violation of the terms of a contract is referred to as
Breach of Contract
A term for blood kin is
Consanguinity
The right a minor has to avoid a contract is termed
Disaffirmance
Generally, a minor is fully liable for his/her
Torts
which of the following is not a necessary?
Movie Ticket
The Statute of Frauds states that for contracts classified under this statute to be enforceable they must be
Written Contracts
A term which means the tranfer of one's duty alone without fransfer of rights is
Delegation
Usury is a term which refers to
Excess interest
A breach of contractual obligation other than money is
Default
The term which means a fact that could alter one's decision to enter into a legal binding contract is
A Material Fact
Contracts in which fraud is proven are considered
Voidable
Price fixing agreements are
Illegal
Oral contracts are
Spoken
An offer is rejected by
A Counteroffer
The party who makes the offer is the
Offeror
Which one of these is a necessary
Medical Bill
A contract whose terms have been fully carried out is
Executed
A contract must always be
An Agreement
A contract which is based upon acts being done in consideration for a promise is called
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 Implied Contract
A contract in which the paties make known their intentions by words is
An Express Contract
A contract which is written so that either party may consider it as a joint obligagion or a group of individual obligations is
A Joint and several contract
Caveat Emptor means
Let the buyer beware
When a buyer takes actual posession of goods which have been offered for sale, this action is called
An Acceptance
Goods which are owned by the seller and are physicallly in existence at the time of the contract are known as
Existing Goods
When the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as
Indentified goods
Goods of a homogenous nature which are sold by weight or measure are known as
Fungible Goods
BAilment in which the bailee does not receive any compensation is
Gratuitous Bailment
Reasonable care, under the circumstances, is a required standard in ordinary bailments by the
Bailee
A carries owned by a shipper for the purpose of shipping its own goods is
A Private Carrier
A document of title which sets forth the contract between the shipper and carrier is the
Bill of Lading
The deposit of tangible personal property as security for some debt or ob iigation is
A Pawn
In a bailment, the person who retains title but gives up posession of the goods is the
Bailor
In an aution, goods which are offered for sale that cannot be withdrawn are classified as
Goods offered without reserve
A carrier that transports goods or persons for a fee for all who apply for the services and witghout discrimination is called a
Contractor
Indorsements of commercial paper include which of the following?
Restrictive indorsement
The person who signs a promissory note and is obligated topay at maturity is called the
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 is
A 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 is called
A Cashier's Check
An indorsement which limits the liability of the endorser is called a
Qualifiied Indorsement
Factors del credre are
Commission merchants
The most common method of creating an agency is by
Appointment
An individual who brings together contracting parties is called
A Broker
The party appointed by another to act in his/her name in forming contracts with third parties is
An Agent
The party who appoints an agent is the
Principal
One who receives posession of another's property for sale on commissioin is
A 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 is
An Attorney in fact
A principal owes which of the following duties to the agent?
Compensation
An agent owes which of the following duties to his principal
Loyalty and good faith
An agency is terminated by operation of the law if which of the following conditions occur?
Death or incapacity of either principal or agent
Ownership of corporate stocks is represented by
Stock Certificates
An advantage to a corporation is
Limited Liability
A gift of personal property received through a will is a
Bequest
A numcupative will is
An oral will
The right that one person has to use the property of another for special purpose is known as
An Easement
A charge against another's property as security for a debt of claim is
A Lien
The power of government to take private property against the objection of the owner for a public purpose is
Eminent domain
A lien or mortgage against real property is
An Encumbrance
Which of the following is classified as movable personal property?
Furniture
The person who receives the proceeds from an insurance policy is called the
Beneficiary
A written insurance contract is
A Policy
A reducing term insurance policy plus savings account is called
An Endowment Policy
A life insurance policy in which premium payments continue to death or until age 100, whichever occurs first, is
A whole Life Policy
Another term for the insurer is
Underwriter
The person protected against a loss is the
Policy Holder
The consideration of an insurance policy is
Premium
In regards to the non-property theory, the dead body was under the control of the
Church
The power to adopt laws for the protection of the public is
Police Power
An action to recover possession of property unlawfully detained is
Replevin
The term synonymous to the dead body is
Corpse
The major sourc of mortuary law is
Common Law
A dead human body used for anatomical study is a
Cadaver
The most positive sign of death is
Decomposition
The legal status of a dead human body known as the property theory is
Never used in this country
Quasi-property means
Almost property
The law states that every person has a right to a
Decent burial
Embalming is a form of
Mutilation
A trade embalmer acts as
An independent contractor
Another term for autopsy is
Necropsy
Exhumation is a term for
Disinterment
A funeral home's family car is considered a
private carrier
A probate court is concerned with
wills
A dead human body is said to be
quasi-property
A dead human body
is not property in a real sense
As a rule, the right of decent disposal belongs to the
surviving spouse
With regard to the dead human body, the courts have adopted a
quasi-property theory
A surviving spouse may avoid being written out of a will by invoking
the inheritance statute
The method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as so many individuals is distribution
per stirpes
A person receiving a gift of real estate in a will is
a devisee
Which of the following is not considered to be consanguineous
an executor
The person who is the beneficiary of personal property by a will is the
legatee
An oral will stated to a witness is a
nuncupative will
A contract is a legally enforceable agreement
two or more legally competent persons
Another name for a prosecutor is
district attorney
The requirement for a valid offer includes which of the following: 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.
1 and 3
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.
3 and 4
Duress is classified according to the nature of the threat as: 1. undue influence, 2. physical duress, 3. emotional duress, 4. economic distress
2, 3, and 4.
Parties who acquire rights superior to those of the original owner are known as
holder in due course
A foreign corporation is one that is chartered in
another state
For certain contracts to be enforceable they must be in writing according to the Statute of Frauds. They include: 1. executed bilateral contracts, 2. contracts not to mary, 3. contracts for sales of $500 or more, 4. contracts that can't be completed in on
3 and 4
A sale is different from a contract to sell in that in a sale
the title and the item are transferred upon completion of the transaction.
Accord and satisfaction is an agreement made and executed in satisfaction of the rights one has
from a previous contract
A crime usually punishable by death or incarceration in a penitentiary for more than one year is a
felony
Damages in excess of those required to compensate the plaintiff for the wrong done are
punitive
Courts that handle divorce and child custody cases are known as
domestic relations courts
A punishable offense against society is defined as
crime
For the average citizen, the most important courts of the state court system are the
courts of original general jurisdiction
A contract in whihc two or more people individually agree to perform the same obligation is called a
several contract
The power or authority which each court has to hear cases is called
jurisdiction
A contract in which two or more persons are bound both jointly and individually is known as a
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 is a
silent partner
Courts concerned with delinquent, dependent, and neglected children are called
juvenile courts
A life insurance policy which continues until the death of the insured is
whole life
Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as
special federal courts
A partnership engaged in the buying and selling of merchandise is a (n)
trading partnership
Failure to exercise reasonalbe care toward another party is known as
Negligence
An action to recover possession of property unlawfully detained is termed
Replevin
The failure to perform with ability and care normally exercised by people in the profession is known as
Malpractice
Laws designed to prevent one individual or group from controlling too large a share of the market for a product are called
Antitrust Laws
Corporations formed by individuals to perform some non-governmental function are called
Private Corporations
The recorder in state and federal courts is the
Clerk
A partnership in which one partner's liability is limited to a capital contribution only is a
Limited Partnership
Persons who sign a promissory note and obligate themselves to pay at maturity are called the
Makers
Stare decisis
Stand by the decision
Ordinance
Municipal law
Common Law
Unwritten Law
Admirality Law
Law of the sea
Statute
Law enacted by legislature
Canon law
church made law
Police power
RTight of a state to regulate matters pertaining to the dead
Fiduciary agreement
Based on trust
Administrative law
State boards of funeral service
Skeleton
Does not constitute a dead human body
Consanguinity
Blood relation
Replevin
Action to recover possession of property unlawfully detained
Quasi-property rights
Legal status of a dead human body
Jurisprudence
Law
Spouse
surviving husband or wife
Testator
Person making a will
Devisee
Person receiving a gift of real estate in a will
Executor
Person named in a will to carry out terms of will
Administrator
Person appointed by court to settle the estate of an intestate
Legatee
Person receiving personal property in a will
Void contract
Not enforceable by law
Valid contract
Enforceable by Law
Unilateral contract
One sided contract
Bilateral contract
Mutual exchange of promises
Formal contract
Madu under a seal
Tort
Involves an injury to another
Duress
Threat of harm
Common law
Unwritten Law
Equity Law
Chancery Court
Trial court
Where the original trial is conducted
Plaintiff
The person filing the suit
Defendant
The person against whom the suit is filed
Offeror
The person to who makes the offer
Offeree
The person to whom the offer is made
Death or insanity
Cause for terminating the contract
Forebearance
One's promise to refrain from doing something
Consideration
Whatever the promisor demands and receives as the price for his promise
Ratification
Restatement of one's willingness to be bound to a contract made during minority
Novation
Substitution of a new party for the original party who is to perform
Disaffirmance
Election to avoid a contract
Common Law
Custom which has come to be recognized by the courts
Breach of Contract
The violation of an agreement or obligation
Uniform Commercial Code
The most important statute iin the field of business law
Business Law
Concerns primarily those rules of conduct prescribed by government for performance of business transaction
Assignor
The one who makes an assignment
Contract rate
Maximum rate of interest that can be charged
Parol Evidence
Spoken Words
Legal rate
Rate charged when parties are silent as to the interest rate
Assignee
The one to whom the right of assignment is transferred
Valid
Enforceable by the courts
Plaintiff
The one who institutes the action
Voidable
May be set aside by at least one of the parties
Defendant
The one against whom action is brought
Void
Of no legal effect
Agent
The party appointed by the principal to act in his name in contracting with a third party
Power of attorney
The written contract of agency
Special agent
One who is authorized by his principal to transact a specific act or a specific series of acts.
General agent
One who is authorized to carry on all of his principal's business at a particular place or all of his princial's busines of a particular kind
Principal
Party who appoints another to act in his name in forming contracts with third parties.
Payee
The party to whom commercial paper is made payable
Bearer
If the payee of commercial paper is indicated as"Myself" "Cash, "Payroll," or some similar name the term is equivalent to
Drawee
The person or business concern who is ordered to pay a bill of exchange
Drawer
The person who executes a draft, such as a bill of exchange, trade acceptance, or a check
Acceptor
When the drawee of a bill of exchange indicates his willingness to assume responsibility for its payent, he is called
Draft
a bill of exchange
maker
The person who executes a promissory note
Holder
The person in possession of commercial paper
Indorser
When the payee of commercial paper writes his name on the back of it before delivering it to another party, he is called
Indorsee
A person who becomes the holder of commercial paper by indorsement and delivery
Beating him
Battery
Threatening to beat him
Assault
Defaming him orally
Slander
Defaming him in writing
Libel
Restricting his freedom
False impdrisonment
Receives proceeds from a policy
Beneficiary
The insurer
Underwriter
Consideration insured pays for protection
premium
Amount insurer agrees to pay
face amount
Person protected against the loss
policyholder