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NBE Examine Review > Law > Flashcards

Law Flashcards

1
Q

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

Bailee
Bailor
Consignor
Custodian

A

Custodian

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2
Q

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

Codicil

Deed

Gift

Letters Testamentary

A

Codicil

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3
Q

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

Administrator

Executor

Heir

Legatee

A

Administrator

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4
Q

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

Administrator

Executor

Intestate

Testate

A

Intestate

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5
Q

What is a written disposition of property, real or personal, to take effect at the death of an individual?

Deed

Lease

Promissory Note

Will

A

Will

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6
Q

What is a private or civil wrong, either intentional or caused by negligence, for which there may be action for damages?

Fraud

Tort

Undue Influence

Unjust Enrichment

A

Tort

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7
Q

In order to be enforceable, a valid contract must meet which of the following requirements?

  1. Mutual Agreement
  2. Competent Parties
  3. Supported by Consideration
  4. Lawful Purpose

1

1 and 2

1, 2, and 3

1, 2, 3 and 4

A

1, 2, 3 and 4

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8
Q

What is a breach of duty of care one individual has toward others?

Civil Law

Criminal offense

Negligence

Promissory Estoppel

A

Negligence

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9
Q

What is the election to void a contact called?

Disaffirmance

Forbearance

Ratification

Usury

A

Disaffirmance

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10
Q

The maximum amount of interest that may be charged is called the:

Capital Rate

Contract Rate

Legal Rate

Prime Rate

A

Contract Rate

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11
Q

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

Consideration

Disaffirmance

Forbearance

Ratification

A

Consideration

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12
Q

What are customs which have come to be recognized by the courts as law?

Case Law

Common Law

Constitutional Law

Criminal Law

A

Common Law

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13
Q

What are 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?

Bailments

Contracts

Fungibles

Negotiable Instruments

A

Negotiable Instruments

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14
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 Contracts

Statute of Frauds

Statute of Limitations

Statute of Time

A

Statute of Limitations

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15
Q

What are damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss?

Compensatory Damages

Liquidated Damages

Nominal Damages

Punitive Damages

A

Compensatory Damages

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16
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 is a(n):

Cooperative

Corporation

Partnership

Proprietorship

A

Corporation

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17
Q

All physical items that are not real property are classified as:

General Property

Perpetual Property

Personal Property

Short-Term Property

A

Personal Property

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18
Q

What is law whose purpose is to compensate the aggrieved, not punish the wrongdoer?

Business Law

Criminal Law

State Law

Tort Law

A

Tort Law

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19
Q

What is personal property that can be seen and touched?

Intangible Personal Property

Limited Personal Property

Real Property

Tangible Personal Property

A

Tangible Personal Property

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20
Q

A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(n):

Annuity

Entity

Fiduciary

Proprietary

A

Entity

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21
Q

What is a will written entirely by the testator with his/her own hand?

Holographic Will

Noncupative Will

Regular Will

Testate Will

A

Holographic Will

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22
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

Children of Legal Age

Grandparents

Parents

A

Children of Legal Age

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23
Q

The condition of an estate of a deceased person which is unable to pay debts of the decedent and/or the estate is referred to as being:

Insolvent Estate

Intestacy per Capita

Intestacy per Stirpes

Solvent Estate

A

Insolvent Estate

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24
Q

What is the most important statute in the field of business law?

Common Law

The Business Code of Ethics

The Federal Tort Claims Act

The Uniform Commercial Code

A

The Uniform Commercial Code

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25
Q

When a dead human body is in the mortuary, the funeral home is said to have:

Actual Custody

Constructive Custody

Contract of Custody

Present Custody

A

Actual Custody

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26
Q

The doctrine of stare decisis is concerned with:

Case Law

Criminals

Sits

Torts

A

Case Law

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27
Q

What is the court having sole jurisdiction over an estate?

County Court of Law

Justice of the Peace

Magistrates Court

Probate Court

A

Probate Court

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28
Q

What is the law concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities?

Business Law

Criminal Law

Martial Law

Tort Law

A

Business Law

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29
Q

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

Adult

Intoxicated Person

Judicially Declared Insane Person

Minor

A

Judicially Declared Insane Person

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30
Q

A newspaper advertisement can be an offer if it shows:

Intent

Markup

Mutual Agreement

The Price

A

Intent

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31
Q

Which of the following is a term for blood kin?

Consanguinity

Consideration

Relations

Up-Line

A

Consanguinity

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32
Q

Which of the following is a mistake that does NOT render a contractual agreement defective?

Existence of the Subject Matter

Identity of the Party or Parties

Identity of the Subject Matter

Terms of the Contract

A

Terms of the Contract

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33
Q

The Statute of Frauds states that for contracts classified under this statute to be enforceable they must be:

Express Contracts

Oral Contracts

Under Seal

Written Contracts

A

Written Contracts

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34
Q

Oral contracts are:

Spoken

Unenforceable

Void

Voidable

A

Spoken

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35
Q

A contract which is based upon acts being done in consideration for a promise is called:

A Bilateral Contract

A Formal Contract

A Unilateral Contract

An Express Contract

A

A Unilateral Contract

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36
Q

A contract must always be:

A Probated Contract

An Agreement

An Executed Contract

An Implied Contract

A

An Agreement

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37
Q

A contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as:

A Bilateral Contract

A Unilateral Contract

An Express Contract

An Implied Contract

A

An Implied Contract

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38
Q

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

Agent

Assessor

Bailee

Bailor

A

Bailee

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39
Q

In bailment, the person who retains title but gives up possession of the goods is the:

Bailee

Bailor

Consignee

Contractor

A

Bailor

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40
Q

When a buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as:

Existing Goods

Fungible Goods

Future Goods

Identified Goods

A

Identified Goods

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41
Q

What is a document of title which sets forth the contract between the shipper and carrier?

Bill of Consignment

Bill of Contents

Bill of Lading

Bill of Shipment

A

Bill of Lading

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42
Q

What does “Caveat Emptor” mean?

Beware of the seller

Let the buyer beware

Let the seller beware

Merchant beware

A

Let the buyer beware

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43
Q

What are “factors del credere”?

Attorney’s in Fact

Brokers

Commission Merchants

General Agents

A

Commission Merchants

44
Q

The party who appoints an agent is the:

Agency

Bachelor

Factor

Principal

A

Principal

45
Q

Who is the individual that brings together contracting parties?

A Bailor

A Broker

A Factor

A Principal

A

A Broker

46
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 is:

A Broker

A Factor

A Factor del Credere

An Attorney in Fact

A

An Attorney in Fact

47
Q

What is the most common method of creating an agency?

Appointment

Estoppel

Necessity

Ratification

A

Appointment

48
Q

An agency is terminated by operation of the law if which of the following conditions occur?

  1. By mutual agreement of the principal and the agent.
  2. Death or incapacity of either principal or agent.
  3. If the original contract specifies a date for termination.
  4. The principal may revoke the agent’s authority.

1

2

3

4

A

2

49
Q

The person who receives the proceeds from an insurance policy is called the:

Beneficiary

Indorser

Policy Holder

Underwriter

A

Beneficiary

50
Q

What is a reducing term insurance policy plus savings account called?

A Mutual Policy

A Stock Policy

A Terminated Policy

An Endowment Policy

A

An Endowment Policy

51
Q

Who is the person protected against a loss?

Beneficiary

Fiduciary

Policy Holder

Underwriter

A

Policy Holder

52
Q

What is a life insurance policy in which premium payments continue to death or until age 100, whichever occurs first?

A Death Benefit Policy

A Renewable Term Policy

A Whole-Life Policy

A Term Policy

A

A Whole-Life Policy

53
Q

What is a written insurance contract?

A Policy

A Statement

A Waiver

An Oral Contract

A

A Policy

54
Q

What is a gift of personal property received through a will?

Bequest

Codicil

Devise

Legatee

A

Bequest

55
Q

What is the power of government to take private property against the objection of the owner for a public purpose?

Annexation

Eminent Domain

Encumbrance

Eviction

A

Eminent Domain

56
Q

What is a nuncupative will?

A Collateral Will

A Handwritten Will

A Typed Will

An Oral Will

A

An Oral Will

57
Q

The consideration of an insurance policy is:

A premium

A stock

An endowment

An indemnity

A

A premium

58
Q

What does quasi-property mean?

Almost property

Illicit property

Never property

Property

A

Almost property

59
Q

A funeral home’s family car is considered a:

Common Carrier

Freight Carrier

Private Carrier

Public Carrier

A

Private Carrier

60
Q

A trade embalmer acts as:

An employee

An employer

An hourly worker

An independent contractor

A

An independent contractor

61
Q

The major source of mortuary law is:

Cannon Law

Civil Law

Church Law

Common Law

A

Common Law

62
Q

A dead human body is said to be:

Actual Property

Personal Property

Quasi-Property

Real Property

A

Quasi-Property

63
Q

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:

Abatement

Ademption

per Capita

per Stirpes

A

per Stirpes

64
Q

A dead human body:

  1. Is not property in a real sense.
  2. Is subject to replevin.
  3. May be held as security.
  4. May be sold.

1

2

3

4

A

1

65
Q

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

Drawee

Devisee

Indorsee

Legatee

A

Legatee

66
Q

Which of the following is not considered to be consanguineous?

A brother

A father

A mother

The wife

A

The wife

67
Q

Accord and satisfaction is an agreement made and executed in satisfaction of the rights one has:

  1. As a party to a contract
  2. From a previous contract.
  3. Resulting from an existing executory contract.
  4. Under Kennedy’s Consumer Bill of Rights.

1

2

3

4

A

2

68
Q

For the average citizen, the most important courts of the state court system are the:

Appellate Courts

Courts of Original General Jurisdiction

Inferior Courts

State Supreme Courts

A

Courts of Original General Jurisdiction

69
Q

For certain contracts to be enforceable they must be in writing according to the Staute of Frauds. They include

  1. Executed bilateral contracts
  2. Contracts not to marry
  3. Contracts for sales of $500.00 or more
  4. Contracts that can’t be completed in one year

1 and 2

1 and 3

2 and 4

3 and 4

A

3 and 4

70
Q

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

Compensatory

Liquidated

Nominal

Punitive

A

Punitive

71
Q

A sale is different from a contract to sell in that in a sale:

  1. The merchandise is transferred at a future date.
  2. The title and the item are transferred upon completion of the transaction.
  3. The title is transferred at a future date.
  4. Ther is no difference between the two.

1

2

3

4

A

2

72
Q

What is the power and authority which each court has to hear a case?

Eminent Domain

Forbearance

Judicial Precedence

Jurisdiction

A

Jurisdiction

73
Q

What is the action to recover possession of property unlawfully detained?

Collection

Litigation

Replevin

Repossession

A

Replevin

74
Q

A partner who takes no active part in the management of the business, but who possibly may be known as a partner is a:

Dormant Partner

General Partner

Secret Partner

Silent Partner

A

Silent Partner

75
Q

The recorder in state and federal courts is the:

Bailiff

Clerk

Magistrate

Marshal

A

Clerk

76
Q

What is any rate of interest above the maximum rate allowable by law?

Duress

Fiduciary

Undue influence

Usury

A

Usury

77
Q

The party who makes an offer is called the:

Offered

Offeree

Offeror

Optional

A

Offeror

78
Q

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

Administrator

Defendant

Offeror

Plaintiff

A

Defendant

79
Q

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

Bilateral

Executed

Executory

Void

A

Executed

80
Q

What are false statements made in writing for the purpose of injuring the reputation of another person?

Breach of Ordinance

Implicit Trespass

Libel

Slander

A

Libel

81
Q

What is personal property permanently attached to land?

Fixture

Novation

Premium

Quitclaim

A

Fixture

82
Q

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?

Bill of Exchange

Bill of Lading

Billing Contract

Conditional Sale

A

Conditional Sale

83
Q

What is a contract to keep an offer open for a specified period of time supported by consideration?

Bailment

Option

Tentative Offer

Unilateral Offer

A

Option

84
Q

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

Administrator

Attorney

Executor

Heir

A

Administrator

85
Q

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

Bailment

Fiduciary

Inter-Vivos

Marital

A

Fiduciary

86
Q

If an intoxicated person makes a contract, the contract is:

Correct

Formal

Valid

Voidable

A

Voidable

87
Q

What is the branch of law which governs the rules of conduct and actions of a mortician during his/her legal relations with the public?

Administrative Law

Criminal Law

Mortuary Law

Tort Law

A

Mortuary Law

88
Q

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

Accident

Felony

Misdemeanor

Tort

A

Tort

89
Q

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

Complaint

Executive Order

Petition

Summons

A

Summons

90
Q

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

Fraud

Negligence

Opinion

Tort

A

Fraud

91
Q

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

Bailment

Duress

Misrepresentation

Undue Influence

A

Duress

92
Q

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

Abatement

Mutilation

Nuisance

Stare Decision

A

Mutilation

93
Q

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

Adult son

Cousin

Creditor

The State

A

Adult son

94
Q

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

Closest of kin

Court

Executor

Sheriff

A

Court

95
Q

In legal terminology, a dead human body is considered:

Chattel

Partial Property

Quasi-Property

Real Property

A

Quasi-Property

96
Q

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

Bailor

Legatee

Personal Representative

Testatrix

A

Bailor

97
Q

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

Eminent Domain

Jurisdiction

Legislative Right

Police Power

A

Police Power

98
Q

A dead human body is:

May be held as security

May be insured

Is not property in a real sense

Is subject to replevin

A

Is not property in a real sense

99
Q

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

Actual custody

Constructive custody

Contract custody

Promise of custody

A

Actual custody

100
Q

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

Agent Drivers

Contract Drivers

Lawful Drivers

Livery Drivers

A

Agent Drivers

101
Q

The Federal Trade Commission does NOT require a/an:

Casket Price List

Disclaimer

General Price List

Outer Burial Container Price List

A

Disclaimer

102
Q

The Federal Trade Commission does NOT require a/an:

Casket Price List

Disclaimer

General Price List

Outer Burial Container Price List

A

Disclaimer

103
Q

The FTC Rule requires that the General Price List contain all of the following EXCEPT the:

Casket Price Range

Charge for Forwarding Remains

Charge for the Hearse

Reason for Embalming

A

Reason for Embalming

104
Q

The FTC Rule requires that the General Price List contain all of the following EXCEPT the:

Casket Price Range

Charge for Forwarding Remains

Charge for the Hearse

Reason for Embalming

A

Reason for Embalming

105
Q

You serve a family and provide both services and merchandise. The state requires the funeral home to pay 4% sales tax on merchandise. Your prices are as follows:

Services $2,000.00

Casket $2,250.00

Vault $1,600.00

Total $5,850

How much sales tax does the funeral director pay the state?

$67.50

$110.88

$154.00

$175.50

A

$154.00

NBE Examine Review (11 decks)

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