Mortuary Law & Business Law Practicum II Test

Deceased person's estate

Under the general rule of priority, who is primarily responsible for the expenses of disposing of the body?

Excess interest

Usury is a term which refers to:

Equity

What is right and just refers to:

To interpret and apply the law

What is the function of the courts?

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:

Intestate

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

Forbearance

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

Terms of the contract

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

Negotiable Instruments

Written instruments drawn in special form, which can be transferred from person to person as a substitute for money or as instruments of credit, are called:

A lein

A charge against another's property as security for a debt or claim is:

Joint and several contract

A contract in which two or more persons are bound both jointly and individually is known as a:

Voidable

A contract in which undue influence was proven is considered:

Voidable

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

Voidable

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

Formal

A contract under seal is called:

Felony

A crime usually punishable by death or incarceration in a penitentiary for more than one year is a:

Legatee

A daughter inherits jewelry from her aunt, the daughter is termed to be a:

Quasi Property

A dead human body is said to be:

Check

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

Bequest

A gift of personal property received through a will is a:

Whole life

A life insurance policy which continues until the death of the insured is:

Silent partner

A partner who takes no active part in the management of the business, but who possibly may be known as a partner is a:

Trading partnership

A partnership engaged in the buying and selling of merchandise is a(n):

Limited partnership

A partnership in which one partner's liability is limited to a capital contribution only is a:

A devisee

A person receiving a gift of real estate in a will is:

Executor

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

Tort

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

Wills

A probate court is concerned with:

Abatement

A proportional reduction of a legacy when the funds or assets out of which such legacy are payable or not sufficient to pay it in full is:

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

A sale is different from a contract to sell in that in a sale:

The Inheritance Statute

A surviving spouse may avoid being written out of a will by invoking:

Fiduciary

A term involving a relation of trust or confidence is:

Delegation

A term which means the transfer of one's duty alone without transfer of rights is:

Holographic Will

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

From a previous contract

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

Solvent estate

An estate in which the assets exceed the liabilities is:

A counteroffer

An offer is rejected by:

Nuncupative will

An oral will:

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:

Mutilation

Embalming is a form of:

Negligence

Failure to exercise reasonable care toward another party is known as:

Insolvent Estate

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:

Agency

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

Probate Court

The court having sole jurisdiction over estates is:

Compensatory Damages

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

A pawn

The deposit of tangible personal property as security for some debt or obligation is:

Case Law

The doctrine of stare decisis is concerned with:

Required for all public viewings

The embalming of human remains is:

Ademption

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

Malpractice

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

Performing an unauthorized embalming

The funeral home could be liable for:

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:

Ordinances

The laws of city councils are called:

State legislature

The main source for a funeral service regulation is:

Common Law

The major source of mortuary law is:

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:

Per Stirpes

The method of dividing an intestate estate where a class or a group of distributees take the share which their deceased should have been entitled to, and not as so many individuals is distribution:

Appointment

The most common method of creating an agency is by:

Brain

The most commonly used legal definition of death states that death occurs when this organ ceases to function:

Bailor

The next of kin who delivers the personal effects of the deceased to the funeral director is properly termed a:

Plaintiff

The party who instituted a court action is the:

Offeror

The party who makes the offer is the:

Jurisdiction

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

Eminent Domain

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

Clerk

The recorder in state and federal courts is the:

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

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

Written

The statute of frauds states that for contracts classified under the statute to be enforceable they must be:

Corpse

The term synonymous to a dead body is:

Sale

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

Power of attorney

The written contract of agency

To arraign

To read the charge of an indictment is:

Spoken

Oral contracts are:

Holder in due course

Parties who acquire rights superior to those of the original owner are known as:

False testimony

Perjury is:

Makers

Persons who sign a promissory note and obligate themselves to pay at maturity are called the:

Intangible Personal 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:

Customs

Common law is based on:

Personal property Money Promise of service

Consideration in a contract could be?

Voidable

Contracts in which fraud is proven are considered:

Private corporations

Corporations formed by individuals to perform some non-governmental function are called:

Common Law

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

Punitive

Damages in excess of those required to compensate the plaintiff for the wrong done are:

Replevin

An action to recover possession of property unlawfully detained is:

Codicil

An addition or modification of a will is:

Corporation

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(n):

Usurious

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

Surviving spouse

As a rule, the right of decent disposal belongs to the:

Juvenile courts

Courts concerned with delinquent, dependent, and neglected children are called:

Special federal courts

Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as:

Mutual Agreement Competent Parties Supported by Consideration Lawful Purpose

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

The judge

In the state court, the chief officer is:

Real Property

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

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 one individual or group from controlling a large share of the market for a product are called:

The public

Legally, final disposition must always be made in a manner that is acceptable to: