Mortuary Law and Business Law

Intestate

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

a summons

a process may be referred to as

Holographic Will

A will written entirely by the testator with his own hand is properly termed a

gratuitous bailment

bailment in which the bailee does not receive any compensation is

spoken

oral contracts are

U.S. Constitution

the law of the land in the United States is the

ordinances

the laws of city councils are called

corpse

the term synonymous to a dead body is

breach of contract

the violation of the terms of a contract is referred to as

Excess interest

usury is a term which refers to

Replevin

an action to recover possession of property unlawfully detained is

Bailor

in a bailment, the person who retains title but gives up possession of the goods is the

ordinances

laws passed by local governments are

anti-trust laws

laws that are designed to protect or prevent any individual from controlling a large share of a market or products are

Caveat emptor means

let the buyer beware

agency

the contract between a principal and an agent creates a relationship called

Compensatory Damages

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

verdict

the decision of a jury is the

Case Law

the doctrine of stare decisis is concerned with

Malpractice

the failure to perform with ability and care normally exercised by people in the profession is known as

Concealment

the failure to volunteer or reveal information not requested is termed

written contracts

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

State Supreme Court

The highest court of a state is the

The Federal Claims Act

The right to sue the federal government is derived from

rescind

to cancel or annul or avoid a contract is to

consanguinity

a term for blood kin is

codicil

an addition or modification of a will is known as a

Common Carrier

a carrier that transports goods or persons for a fee for all who apply for the services and without discrimination is called a

several contract

a contract in which two or more people individually agree to perform the same obligation is called a

Voidable

a contract in which undue influence was proven is considered

void

a contract made by a legally declared insane person is

an agreement

a contract must always be

formal

a contract under seal is called

valid

a contract which is enforcable by the courts is

underwriter

another term for the insurer is

property

anything that may be owned, possessed, used, or disposed of for a price is called

Slander

defamation of character by spoken words or gestures is

commission merchants

factors del credere are

torts

generally, a minor is fully liable for his/her

Statutes

laws enacted by legislative bodies are

customs

common law is based on

tangible personal property

personal property that can be seen and touched is

Equity

what is right and just refers to

Common Law

customs which have come to be recognized by the courts as law describes

children of legal age

Of the following, under normal circumstances, the one(s) having the primary right to control final disposition of a deceased person is

an acceptance

When a buyer takes actual possession of goods which have been offered for sale, this action is called

custodian

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

Actual custody

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

An injunction

a permanent order, issued by a court, forbidding activities which would be detrimental to others is

administrator

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

Testator

a person who dies leaving a valid will is called a

executor

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

compensation

a principal owes which of the following duties to the agent?

tort

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

a restraining order

a temporary order forbidding a certain action is

Fiduciary

a term involving a relation of trust or confidence is

Personal Property

all physical items that are not real property are classified as

Negligence

failure to exercise reasonable care toward another party is known as

perjury is

false testimony

Administrative Law

orders and decrees from governmental agencies which have the force of law is considered

a cashiers check

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 is called

illegal

Price fixing agreements are

contract rate

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

law

rules of civil conduct commanding what is right and prohibiting what is wrong defines

clerk

the recorder in state and federal courts is the

to arraign

to read the charge of an indictment is

a material fact

The term which means a fact that could alter one's decision to enter into a legal binding contract is

Jurisdiction

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

Jurisdiction

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

usurious

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

void

a contract that is of no legal effect is

executed

a contract whose terms have been fully carried out is

Loyalty and good faith

an agent owes which of the following duties to his principal

spoken words

parol evidence is

maker of the note

the person who signs a promissory note and is obligated to pay at maturity is called the

eminent domain

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

Dividends

the profits of a corporation belong to the corporation until set aside by the directors for distribution as

Disaffirmance

the right a minor has to avoid a contract is termed

An easement

the right that one person has to use the property of another for a special purpose is known as

board of directors

the right to declare dividends depends upon the discretion of the

Statue of Frauds

the statue listing certain classes of contracts which must be in writing to be enforcable is called the

an oral will

A nuncupative will is

a private carrier

A carrier owned by a shipper for the purpose of shipping its own goods is

Disaffirmance

The election to void a contract is called

U.S. Supreme Court

the highest court of the land in the United States is the

Common Law

the major source of mortuary law is

Stockholders

the owners of a corporation are known as

Plaintiff

the party who institutes a court action is the

Offeror

the party who makes the offer is the

policy holder

the person protected against a loss is the

forbearance

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

tort

when the duty of care that a motorist owes other motorists and pedestrians is breached and results in injury or damage to another, that motorist has committed a

1, 2, 3, and 4

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

beneficiary

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

a trial court

a court of original general jurisdiction is

cadaver

a dead human body used for anatomical study is a

a constitution

a document which defines the relationship of the government itself and of its citizens is

check

a draft drawn on a bank and payable on demand is a

a writ

a formal written command issued by a court of law

bequest

a gift of personal property received through a will is a