Exam 1 Study Guide

Question 1

Define Law

Answer 1

Law is a rule of civil conduct, commanding what is right and what is wrong

Question 2

Define law objectives

Answer 2

• Establish enforceable rules of conduct (among individuals and between individuals & society)
• Governing relationships (peacefully resolve disputes and establish frameworks for societal operations)

Question 3

What are our roots of our legal system?

Answer 3

England (and France and Spain)

Question 4

What are the sources of law?

Answer 4

1. Constitutional interpretation
2. Statutory law
3. Judicial decisions
4. Administrative Agency Orders

Question 5

Civil versus criminal law

Answer 5

Civil law - Concerned with private or purely personal rights
*** TEST QUESTION: Frederic Goldman vs James Simpson

Criminal law - Laws dealing with crimes and the punishment of wrong doers

Question 6

Distinguish among crimes, torts, and ethics

Answer 6

Crime - Offense against society
Tort - Private or civil wrong or injury, other than by breach of contract, for which there may be an action for damages (negligence, strict liability)
Ethics - Principles that determine the mortality of conduct, its motives and its duties

Question 7

Tort Law

Answer 7

Negligence tort
Strict Liability

*Not sure on what this one is asking for tbh

Question 8

Define ethics

Answer 8

Principles that determine the mortality of conduct, its motives, and its duties

Question 9

Development of ethics

Answer 9

Philosophy
Religion
Secular
Values
Code of ethics

Question 10

Types of ethics

Answer 10

Normative ethics - Formulating moral standards of conduct (treat all bodies with respect)

Meta Ethics - the study and evaluation of standards of conduct (why treat all bodies with respect)

Question 11

Theory of Moral Development (Lawrence Kohlberg)

Answer 11

Pre Conventional Level - to avoid punishment and accomplish a reward

Conventional Level - do it because you want people to be proud of you

Post Conventional Level - do it because you believe in it

Question 12

Distinguish between ethics vs law

Answer 12

Laws dictate minimum standards of behavior that society will tolerate

Ethics represents the ideal standards expected by the profession

Question 13

Absolutism versus Relativism

Answer 13

Absolutism: Right or wrong (higher authority)

Relativism: There i no one correct moral standard for all times and all people

Question 14

Ethics in funeral service

Answer 14

Remember the examples Moreno has given
This one is kind of easy you got this!

Confidentiality
Professional procedures
Factual representation

Question 15

Whistleblowing

Answer 15

To see wrong and not expose it, becoming a silent partner to its continuance

*BOOK SAYS: person who exposes wrongdoing in an organization

Question 16

Texas Administrative Code – Rule 209.1

Answer 16

1. Licensees should strive to attain the highest degree of ethical and professional conduct using honesty, candor, and respect
2. Avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission
3. A licensee shall not violate any statute, ordinance, or regulation affecting the handling, custody, care, or transportation of a decedent
4. A licensee shall not knowingly furnish inaccurate, deceitful, or misleading information to the Commission or a consumer as a licensee
5. There policies are intended to set forth ethical percepts to which individuals licensed by the Commission should aspire to achieve
6. Competency. The licensee shall be knowledgeable of and to the laws, rules… and all procedures established by the Commission for lincensees

Question 17

Pre-need and post-need ethics

Answer 17

*Honestly IDK, if anyone knows let me know

Question 18

Functions of the court

Answer 18

To interpret the law
To apply the law

Question 19

Types of courts

Answer 19

Trial court - Court that conducts original trial of a case
Appellate court - Court that reviews the decision of another court
Special federal court - Federal trial with limited jurisdiction
Federal district court - Trial court of federal court system
Federal court of appeals - Court that hears appeals in federal court system
Inferior court - Trial court that hears only cases involving minor offenses and disputes
Court of original general jurisdiction - Court of record in which case is first tried
Court of record - Court in which an official record of the proceedings is kept
State court of appeals - Intermediate appellate court
Probate court - court that handles estates
Juvenile court - Court that handles delinquent, dependent, and neglected children
Domestic relations court - Court that handles divorce and related cases

Question 20

Procedure for filing a lawsuit

Answer 20

Complaint - document which initiates a civil laws case
Summons - Notice given to defendant
Answer - Official document responding to the plaintiff’s complaint
Discovery - The informal and formal exchange of information between sides in a lawsuit
Trial - Structured process where the facts of a case are presented
Judgement - A decision of the court in a lawsuit
Execution - Carrying out or completion of some task

Question 21

Procedure for a jury trial

Answer 21

Jury is selected and sworn in
Opening statements
Plaintiffs evidence
Defendant’s evidence
Summary of evidence
Judge’s ruling / Jury’s verdict

Question 22

Explain intentional and negligent tort liability

Answer 22

Intentional torts - assault, battery, trespass, false imprisonment, do something with an intent to harm

Negligence - Failure to exercise ordinary care (didn’t comply with bare minimum)

Question 23

Explain business torts

Answer 23

Tort caused by or involving a business

Question 24

Define crimes

Answer 24

Offense against society

Question 25

Computer crimes

Answer 25

Crime that is committed with the aid of computers or because computers are involved

Question 26

Explain why government regulates business

Answer 26

In order to eliminate abuse and to control conduct considered to be unreasonable

Question 27

Define and explain administrative agencies

Answer 27

Government boards or commissions with the authority to regulate or implement laws

Question 28

Define and explain antitrust laws

Answer 28

Statute that seeks to promote competition among businesses

Question 29

Requirements for a contract

Answer 29

Mutual agreement (meeting of the minds)
Competent parties
Consideration
Lawful purpose (is it legal)
Proper form

Question 30

Contracts versus agreements

Answer 30

Contract must be an agreement
Agreement doesn’t have to be a contract
Only when legal obligations are present does a contract come into existence

Question 31

Types of contracts

Answer 31

Expressed - oral or written; very detailed
Implied - Assumptions / expectations based on common sense; mutual agreement
Quasi - (casi) almost; looks like a contract, not real estate or personal property
Formal - in writing
Simple - very loose confirmation, mostly implied

Question 32

Requirements of a valid offer

Answer 32

1. It must be definite
2. It must appear to be seriously intended
3. It must be communicated to the offeree

Question 33

Offer vs. Invitation

Answer 33

Offer: proposal to make a contract
Invitation: doesn’t qualify; things such as advertisements, bids, price lists / quotations, estimates

Question 34

Duration of an offer

Answer 34

Must have a time frame

Question 35

Manner of acceptance

Answer 35

Must be communicated to offeror but no particular procedure is required
Traditionally you sign

Question 35

Define counteroffer

Answer 35

Offeree’s response that rejects offer by varying its terms

Question 36

Identify who has capacity to contract

Answer 36

All parties must have the legal and mental capacity to contract

Question 37

Define disaffirmance

Answer 37

Repudiation of a voidable contract

Question 38

Explain contract with minors and ratification

Answer 38

Can contract with minors for necessaries such as items required for living at a reasonable standard
Use of a cosigner
A minor is liable for torts as fully as an adult is

Ratification - Indication by adult that a contract made while a minor is binding

Question 39

Reasons which may impair a person’s ability to contract

Answer 39

Minor
Mentally incompetent (including insanity, senile dementia)
Intoxicated
Convict

Question 40

Explain consideration

Answer 40

Whatever the promisor demands and receives as the price for a promise

Question 41

Payment and consideration

Answer 41

Money is most used consideration
Partial payment of a past debt due cannot be used as consideration

Question 42

Insufficient or invalid consideration

Answer 42

1. Performing or promising to perform what one is already obligated to do
2. Refraining or promising to refrain from what one has no right to do
3. Past performance

Question 43

Exceptions to requirement of consideration

Answer 43

Voluntary subscriptions
Debts of record
Promissory estoppel
Modification of sales contracts

Question 44

Reasons for written contracts

Answer 44

Witnesses
In case one becomes incapacitated (for things such as real estate)
Can’t deny the contract exists
Clear and unambiguous language

Question 45

Statute of frauds

Answer 45

Law requiring certain contracts to be in writing

Selling land or anything to do with land
If it’ll take longer than 1 year
Debt or default of another
Pay off debts of estate or personal funds
Marriage
Agreement to sell goods for over $100
Prenuptial

Question 46

Debt versus default

Answer 46

Debt - obligation to pay money

Default - breach of contractual obligation

Question 47

Methods by which contracts are terminated

Answer 47

Time of performance
Tender of performance
Tender of payment
Satisfactory performance
Substantial performance

Question 48

Circumstances that discharge a contract by operation of law

Answer 48

Bankruptcy
Statute of Limitations
Alteration of Written Contracts

Question 49

Remedies for breach of contract

Answer 49

Nominal damages
Compensatory damages
Punitive damages
Liquidated damages