Funeral Service Law & Ethics 1 Practice Quizzes
In a situation where an injured party in an accident is partly to blame for the accident, which of the following is most likely to be true under a contributory negligence system?
The injured party cannot recover any damages because it is partially negligent in the case.
An offeree's inquiry about the terms of an offer that differ from the offeror's terms will have what effect?
The inquiry will not reject the offer, and if the offeror says no, the original offer may still be excepted if it has not been revoked
If a minor contracts for necessary, the minors liability is quasi contractual in nature. This means that
The minor is not required to pay the contract price, but will be required to pay a reasonable amount to avoid unjust enrichment
Which of the following conditions is a prerequisite for any agreement to be legally enforceable?
The parties entering into the agreement must have the mental capacity to contract
Which of the following is true of state trial courts?
They handle cases that are first instituted in them
Which of the following is true of special federal courts?
They have jurisdiction limited by Congress
What is the chief function of the courts?
They interpret and apply the law from whatever source to a given situation
When parties to a contract, mutually agreed to cancel an old contract and replace it with a new one, which of the following is true?
To be enforceable, there must be added features in the new contract benefiting both parties
T/F A false statement made in the belief that it is true is known as innocent misrepresentation
True
T/F Administrative agencies primarily set policy through the issuance of rules and regulations
True
T/F All agreements are contracts
True
T/F An offer that does not specify, a particular manner of acceptance may be accepted in any manner reasonable under the circumstances
True
T/F Appellate courts include courts of appeals and Supreme Court
True
T/F Consideration, distinguishes minor agreements from legally enforceable obligations
True
T/F Each state is part of the federal court system and has a state court system
True
T/F Generally, a part payment of a past due debt, is not consideration to support the creditors promise to cancel the balance of the debt.
True
T/F If the supposed consideration consist merely of a promise to do what one is already legally obligated to do consideration is invalid
True
T/F Silence constitutes acceptance to an offer, if it is reasonable, and consideration of previous dealings, that the offeree to notify the offeror of nonacceptance
True
T/F Statutes are easier to amend than constitutions
True
T/F The US Supreme Court is the highest tribunal in the land, and its decisions are binding on all other courts
True
T/F The doctrine of strict liability can make the manufacturer of a dangerously defective product liable, even if there's no proof of negligence
True
T/F The promise or obligation of each party to a contract, must be supported by consideration in order for the contract to be valid
True
T/F a donee beneficiary is one to whom the promisee owes no duty but for whom performance is a gift
True
T/F a minor, upon reaching the age of majority, must ratify non-or all parts of a contract
True
T/F according to the statute of frauds, and agreement to sell goods for $500 or more must be in writing
True
T/F advertisements in catalogs are examples of general invitations
True
T/F an offer expresses the willingness of the offeror to enter into a contractual agreement
True
T/F if after an offer has been made, the performance of the contract becomes illegal, the offer is terminated
True
T/F if the intended acceptance varies or qualifies as an offer, the counter offer rejects the original offer under the common law
True
T/F one may have rights and obligations imposed by law even one no real contract exists
True
T/F ordinarily for a mistake to invalidate a contract. The mistake must be a mutual one about a material fact.
True
T/F the legal term for one party, benefiting unfairly at the expense of another, is unjust enrichment
True
T/F when a contract is required to be sealed, a substitute for an actual seal may be used
True
A written request to a court to settle a dispute is called a
complaint or petition
Which of the following is most likely to be a tort based on negligence ?
Automobile accident
The --------- consists of the ten amendments to the U.S constitution specifically designed to protect the civil rights and liberties of citizens and the states
Bill of Rights
Bre and Ari sign a contract in which Bre agrees to pay a certain price and buy Ari's house. Later Bre's brother states that Bre often has intervals of delusions, and hence the contract is invalid, because it has been made by an incompetent person. Bre has not been declared by the court as insane. In such scenario, according to law, which of the following will entitle Ari to the price agreed upon in the contract?
Bre was in a sane frame of mind and understood the contract when she signed it
The failure of a party to perform the obligations assumed under a contract is known as a
Breach of contract
A ———— contract must be in a special form or be created in a certain way
Formal
Which of the following is true of the United States Supreme Court?
It has appellate jurisdiction in cases based on the US Constitution
Which of the following best describes the term consideration
It indicates what the promisor demands, and receives as the price for a promise
What is Statue of Frauds ?
It is a law requiring certain contracts to be put in writing
Which of the following is true of a binding contract?
It is created when an offeree accepts an offer that has been properly communicated
Which of the following is true of a valid offer?
It is seriously intended.
Which of the following is true of quasi contracts?
It prevents the unjust enrichment of a party.
Which of the following is true of undue influence
It refers to a person in a special relationship causing another's action contrary to free will.
Which of the following is true of the doctrine of promissory estoppel?
It requires the promisor to reasonably expect the promise to induce action by the promisee.
A ------- is a court decision that determines the decisions in a subsequent, similar case
precedent
The legal rate of interest is a rate:
that is applied when no rate is specified
To recover for a tort based on negligence, the plaintiff must show
the breach of the tortfeasor duty to the injured party
Which of the following types of agreements according to the statue of frauds need to be in writing?
An agreement containing a promise and consideration of marriage
What is the difference between an agreement and a contract?
An agreement results whenever two people's minds meet on a subject, but a contract only exists when the parties intend to be legally obligated by the terms of the agreement.
T/F if a druggist sells morphine to one who does not have a prescription, a suit to collect the price would be successful
False
Which of the following is an example of a contract contrary to public policy?
A agrees to appoint B as sheriff, provided he helps him win the local elections.
What precaution can a business person take one contracting with a minor?
A business person can require an adult to join the contract as a cosigner
Which of the following constitutes valid consideration
A promise to refrain from doing an act that can be lawfully done
Which of the following is not a true contract, and has been imposed by law in order to prevent one party, benefiting unfairly at another's expense
A quasi contract
What is an example of administrative law?
A rule promulgated by a board of funeral directors and embalmers
As a general rule, a promise must be supported by consideration. Which of the following is an exception to the rule?
An obligation of record such as judgment
Which of the following statements is true of common law ?
Cases in common law are decided on the basis of precedents
Which disclosure is required on the statement a funeral goods and services selected?
Cash advances
Which of the following best describes the difference between civil law and criminal law ?
Civil law deals with the enforcement or protection of private rights, whereas criminal law deals with offenses against society
An offeree's response that rejects an offer by varying it's terms is known as a
Counteroffer
———— is a means of destroying another's free will buy one party, obtaining consent to a contract as a result of a wrongful threat to do the other person or family members some harm
Duress
Judy promises to pay Ashley $50 to babysit her children. After Ashley babysits the children, Judy pays Ashley the 50; does each party has completed performance of each part of the contract. This is an example of a.
Executed contract
T/F performing or promising to perform what one is already obligated to do is a valid consideration
False
T/F ratification to a contract can be made any time before reaching majority
False
T/F the courts will generally still allow a wrongdoer to enforce a contract against an innocent party
False
T/F the mailbox rule does not apply in situations where the offeror does not receive the acceptance
False
T/F to recover damages for an intentional tort, the plaintiff is required to prove that there was a breach of duty by the tortfeasor to the plaintiff
False
T/F when one party wrongly threatens to injure another person physically in order to get agreement to a contract, economic duress occurs
False
T/F A contract is void if parties to a contract are mutually mistaken about their expectations
False
T/F A court that reviews the decisions of a lower court is called a trial court
False
T/F A person who sells alcoholic beverages to a minor ones such a sale is prohibited, can recover on the contract
False
T/F A promise to steal a valuable piece of art is valid consideration to support a contract
False
T/F An offer made in jest that does not appear to be seriously intended to an offeree is considered a valid offer
False
T/F Contracts, which are designated to limit competition are acceptable by law
False
T/F Estate administrative agency affects businesses throughout this country
False
T/F If an adult purchases personal property from a minor, the minor has only a voidable title to the property
False
T/F Laws made by an administrative agency, like a state board of funeral directors and embalmers, are classified as statutes.
False
T/F Mistakes such as duress and undue influence render contracts void.
False
T/F The law considers everyone under the age of 21 to be a minor
False
T/F The law states that a unilateral contract can be formed when performance is started
False
T/F a common law, individuals other than the parties to a contract can sue upon or seek to enforce the contract
False
T/F a list of real property for less than one year must be in writing in order to be binding
False
T/F all contracts must be in writing to be enforceable
False
T/F as a general rule, unilateral mistake, made at the time of contracting, has an effect on the validity of a contract
False
T/F for a promise to constitute consideration, the promise must not impose an obligation on the person making it
False
When one refrains or promises to refrain from doing some thing, this contact is known as
Forbearance
Ryan, a college student, intends to sell his car. He contacts is friend Lewis and inquires whether he is interested in buying the car. Louis finds the quoted price reasonable and buys a car from Ryan. In this scenario, Ryan is the ———
Offeror
When must a general price list be given to the consumer for retention?
One beginning a face-to-face discussion about funeral goods and services
How long was he GPL that is no longer in use be kept by the funeral home?
One year after the date it was last distributed
Which item is required to appear on the GPL?
Other preparation
The term disaffirmation refers to
The election to avoid a contract, or set it aside
Brandon aged sixteen, sells his car to Reese aged 49. Reese sells the car to Sarah an innocent, third-party, before Brandon can disaffirm the contract. In this case, which of the following will hold true?
Sarah can obtain good title to the property
Which of the following is true of appeals made to higher courts?
The decision of the appellate court is binding on lower courts
A contract must be for a lawful purpose, which must be achieved in a lawful manner, otherwise the contract is
Void
Contracts made by people who have become intoxicated that they cannot understand the meaning of their acts are:
Voidable
An executory contract is defined as
a contract in which the terms have not been fully carried out by all parties.
T/F If a decision of an administrative agency conflicts with a statue enacted by a higher legislative body, the agency decision will prevail/
false
