Mortary Law and Business Law

Question 1

when a funeral director has a dead human body in his care, he is properly termed a

Answer 1

custodian

Question 2

when a funeral directory has the personal effects of a dead human body in his possession, his is a

Answer 2

bailee/ custodian

Question 3

a person appointed by the court to oversee the estate of an intestate

Answer 3

administrator

Question 4

a personal representative of the decedent appointed in the will to carry out the provisions of the will

Answer 4

executor

Question 5

the right to sue the federal gov’s is derived

Answer 5

the Federal Claims act

Question 6

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

Answer 6

a will

Question 7

when a person dies without a will, he is said to die

Answer 7

intestate

Question 8

a person who dies leaving a valid will

Answer 8

testator

Question 9

an addition or modification of a will known as

Answer 9

codicil

Question 10

the filing and proving of the will following death is called

Answer 10

probate

Question 11

a contract that is of no legal effect

Answer 11

void

Question 12

a contract that may be set aside by at least one of the parties is

Answer 12

voidable

Question 13

a contract which is enforceable by the courts is

Answer 13

valid

Question 14

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

Answer 14

placed in the mail by the offeree

Question 15

one who induces another to enter into a contract as a result of an intentionally or recklessly false statement of a material fact is guilty of

Answer 15

fraud

Question 16

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

Answer 16

tort

Question 17

a term involving a relation of trust or confidence is

Answer 17

fiduciary

Question 18

a breach of the duty of care one individual has toward others is called

Answer 18

negligence

Question 19

the maximum amount of interest that may be charged is called

Answer 19

contract rate

Question 20

any rate of interest above the maximum rate allowable by law is said to be

Answer 20

usurious

Question 21

a contract in which the terms have not been fully performed by all the parties is said to be

Answer 21

executory

Question 22

a contract in which undue influence was proven is considered

Answer 22

voidable

Question 23

the laws of city councils are called

Answer 23

ordinances

Question 24

the power or authority which each court has to hear cases is called its

Answer 24

jurisdication

Question 25

in order to be enforceable, a valid contract must meet what

Answer 25

mutual agreement, competent parties, supported by consideration, and lawful purpose

Question 26

a contract under seal is called

Answer 26

formal

Question 27

mutual mistakes as to the existence of the subject matter renders a contract

Answer 27

void

Question 28

the election to void a contract is called

Answer 28

disaffirmance

Question 29

the restatement of one’s willingness to be bound by his promises made during minority is called

Answer 29

ratification

Question 30

a contact made by a legally declared insane person

Answer 30

void

Question 31

a contact made by a person who is intoxicated, but aware of the consequences of his/her actions is

Answer 31

valid

Question 32

whatever the promisor demands and receives as the price for his promise

Answer 32

consideration

Question 33

when one promises to refrain from doing something, his conduct is

Answer 33

forbearance

Question 34

the statute listing certain classes of contracts which must be in writing to be enforceable is called

Answer 34

Statute of Frauds

Question 35

the means whereby one party conveys his rights in a contract to another who is not a party to the original contract,

Answer 35

assignment