Mortuary Law and Business Law

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