Mortuary Law Compend- Matching Flashcards Preview

Mortuary Law- Mors 200 Study Guide > Mortuary Law Compend- Matching > Flashcards

Flashcards in Mortuary Law Compend- Matching Deck (80):
1

Stare Decisis

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

Stand by the Decision

2

Ordinance

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

Municipal Law

3

Common Law

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

Unwritten Law

4

Admiralty Law

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

Law of the Sea

5

Statute

a. unwritten law
b. stand by the decision
c. municipal law
d. law of the sea
e. law enacted by legislature

Law enacted by legislature

6

Canon Law

a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service

Church made law

7

Police Power

a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service

Right of a state to regulate matters pertaining to the dead

8

Fiduciary Agreement

a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service

Based on trust

9

Administrative Law

a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service

State boards of funeral service

10

Skeleton

a. Does not constitute a dead human body
b. Right of a state to regulate matters pertaining to the dead
c. Based on trust
d. Church made law
e. State boards of funeral service

Does not constitute a dead human body

11

Consanguinity

a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body

Blood-relation

12

Replevin

a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body

Action to recover possession of property unlawfully detained

13

Quasi-property rights

a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body

Legal status of a dead human body

14

Jurisprudence

a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body

Law

15

Spouse

a. action to recover possession of property unlawfully detained
b. Surviving husband or wife
c. Law
d. Blood-relation
e. Legal status of a dead human body

Surviving husband or wife

16

Testator

a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will

Person making a will

17

Devisee

a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will

person receiving a gift of real estate in a will

18

Executor

a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will

Person named in a will to carry out terms of will

19

Administrator

a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will

Person appointed by court to settle the estate of an intestate

20

Legatee

a. person receiving personal property in a will
b. person making a will
c. person appointed by court to settle the estate of an intestate
d. person receiving a gift of real estate in a will
e. person named in a will to carry out terms of will

person receiving personal property in a will

21

Void Contract

a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises

not enforceable by law

22

Valid Contract

a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises

Enforceable by law

23

Unilateral Contract

a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises

one sided contract

24

Bilateral Contract

a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises

Mutual exchanges of promises

25

Formal Contract

a. made under a seal
b. not enforceable by law
c. enforceable by law
d. one sided contract
e. mutual exchange of promises

made under a seal

26

Tort

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

involves injury to another

27

Duress

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

threat of harm

28

Common Law

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

Unwritten Law

29

Equity Law

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

Chancery court

30

Trial Court

a. involves an injury to another
b. unwritten law
c. threat of harm
d. chancery court
e. where the original trial is conducted

Where the original trial is conducted.

31

Plaintiff

a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract

the person filing the suit

32

Defendant

a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract

The person against whom the suit is filed

33

Offeror

a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract

The person who makes the offer

34

Offeree

a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract

The person whom the offer is made

35

Death or Insanity

a. the person who makes the offer
b. the person to whom the offer is made
c. the person filing the suit
d. the person against whom the suit is filed
e. cause for terminating the contract

Cause for terminating the contract

36

Forbearance

a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one's promise to refrain from doing something
d. restatement of one's willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise

One's promise to refrain from doing something

37

Consideration

a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one's promise to refrain from doing something
d. restatement of one's willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise

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

38

Ratification

a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one's promise to refrain from doing something
d. restatement of one's willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise

Restatement of one's willingness to be bound to a contract made during minority

39

Novation

a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one's promise to refrain from doing something
d. restatement of one's willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise

substitution of a new party for the original party who is to perform

40

Disaffirmance

a. substitution of a new party for the original party who is to perform
b. election to avoid a contract
c. one's promise to refrain from doing something
d. restatement of one's willingness to be bound to a contract made during minority
e. whatever the promisor demands and receives as the price for his promise

Election to avoid a contract

41

Common Law

a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e.concerns primarily those rules of conduct prescribed by government for performance of business transaction

custom which has come to be recognized by the courts

42

Breach of Contract

a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e.concerns primarily those rules of conduct prescribed by government for performance of business transaction

the violation of an agreement or obligation

43

Uniform Commercial Code

a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e.concerns primarily those rules of conduct prescribed by government for performance of business transaction

the most important statute in the field of business law

44

Business Law

a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e.concerns primarily those rules of conduct prescribed by government for performance of business transaction

concerns primarily those rules of conduct prescribed by government for performance of business transaction

45

Contract

a. the violation of an agreement or obligation
b. custom which has come to be recognized by the courts
c. agreement between two or more parties that is enforceable at law
d. the most important statute in the field of business law
e.concerns primarily those rules of conduct prescribed by government for performance of business transaction

agreement between two or more parties that is enforceable at law

46

Assignor

a. the one to whom the right of assignment is transferred
b, "spoken words"
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate

The one who makes an assignment

47

Contract Rate

a. the one to whom the right of assignment is transferred
b, "spoken words"
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate

Maximum rate of interest that can be charged

48

Parol Evidence

a. the one to whom the right of assignment is transferred
b, "spoken words"
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate

"spoken words"

49

Legal Rate

a. the one to whom the right of assignment is transferred
b, "spoken words"
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate

Rate charged when parties are silent as to the interest rate

50

Assignee

a. the one to whom the right of assignment is transferred
b, "spoken words"
c. maximum rate of interest that can be charged
d. the one who makes an assignment
e. rate charged when parties are silent as to the interest rate

The one to whom the right of assignment is transferred

51

Valid

a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties

Enforceable by the courts

52

Plaintiff

a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties

The one who institutes the action

53

Voidable

a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties

may be set aside by at least one of the parties

54

Defendant

a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties

the one against whom the action is brought

55

Void

a. the one who institutes the action
b. of no legal effect
c. the one against whom action is brought
d. enforceable by the courts
e. may be set aside by at least one of the parties

of no legal effect

56

Agent

a. one who is authorized to carry on all of his principal's business at a particular place or all of his principal's business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.

the party appointed by the principal to act in his name in contracting with a third party.

57

Power of Attorney

a. one who is authorized to carry on all of his principal's business at a particular place or all of his principal's business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.

the written contract of agency

58

Special Agent

a. one who is authorized to carry on all of his principal's business at a particular place or all of his principal's business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.

one who is authorized by his principal to transact a specific act or a specific series of acts

59

General Agent

a. one who is authorized to carry on all of his principal's business at a particular place or all of his principal's business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.

one who is authorized to carry on all of his principal's business at a particular place or all of his principal's business of a particular kind.

60

Principal

a. one who is authorized to carry on all of his principal's business at a particular place or all of his principal's business of a particular kind.
b. the written contract of agency
c. one who is authorized by his principal to transact a specific act or a specific series of acts
d. the party appointed by the principal to act in his name in contracting with a third party.
e. party who appoints another to act in his name in forming contracts with third parties.

party who appoints another to act in his name in forming contracts with third parties.

61

Payee

a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as "Myself", "Cash", "Payroll", or some similar name, the term is equivalent

the party to whom commercial paper is made payable

62

Bearer

a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as "Myself", "Cash", "Payroll", or some similar name, the term is equivalent

If the payee of commercial paper is indicated as "Myself", "Cash", "Payroll", or some similar name, the term is equivalent

63

Drawee

a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as "Myself", "Cash", "Payroll", or some similar name, the term is equivalent

the person or business concern who is ordered to pay a bill of exchange

64

Drawer

a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as "Myself", "Cash", "Payroll", or some similar name, the term is equivalent

the person who executes a draft, such as a bill of exchange, trade acceptance, or check

65

Acceptor

a. the party to whom commercial paper is made payable
b. the person who executes a draft, such as a bill of exchange, trade acceptance, or check
c. when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment
d. the person or business concern who is ordered to pay a bill of exchange
e. If the payee of commercial paper is indicated as "Myself", "Cash", "Payroll", or some similar name, the term is equivalent

when the drawee of a bill of exchange indicates his willingness to assume responsibility for his payment

66

Draft

a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange

a bill of exchange

67

Maker

a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange

the person who executes a promissory note

68

Holder

a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange

the person in possession of commercial paper

69

Indorser

a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange

when the payee of commercial paper writes his name on the back of it before delivering it to another party

70

Indorsee

a. the person in possession of commercial paper
b. the person who executes a promissory note
c. a person who becomes the holder of commercial paper by indorsement and delivery
d. when the payee of commercial paper writes his name on the back of it before delivering it to another party
e. a bill of exchange

a person who becomes the holder of commercial paper by indorsement and delivery

71

Beating him

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

Battery

72

Threatening to beat him

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

Assault

73

Defaming him orally

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

Slander

74

Defaming him in writing

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

Libel

75

Restricting his freedom

a. libel
b. assault
c. slander
d. battery
e. false imprisonment

False Imprisonment

76

Receives proceeds from a policy

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

Beneficiary

77

The insurer

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

underwriter

78

Consideration insured pays for protection

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

premium

79

Amount insurer agrees to pay

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

Face Amount

80

Person protected against the loss

a. underwriter
b. policyholder
c. beneficiary
d. face amount
e. premium

policyholder