Mortuary & Business Law Compend

forbearance

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

Equity

What is right and just refers to

intestate

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

Statute of Limitations

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 fLxed by a statute which is called

Terms of the contract

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

Juvenile court

Which of the following is not a type of inferior state court?

Placed in the mail by the offeree

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

Constitution

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

an appellate court

A federal court of appeals is

A Writ

A formal written command issued by a court of Jaw

intent

A newspaper advertisement can be an offer if it shows

An injunction is a

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

a minor

A person below the adult age is

tort

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

Summons

A process may be referred to as

abatement

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 is

Ratification

A restatement of one's willingness to be bound by his promises made during minority is called

a restraining order

A temporary order forbidding a certain action is

Fiduciary

A term involving a relation of trust or confidence is

Holographic Will

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

Insolvent Estate

Tbe 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

agency

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

the probate court

The court having sole jurisdiction over estates is

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

Case Law

The doctrine of stare decisis is concerned with

State Supreme Court

The highest court of a state is the

contract rate

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

assignment

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

board of directors

The right to declare dividends depends upon the discretion of the

rescind

To cancel or annul or avoid a contract is to

purgery

false testimony under oath

Negligence

A breach of the duty of care one individual has toward others is called

Executory

A contract in which the terms have not been fully performed by all the parties is said to be

Voidable

A contract in which undue influence was proven is considered

void

A contract made by a legally declared insane person is

valid

A contract made by a person who is intoxicated, but aware of the consequences of his/her actions is

Voidable

A contract made by a person who is so intoxicated as to be unaware of the consequences is

Voidable

A contract made by an insane person who has not been declared so judicially is

Judicially declared insane person

A contract made with which of these people would be considered void?

void

A contract that is of no legal effect is

Voidable

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

formal

A contract under seal is called

valid

A contract which is enforceable by the courts is

entity

A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(an)

a trial court

A court of original general jurisdiction is

check

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

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

will

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

an offer

An expressed willingness from a person to enter into a contractual agreement is

promissory note

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 certain in money to order or to bearer is a

Slander

Defamation of character by spoken words or gestures is

verdict

The decision of a jury is the

Disaffirmance

The election to void a contract is called

Ademption

The extinction or withdrawal of a legacy by an act equivalent to revocation is called

Concealment

The failure to volunteer or reveal information not requested is termed

Probate

The filing and proving of the will following death is called

U.S. Supreme Court

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

U.S. Constitution

The law of the land in the United States is the

Tort Law

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is

ordinances

The laws of city councils are called

stockholders

The owners of a corporation are known as

Plaintiff

The party who institutes a court action is the

jurisdiction

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

dividends

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

the Federal Claims act

The right to sue the federal government is derived from

Statute of Frauds

The statute listing certain classes of contracts which must be in writing to be enforceable is called the

Novation

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

arraign/arraignment

To read the charge of an indictment is

Consideration

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

Actual custody

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

custodian

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

bailee

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

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

negotiable instruments

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, are called

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

fraud

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

administrative law

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

spoken words

Parol evidence is

tangible personal property

Personal property which can be seen and touched is

intangible property

Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks, are

law

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

England

Common law developed in

Customs

Common law is based on

Common Law

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

Personal Property

All physical items that are not real property are classified as

codicil

An addition or modification of a will is known as a

corperation

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 is a(an)

usurious

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

property

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

void

Mutual mistakes as to the existence of the subject matter renders a contract

1. Mutual agreement 2. Competent parties 3. Supported by consideration 4. Lawful purpose

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

Uniform Commercial Code (UCC)

In the field of business law, the most important statute is

The Judge

In the state court, the chief officer is

Real Property

Land, timber, minerals, buildings, and other manmade property permanently attached to land are called

Business Law

Law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is

Statutes

Laws enacted by legislative bodies are

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