Mortuary Law Compend- Multiple Choice Flashcards by Heather Clark

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

Bailee
Bailor
Custodian
Consignor

Custodian

How well did you know this?

Not at all

Perfectly

When a funeral director has the personal effects of a dead human body in his possession, he is proberly termed a:

Bailee
Bailor
Custodian
Consignee

Bailee

How well did you know this?

Not at all

Perfectly

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

Heir
Executor
Legatee
Administrator

Administrator

How well did you know this?

Not at all

Perfectly

A personal represetative of the decedent appointed in the will to carry out the provisions of the will is called:

Devisee
Administrator
Executor
Surrogate

Executor

How well did you know this?

Not at all

Perfectly

The right to sue the federal government is derived from:

The Clayton act
The Robinson-Patman act
The Federal Claims act
The Federal Trade Commission act

The Federal Claims Act

How well did you know this?

Not at all

Perfectly

A written disposition of property, real or personal, to take effect at the death of an individual.

Will
Lease
Deed
Promissory Note

Will

How well did you know this?

Not at all

Perfectly

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

Testate
Intestate
Executor
Administrator

Intestate

How well did you know this?

Not at all

Perfectly

A person who dies leaving a valid will is called a:

Testator
Intestate
Administrator
Donor

Testator

How well did you know this?

Not at all

Perfectly

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

Gift
Letters testamentary
Deed
Codicil

Codicil

How well did you know this?

Not at all

Perfectly

The filing and proving of the will following death.

Lawsuit
Accounting
Probate
Specific Performance

Probate

How well did you know this?

Not at all

Perfectly

A contract that is of no legal effect.

Voidable
Formal
Valid
Void

Void

How well did you know this?

Not at all

Perfectly

A contract that may be set aside by at least one of the parties.

Voidable
Formal
Valid
Void

Voidable

How well did you know this?

Not at all

Perfectly

A contract which is enforceable by the courts.

Voidable
Formal
Valid
Void

Valid

How well did you know this?

Not at all

Perfectly

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:

Received by the offeror
Placed in the mail by the offeree
Received by the offeree
Never complete, must be an oral acceptance

Placed in the Mail by the Offeree

How well did you know this?

Not at all

Perfectly

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

Fraud
Duress
Unjust enrichment
Undue influence

Fraud

How well did you know this?

Not at all

Perfectly

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

Fraud
Tort
Unjust enrichment
Undue influence

Tort

How well did you know this?

Not at all

Perfectly

A term involving a relation of trust or confidence is:

Fiduciary
Fraud
Bailment
Usury

Fiduciary

How well did you know this?

Not at all

Perfectly

A breach of the duty or care one individual has towards others.

Criminal
Negligence
Civil law
Promissory estoppel

Negligence

How well did you know this?

Not at all

Perfectly

The maximum amount of interest that may be charged.

Capital rate
Legal rate
Prime rate
Contract rate

Contract Rate

How well did you know this?

Not at all

Perfectly

Any rate of interest above the maixmum rate allowable by law.

Fiduciary
Usurious
Undulant
Duress

Usurious

How well did you know this?

Not at all

Perfectly

A contract in which the terms have not been fully performed by all the parties.

Executory
Executed
Void
Voidable

Executory

How well did you know this?

Not at all

Perfectly

A contract in which undue influence was proven.

Valid
Void
Voidable
Express

Voidable

How well did you know this?

Not at all

Perfectly

The laws of city councils.

Statutes
Ordinances
Torts
Constitutions

Ordinances

How well did you know this?

Not at all

Perfectly

The power or authority which each court has to hear cases.

Forbearance
Disaffirmance
Jurisdiction
Judicial power

Jurisdiction

How well did you know this?

Not at all

Perfectly

In order to be enforceable, a valid contract must meet which of the following requirements? (more than one answer) 1. Mutual agreement 2. Competent parties 3. Supported by consideration 4. Lawful purpose

1, 2, 3 and 4

A contract under seal. * Simple * Executed * Executory * Formal

Formal

Mutual mistakes as to the existence of the subject matter renders a contract: * Valid * Void * Voidable * Unenforceable

Void

The election to void a contract is called: * Ratification * Usury * Disaffirmance * Forbearance

Disaffirmance

A restatement of one's willingness to be bound by his promises made during minority. * Ratification * Usury * Disaffirmance * Forbearance

Ratification

A contract made by a legally declared insane person (Burke) is: * Valid * Void * Voidable * Unenforceable

Void

A contract made by a person who is intoxicated, but aware of the consequences of his/her actions is: * Valid * Void * Voidable * Unenforceable

Valid

Whatever the promisor demands and receives as the price for his promise is called: * Consideration * Forbearance * Disaffirmance * Ratification

Consideration

When one promises to refrain from doing something, his conduct is known as: * Consideration * Forbearance * Disaffirmance * Ratification

Forbearance

The statute listing certain classes of contracts which must be in writing to be enforceable is called the: * Statute of Written Contracts * Statute of Limitations * Statute of Frauds * Statute of Contracts

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 is called: * Assignment * Bill of sale * A contract of agency * Novation

Assignment

The substitution of a new party for the original party who is to perform is called: * Assignment * Replacement * A contract of agency * Novation

Novation

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 Time * Statute of Limitations * Statute of Frauds * Statute of Contracts

Statute of Limitations

Customs which have come to be recognized by the courts as law describes: * Constitutional law * Case law * Common law * Criminal law

Common Law

A contract made by an insane person who has not be declared so judicially is: * Valid * Void * Voidable * Unenforceable

Voidable

The damages awared to an injured in a contract in which the injured party is entitled to compensation for the exact amount of the loss. * Nominal damages * Compensatory damages * Punitive damages * Liquidated damages

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. * Negotiable instrument * Bailments * Fungibles * Contracts

Negotiable Instrument

An unconditional written promise made by one person to another, signed by the maker, engaging to pay on demand or a fixed future time, a sum certain in money to order or to bearer. * Draft * Check * Promissory note * Certificate of deposit

Promissory Note

A draft drawn on a bank and payable on demand. * Promissory note * Debenture * Certificate of deposit * Check

Check

The contract between a principal and an agent creates a relationship called: * Debenture * Agency * Novation * Ultra vires

Agency

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. * Cooperative * Corporation * Proprietorship * Partnership

Corporation

A corporation has a distinct existence separate and apart from the existence of its individual members. * Fiduciary * Annuity * Proprietary * Entity

Entity

The owners of a corporation are known as: * Directors * Stockholders * Makers * Promoters

Stockholders

The right to declare dividends depends upon the discretion of the: * Promoter * Stockholders * Board of directors * Shareholders

Board of Directors

The profits of a corporation belong to the corporation until set aside by the directors for distribution as: * Drafts * Patents * Dividends * Deeds

Dividends

All physical items that are not real property are classified as \_\_\_\_\_\_\_. * Personal property * Perpetual property * Short-term property * General property

Personal Property

Anything that may be owned, possessed, used, or disposed of for a price. * Slander * Property * Estoppel * Usury

Property

Land, timber, minerals, buildings, and other man-made property permanently attached to land. * Real property * Personal property * Tangible personal property * Intangible personal property

Real Property

Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks. * Real property * Mixed property * Intangible personal property * Tangible personal property

Intangible Personal Property

Personal property which can be seen and touched. * Tangible personal property * Intangible personal property * Limited personal property * Real property

Tangible Personal Property

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer. * Business law * Tort law * Criminal law * State law

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 * Felony * Criminal act * Misdemeanor

Tort

The extinction or withdrawal of a legacy by an act equivalent to revocation. * Ademption * Probate * Abatement * Intestacy

A will written entirely by the testator with his own hand. * Regular will * Holographic will * Testate will * Noncupative will

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. * Ademption * Codicil * Probate * Abatement

Abatement

The condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being: * Solvent estate * Intestacy per stirpes * Intestacy per capita * Involvent estate

Insolvent Estate

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 * Grandparents * Children of legal age * Parents

Children of Legal Age

When a dead human body is in the mortuary, the funeral home is said to have: * Actual custody * Constructive custody * Present custody * Contract of custody

Actual Custody

Perjury is: * Silence * False testimony * Duress * Undue influence

False Testimony

A document which defines the relationship of the government itself and of its citizens is: * The uniform commercial code * Civil law * Common law * A constitution

A Constitution

In the field of business law, the most important statute is: * The Uniform Commercial Code * The business code of ethics * the Federal Tort Claims Act * common law

The Uniform Commercial Code

A permanent order, issued by a court, forbidding activities which would be detrimental to others is ## Footnote * a restraining order * an injunction * a statute * a writ of habeus corpus

an injunction

to read the charge of an indictment is ## Footnote * to annul * to assault * to set bond * to arraign

to arraign

defamation of character by spoken words or gestures is ## Footnote * attest * slander * breach * libel

slander

Laws enacted by legislative bodies are: * Statutes * Injunctions * Ordinances * Constitutions

Statutes

in the state court, the chief officer is ## Footnote * the marshall * the bailiff * the clerk of the court * the judge

the judge

a temporary order forbidding a certain action is ## Footnote * statute * restraining order * injunction * writ of habeus corpus

a restraining order

the court having sole jurisdiction over estates is ## Footnote * the magistrates court * the justice of peace * the county court at law * the probate court

the probate court

common law is based on ## Footnote * customs * legacies * written law * trust

customs

parol evidence is ## Footnote * legalit * battery * spoken words * chattel

spoken words

a formal written command issued by a court of law ## Footnote * a writ * a warranty deed * a note payable * a will

a writ

a failure to volunteer or reveal information not requested is termed ## Footnote * default * compromis * complaint * concealment

concealment

which of the following is not a type of inferior state court? ## Footnote * justice of the peace court * juvenile court * magistrate court * small claims court

juvenile court

laws passed by local governments are ## Footnote * ordinances * statutes * torts * unenforceable

ordinances

the doctrine of stare decisis is concerned with ## Footnote * sits * torts * criminals * case law

case law

a court of original general jurisdiction is ## Footnote * an original court * a supreme court * an appellate court * a trial court

a trial court

the law of the land in the united states is the ## Footnote * US constitution * president * executive decree * executory

US constitution

what is right and just refers to ## Footnote * judicial admission * equity * deprivation * superior

equity

the party who institutes a court action is the ## Footnote * administrator * bailor * plaintiff * defendant

plaintiff

the highest court of the land in the United States is the ## Footnote * state supreme court * appeals court * superior court * us supreme court

us supreme court

the highest court of a state is the ## Footnote * court of appeals * state supreme court * superior court * court of original general jurisdiction

state supreme court

a process may be referred to as ## Footnote * a warrant * a summons * a verdict * an appeal

a summons

The decision of a jury is: * Warrant * Summons * Judgement * Verdict

Verdict

a federal court of appeals is ## Footnote * a trial court * an appellate court * a probate court * a superior court

an appellate court

common law developed in ## Footnote * england * egypt * bulgaria * mexico

england

rules of civil conduct commanding what is right and prohibiting what is wrong defines ## Footnote * civil law * business law * tort law * law

law

law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is ## Footnote * business law * criminal law * tort law * martial law

business law

orders and decrees from governmental agencies which have the force of law is considered ## Footnote * statutory law * criminal law * civil law * administrative law

administrative law

a contract made by a person who is so intoxicated as to be unaware of the consequences is ## Footnote * void * valid * executory * voidable

voidable

a newspaper advertisement can be an offer if it shows ## Footnote * mutual agreement * the price * intent * markup

intent

an expressed willingness from a person to enter into contractual agreement is ## Footnote * an invitation to bid * a quasi contract * a written agreement * an offer

an offer

which of the following is a mistake that does NOT render an agreement defective? ## Footnote * identity of the subject matter * identity of the party or parties * terms of the contract * existence of the subject matter

terms of the contract

to cancel or annul or avoid a contract is to ## Footnote * validate * execute an option * rescind * recall

rescind

a person below the adult age is ## Footnote * legatee * devisee * a semi-adult * a minor

a minor

laws that are designed to protect or prevent any individual from controlling a large share of a market or products are ## Footnote * consumer protection laws * anti-trust laws * production control laws * nader laws

anti-trust laws

a contract made with which of these people would be considered void? ## Footnote * intoxicated person * minor * adult * judicially declared insane person

judicially declared insane person

a change of parties with the formation of a new contract is ## Footnote * assignment * novation * delegation * parole evidence

novation

the violation of the terms of a contract is referred to as ## Footnote * breach of contract * common law * business law * contract law

breach of contract

a term for blood kin is ## Footnote * consideration * relations * consanguinity * up-line

consanguinity

the right a minor has to avoid a contract is termed ## Footnote * ratification * denial * abatement * disaffirmance

disaffirmance

generally, a minor is fully liable for his/her ## Footnote * contracts * torts * scruples * convicts

torts

which of the following is not a necessary? ## Footnote * clothes * food * movie ticket * shelter

movie ticket

the statute of frauds states that for contracts classified under this statute to be enforceable they must be ## Footnote * written contracts * express contracts * under seal * oral contracts

written contracts

a term which means the transfer of one's duty alone without transfer of rights is ## Footnote * assignment * novation * delegation * ordination

delegation

usury is a term which refers to ## Footnote * bailment * contract of obligations * estoppeld * excess interest

excess interest

a breach of contractual obligation other than money is ## Footnote * terms of performance * unenforceable * interest * default

default

the term which means a fact that could alter one's decision to enter into a legal binding contract is ## Footnote * material fact * an illegal fact * a usurious fact * a fraudulent fact

material fact

contracts in which fraud is proven are considered ## Footnote * valid * voidable * enforceable * void

voidable

price fixing agreements are ## Footnote * acceptable * misconstrued * enforceable * illegal

illegal

oral contracts are ## Footnote * unenforceable * spoken * void * voidable

spoken

an offer is rejected by ## Footnote * an inquiryb * a question * an acceptance * a counteroffer

a counteroffer

the party who makes the offer is the ## Footnote * offeree * offered * offeror * acceptor

offeror

which one of these is a necessary ## Footnote * CD player * television * concert ticket * medical bill

medical bill

a contract whose terms have been fully carried out is ## Footnote * exemplary * executory * executive * executed

executed

a contract must always be ## Footnote * an implied contract * an agreement * an executed contract * a probated contract

an agreement

a contract which is based upon acts being done in consideration for a promise is called ## Footnote * a bilateral contract * a unilateral contract * a formal contract * an express contract

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 ## Footnote * an express contract * a bilateral contract * a unilateral contract * an implied contract

an implied contract

a contract in which the parties make known their intentions by words is ## Footnote * a formal contract * a simple contract * a unilateral contract * an express contract

an express contract

a contract which is written so that either party may consider it as a joint obligation or a group of individual obligations is ## Footnote * a joint contract * a joint and several contract * a several contract * an assigned contract

a joint and several contract

caveat emptor means ## Footnote * the cave is empty * beware of the seller * let the buyer beware * merchant beware

let the buyer beware

when a buyer takes actual possession of goods which have been offered for sale, this action is called ## Footnote * an acceptance * a receipt * a bill of sale * a contract to sell

an acceptance

goods which are owned by the seller and are physically in existence at the time of the contract are known as ## Footnote * existing goods * identified goods * future goods * fungible goods

existing goods

when the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as ## Footnote * existing goods * future goods * identified goods * fungible goods

identified goods

goods of a homogenous nature which are sold by weight or measure are known as ## Footnote * identified goods * fungible goods * existing goods * future goods

fungible goods

bailment in which the bailee does not recieve any compensation is ## Footnote * gratuitous bailment * incidental bailment * extraordinary bailment * fiduciary bailment

gratuitous bailment

reasonable care, under circumstances, is a required standard in ordinary bailments by the ## Footnote * bailor * assessor * agent * bailee

bailee

a carrier owned by a shipper for the purpose of shipping its own goods is ## Footnote * public carrier * progressive carrier * prohibited carrier * private carrier

private carrier

a document of title which sets forth the contract between the shipper and carrier is the ## Footnote * bill of lading * bill of shipment * bill of consignment * bill of contents

bill of lading

the deposit of tangible personal property as security for some debt or obligation is ## Footnote * liability * pawn * pledge * consignment

pawn

in a bailment, the person who retains the title but gives up possession of the goods is the ## Footnote * bailee * consignee * contractor * bailor

bailor

in an auction, goods which are offered for sale that cannot be withdrawn are classified as ## Footnote * goods offered with reserve * consigned goods * goods offered without reserve * future goods

goods offered without reserve

a carrier that transports goods and persons for a fee for all who apply for services and without discrimination is called a ## Footnote * consignment carrier * private carrier * common carrier * contract carrier

common carrier

indorsements of commercial paper include which of the following? 1. warranted indorsement 2. blank indorsement 3. qualified indorsement4. restrictive indorsement a. 1,2 and 3 b. 1,2 and 4 c. 1,3 and 4 d. 2,3 and 4

2,3 and 4blank indorsementqualified indorsementrestrictive indorsement

the person who signs a promissory note and is obligated to pay at maturity is called the ## Footnote * payer of the note * holder of the note * acceptor of the note * maker of the note

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. * Promissory note * Bond * Draft * Collateral note

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. * Certified check * Voucher check * Cashier's check * Bank Draft

Cashier's Check

An indorsement which limits the liability of the endorser. * Conditional indorsement * Restrictive indorsement * Special indorsement * Qualified indorsement

Qualified Indorsement

Factors del credere are: * Brokers * Commission mechants * General agents * Attorney's in fact

Commission Merchants

The most common method of creating an agency is by: * Appointment * Estoppel * Ratification * Necessity

Appointment

An individual who brings together contracting parties. * Broker * Principal * Factor * Bailor

Broker

The party appointed by another to act in his/her name in forming contracts with third parties. * Principal * Defendant * Agent * Maker

Agent

The party who appoints an agent. * Factor * Agency * Prohibition * Principal

Principal

One who receives possession of another's property for sale on commission. * A special agent * Factor * Broker * Attorney in fact

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. * Factor * Factor del credere * Attorney in fact * Broker

Attorney in Fact

A principal owes which of the following duties to the agent? * Compensation * Loyalty ad good faith * Obedience * Accounting

Compensation

An agent owes which of the following duties to his principal? * Compensation * Loyalty and good faith * Reimbursement * Indemnification

Loyalty and Good Faith

An agency is terminated by operation of the law if which of the following conditions occur? * If the original contract specifies a date for termination * By mutual agreement of the principal and the agent * Death and incapacity of either principal or agent * The principal may revoke the agent's authority

Death and Incapacity of Either Principal or Agent

Ownership of corporate stocks is represented by: * Bill of sale * Corporate charter * Certificate of title * Stock certificates

Stock Certificates

An advantage to a corporation is: * Diverse management * Limited liability * Unlimited liability * Common stock

Limited Liability

A gift of personal property received through a will. * Bequest * Devise * Legatee * Codicil

Bequest

A nuncupative will is: * A typed will * A handwritten will * An oral will * A collateral will

An Oral Will

The right that one person has to use the property of another for a special purpose. * Passageway * Easement * Right of passage * Property exit

Easement

A charge against another's property as security for a debt or claim. * Lien * Easement * Debt * Obligation

Lien

The power of government to take private property against the objection of the owner for a public purpose. * Annexation * Eviction * Eminent domain * Encumbrance

Eminent Domain

A lien or mortgage against real property. * Easement * Replevin * Encumbrance * Subrogation

Encumbrance

Which of the following is classified as movable personal property? * A farm of 160 acres in size * Furniture * Stock certificate * Mineral interest ina parcel of land

Furniture

The person who receives the proceeds from an insurance policy. * Underwriter * Policy holder * Beneficiary * Indorser

Beneficiary

A written insurance contract. * Oral contract * Statement * Waiver * Policy

Policy

A reducing term insurance policy plus savings account. * Terminated policy * Endowment policy * Mutual policy * Stock policy

Endowment Policy

A life insurance policy in which premium payments continue to death or until age 100, whichever occurs first. * Whole-life policy * Term policy * Renewable term policy * Death benefit policy

Whole-Life Policy

Another term for the insurer. * Corporation * Legatee * Underwriter * Legator

Underwriter

The person protected against a loss. * Beneficiary * Fiduciary * Policy holder * Underwriter

Policy Holder

The consideration of an insurance policy. * Endowment * Premium * Stock * Indemnity

Premium

In regards to the no-property theory; the dead body was under control of the: * Family * Courts * Church * King's regents

Church

The power to adapt laws for the protection of the public. * Administrative power * Police power * Civil process * Equity law

Police Power

An action to recover possession of property unlawfully detained. * Litigation * Replevin * Tort * Repossession

Replevin

The term synonymous to a dead body. * Skeleton * Cremains * Corpse * Putrefaction

Corpse

The major source of mortuary law. * Common law * Civil law * Cannon law * Church law

Common Law

A dead human body used for anatomical study. * Corpse * Cravat * Cadaver * Crevice

Cadaver

The most positive sign of death. * Decomposition * Degeneration * Cremation * Lack of breath

Decomposition

The legal status of a dead human body known as the property theory. * Sometimes used in this country * Never used in this country * Always used in this country * Infrequently used in this country

Never used in this country

Quasi-property means: * Property * Never property * Illicit property * Almost property

Almost Property

The law states that every person has a right to a: * Decent burial * Casket * Vault * Funeral

Decent Burial

Embalming is a form of: * Necrophilia * Necrosis * Mutilation * Religious rite

Mutilation

A trade embalmer acts as: * An employee * An employer * An hourly worker * An independent contractor

An Independent Contractor

Another term for autopsy is: * Exhumation * Exhibited * Necropsy * Necrobiosis

Necropsy

Exhumation is.a term for: * Disinterment * Disposal * Interment * Burying

Disinterment

A funeral home's family car is considered a: * Public carrier * Private carrier * Common carrier * Freight carrier

Private Carrier

A probate court is concerned with: * Titles * Bodies * Crimes * Wills

Wills

A dead human body is said to be: * Real property * Quasi-property * Personal property * Actual property

Quasi-Property

A dead human body: * Is subject to replevin * May be sold * Is not property in the real sense * May be held as security

Is not property in the real sense

As a rule, the right of decent disposal beleongs to the: * Next of kin * State * Surviving spouse * Country

Next of Kin

With regard to the dead human body, the courts have adopted a: * Quasi-property theory * Personal property theory * Mixed property theory * Real property theory

Quasi-Property Theory

A surviving spouse may avoid being written out of a wil by invoking: * The statute of descent * The statute of ademption * The inheritance statute * The federal estate statute

The Inheritance Statute

The method of dividing an intestate estate where a class or group of distributees takes the share which their deceased should have been entitled to, and not as so many individuals is distribution. * Per stirpes * Per capita * Ademption * Abatement

Per Stirpes

A person receiving a gift of real estate in a will. * Legatee * Devisee * Executor * Administator

Devisee

Which of the following is not considered to be consanguineous? * A brother * A mother * The wife * A father

The Wife

The person who is the beneficiary of personal property by a will. * Devisee * Legatee * Indorsee * Drawee

Legatee

An oral will stated to a witness. * Formal will * Holographic will * Nuncupative will * Publication

Nuncupative Will

A contract is a legally enforceable agreement between: * Two or more legally competent persons * Two persons of legal age * Two minors * A minor and an adult to perform a legal act

Two or more legally competent persons

Another name for a prosecutor. * Justice of the peace * Marshal * Magistrate * District attorney

District Attorney

The requirement for a valid offer includes which of the following? (more than one answer) 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 (It must appear to be seriously intended, it must be communicated to the offeree)

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 (There must be an offer, there must be acceptance)

Duress is classified according to the nature of the threat as: (more than one answer) 1. Undue influence 2. Physical duress 3. Emotional duress 4. Economic duress

2, 3 and 4 (Physical duress, emotional duress, economic duress)

Parties who aquire rights superior to those of the original owner are known as: * Accpetor in due course * Bearer in due course * Indorsee in due course * Holder in due course

Holder in Due Course

A foreign corporation is one that is chartered in: * The state where it received its initial charter * Another state * Another country * More than one state

Another State

For certain contracts to be enforceable they musy be in writing according to the Statute of Frauds. They include: (more than one answer) 1. Executed bilateral contracts 2. Contracts not to marry 3. Contracts for sales of $500 or more 4. Contracts that can't be completed in one year

3 and 4 (Contracts for sales of $500 or more, Contracts that can't be completed in one year)

A sale is different from a contract to sell in that in a sale: * The mechandise is transferred at a future date. * The title is transferred at a future date * The title and the item are transferred upon completion of the transaction. * There is no difference between the two

The title and the item are transferred upon completion of the transaction

Accord and satisfaction is the agreement made and executed in satisfaction of the rights one has: * as a party to a contract * under Kennedy's Consumer Bill of Rights * from a previous contract * resulting from an existing executory contract

From a previous contract

A crime usually punishable by death or incarceration in a penitentiary for more than one year is a: * Felony * Tort * Misdemeanor * Civil crime

Felony

Damages in excess of those required to compensate the plaintiff fro the wrong done are: * Compensatory * Liquidated * Nominal * Punitive

Punitive

Courts that handle divorce and child custody cases. * Juvenile courts * Probate courts * Domestic relations courts * Criminal courts

Domestic Relations Courts

A punishable offense against society. * Felony * Tort * Crime * Misdemeanor

Crime

For the average citizen, the most important courts of the state court system are: * Appellate courts * Inferior courts * Courts of original general jurisdiction * State supreme courts

Courts of Original General Jurisdiction

A contract in which two or more people individually agree to perform the same obligation. * Several contract * Joint and several contract * Joint contract * Unilateral contract

Several Contract

The power of authority which each court has to hear cases. * Judicial power * Ratification * Forbearance * Jurisdiction

Jurisdiction

A contract in which two or more persons are bound both jointly and individually. * Joint and several contract * Joint contract * Several contract * Unilateral contract

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. * Silent partner * Secret partner * General Partner * Dormant partner

Silent Partner

Courts concerned with deliquent, dependent, and neglected children. * Juvenile courts * Probate courts * Domestic relations courts * Criminal courts

Juvenile Courts

A life insurance policy which continues until the death of the insured. * Whole life * Term * Renewable term * Death policy

Whole Life

Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases. * Appellate courts * Trial courts * Special federal courts * Probate courts

Special Federal Courts

A partnership engaged in the buying and selling of merchandise. * Trading partnership * Unlimited partnership * Limited partnership * Non-trading partnership

Trading Partnership

Failure to exercise reasonable care toward another party. * Negligence * Accident * Carelessness * Mistake

Negligence

An action to recover possession of property unlawfully detained. * Collection * Repossession * Litigation * Replevin

Replevin

The failure to perform with ability and care normally exercised by people in the profession. * Accession * Negligence * Specific performance * Malpractice

Malpractice

Laws designated to prevent one individual or group from controlling too large a share of the market for a product. * Maritime laws * Business laws * Merchant laws * Antitrust laws

Antitrust Laws

Corporations formed by individuals to perform some non-governmental function. * Private corporations * Alien corporations * Foreign corporations * Public corporations

Private Corporations

The recorder in state and federal courts. * Magistrate * Marshal * Bailiff * Clerk

Clerk

A partnership in which one partner's liability is limited to a capital contribution only. * Silent partnership * General partnership * Limited partnership * Nontrading partnership

Limited Partnership

Persons who sign a promissory note and obligate themselves to pay at maturity. * Payees * Makers * Drawers * Holders

Makers

Mortuary Law Compend- Multiple Choice Flashcards

(224 cards)