Mortuary Law

What is replevin?

Action to recover possession of property unlawfully detained

Which of the following could be consideration in a contract?

All of the above

The transfer of ones duty alone without transfer of rights is termed:

delegation

Who is the person receiving a gift of real estate in a will?

devisee

The concept of right and just refers to which of the following?

equity

What is perjury?

false testimony

A medical examiner can order an autopsy to determine cause of death even against the wishes of the:

family

What is a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions?

implied contract

A surviving spouse may avoid being written out of a will by invoking which of the following?

inheritance statute

What type of partnership exists when one partners liability is limited to a capital contribution only?

limited partnership

A family member sues the funeral home for removal of a decedents beard without permission. The funeral homes actions constitute which of the following?

mutilation

A licensed funeral director fails to perform his/her duties with the ability and care normally exercised by people in the profession. What term is used to describe the directors actions?

negligence

When one party fails to exercise reasonable care toward another party, s/he can be charged with which of the following?

negligence

As a rule, who does the right of decent disposal belong to?

next of kin

What is a token award, typically $1.00, used to symbolize vindication of the wrong done to the plaintiff?

nominal damages

What is the term used to describe the party who institutes a court action?

plaintiff

What type of corporations are formed by individuals to perform some non-governmental functions?

private corporations

Which of the following describe oral contracts?

they are spoken

What type of partnership involves parties who are engaged in the buying and selling of merchandise?

trading partnership

When the court awards an injured party a settlement for the exact amount of loss incurred, what type of damage has been award?

Compensatory damages

An agency is terminated by operation of the law if which of the following conditions occur?

Death or incapacity of either principal or agent.

Which of the following is NOT required by the Federal Trade Commission?

Disclosure for restorative work

What term involves relation of trust or confidence?

Fiduciary

What is the term used to describe the conduct of an individual who promises to refrain from doing something?

Forbearance

What is the difference between a contract to sell and a sale?

In a sale the title and the item are transferred upon completion of the transaction.

The estate of a deceased person is unable to pay the debts of the decedent. What term is used to describe this type of estate?

Insolvent estate

What statement is true regarding the embalming of human remains?

It is required for all public services

The requirement for a valid offer includes which of the following?

It must appear to be seriously intended. It must be communicated to the offeree.

Which of the following is synonymous with the term law?

Jurisprudence

Which of the following correctly defines a testator?

Man who makes a valid will

What are 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 instruments

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

U.S. supreme court

What is the term used to describe any rate of interest charged above the maximum rate allowable?

Usurious

The written contract of agency is:

a power of attorney

What is the term for extinction or withdrawal of a legacy by an act equivalent to revocation?

ademption

What is the proper term for a funeral director when s/he has possession of the personal effects of the dead human body?

bailee

What is the term for a draft drawn on a bank and payable on demand?

check

Who is the recorder in state and federal courts?

clerk

What is the term used to describe customs which have come to be recognized by the courts as law

common law

What is the basis for common law?

customs

Which courts are concerned with delinquent, dependent, and neglected children?

Juvenile courts

What is a statute?

Law enacted by the legislature

What is the term used to describe a proportional reduction of a legacy when the funds or assets of said legacy are not sufficient to pay it in full?

abatement

What is the relationship created in a contract between a principal and an agent?

agency

In order to be enforceable, a valid contract must meet which of the following requirements?

all of the above

What laws are designed to prevent one individual or group from controlling too large a share of the market for a product?

antitrust

What is the most common method for creating an agency?

appointment

What term describes the reading of the charge(s) or an indictment?

arragin

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

assignment

What is the proper term for a next of kin who delivers the personal effects of the deceased to the funeral director?

bailor

What is an agreement between two or more competent persons which is enforceable by law?

contract

Who is allowed to authorize disinterment of a dead human body?

coroner or presiding judge

What term describes 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?

corporation

What term is synonymous with dead body?

corpse

Which of the following indicates rejection of an offer?

counteroffer

What is the term used to describe a funeral director who has human remains in his/her care?

custodian

What term describes persons who sign a promissory note and obligate themselves to pay at maturity?

drawers

What type of crime is usually punishable by death or incarceration in a penitentiary for more than one year?

felony

What is the name for a contract under seal?

formal

Accord and satisfaction is an agreement made and executed in satisfaction of the rights one has:

from a previous contract

What is the term for parties who acquire rights superior to those of the original owner?

holder in due course

What type of will is written entirely by the testator with his own hand?

holographic will

What is the term for property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks?

intangible personal property

What is the function of the courts?

interpret and apply the law

What is the term used to describe a person who dies without a will?

intestate

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

joint and several contract

What type of contract involves two or more persons bound both jointly and individually?

joint and several contract

Who is the chief officer in the state court?

judge

What is the term used to describe the decision of a court?

judgement

What term describes the power or authority each court has to hear cases?

judicial power

What term describes a daughter her inherits jewelry from her aunt?

legatee

What is a charge against anothers property as security for a debt or claim?

lien

The right of disposal sometimes means the individual is:

not obligated to pay the funeral expenses.

What is the term for an oral will, dictated by testator during last illness before appropriate witnesses, used to dispose of personal property which is afterwards reduced to writing?

nuncupative

What is the term for an expressed willingness from a person to enter into a contractual agreement?

offer

What is the term used to describe the method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as so many individuals?

per stripes

Which of the following could be considered mutilation?

performing restorative art prior without notice

What is the deposit of tangible personal property as security for some debt or obligation?

pledge

What is an unconditional written promise made by one person to another, signed by the maker, engaging to pay on demand or at a fixed future time, a sum of certain in money to order or to bearer?

promissory note

What type of property is a dead human body considered?

quasi

Land, timber, minerals, buildings, and other man made property permanently attached to the land are termed:

real property

What is an action to recover possession of property unlawfully detained?

replevin

What term describes an action taken to recover possession of property that was unlawfully detained?

replevin

The transfer of title to good from the seller to the buyer for a consideration called the price is a:

sale

What type of partner has no voting rights and takes no active role in the management of the business?

silent partner

What type of estate exists when the assets exceed the liabilities?

solvent estate

Which court has exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases?

special federal court

Which individual would have primary right to control final disposition of a deceased person?

surviving spouse

Which of the following is a mistake that does NOT render an agreement defective?

terms of contract

A person who is not of sound mind enters into a contract. The individual has not been declared insane judicially. What type of contract is this?

voidable

What type of contract may be set aside by at least one of the parties?

voidable

An individual has a life insurance policy that continues until death. What type of policy does this individual hold?

whole life

Contracts must be _____ to be classified as enforceable under the Statute of Frauds?

written

Which of the following can the funeral home be held liable for?

Performance of an unauthorized embalming

Mortuary law is expressed in which of the following terms?

Statutes, ordinances, and case law

Who is the administrator of a will?

The person appointed by the court to carry out terms of the will

Which of the following is the correct definition of estate?

The property of the deceased person, both real and/or personal.

What is the law of the land in the United States?

U.S. constituition