Business & Mortuary Law

Libel

A defamatory statement that is recorded on a video cassette is considere be?

Promissory note

A negotiable instrument containing a promise to pay.

Gratuitous Promise

A person who makes a promise without requiring some benefit in return is making a _____________.

Tort

A private or civil wrong, other than breech of contract, for which there may be action for damages.

Tort

A private wrong that causes injury to another person's physical well being, property or reputation is a _________________.

Barren Promise

A promise to do something that one is already required to do either by law or by contract is?

Offer

A proposal to make a contract.

Fraud

Albert intentionally told Donald that his 1996 Suburban had 25,000 miles on it when in fact he had had the odometer turned back from 50,000 miles. Albert would guilty of ______________.

English Common Law

American Jurisprudence is based upon?

Contract

An agreement between two or more competent parties which is enforceable by law.

Void contract

An agreement of no legal effect.

Common Law

Customs which have become recognized by the courts as binding on the community.

Burglary

Danny was living with Lisa, whom he threw out of his apartment due to mental abuse. Lisa entered the apartment after nightfall and took Danny's little black book which had all of his telephone numbers in it. Lisa is arrested and charged with?

Negligence

Failure to exercise ordinary care; omission to do something which is reasonable prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care.

I & II & III

Generally, State & Federal Governments are divided into 3 Branches which are? I Executive II Judicial III Legislative IV Administrative

Warranty

Guarantee made by a seller that an article, good or service will conform to a certain standard or will operate in a certain manner.

Conversion

One is guilty of a _____________ when he interferes with the enjoyment of someone's personal property.

Independent contractor

One who contracts to perform certain tasks for a set free, but who is independent of the control of the contracting party as to a means by which the contract is executed, except for specifications established in the contract.

Plaintiff

One who initiates a civil action.

Consignor

One who ships goods by common carrier.

Usurious

Rate of interest which exceeds the maximum that is allowed.

Beneficiary

Recipient of the proceeds of a life insurance policy; one who inherits property specified in a will.

UCC- Uniform Commercial Code

Recognized as the most important statute in business law, it includes provisions which regulate certain sales of goods and negotiable instruments.

False

T/F A Voidable contract is an agreement that lacks one or more of the essential elements of a contract.

False

T/F A dead human body is considered to be Personal Property?

True

T/F A dead human body is considered to be Quasi-Property?

True

T/F A violation of a private wrong is a tort.

True

T/F Administrative rules that are adopted by administrative agencies have the same force and effect as statutes.

True

T/F All consideration has a value.

True

T/F An oral contract is valid?

False

T/F Consideration, as used in a contract, ALWAYS consists of the exchange of currency for goods.

True

T/F Funeral goods that are sold by the funeral home carry an implied warranty of merchantability.

True

T/F Generally speaking Funeral Directors are not liable for warranties made by manufacturers.

False

T/F Generally speaking when a bailment has been created the bailor must return the identical goods which were placed in his or her care.

True

T/F If a law is found to be contrary to the US Constitution the law is said to be unconstitutional.

False

T/F In a situation in which a bailment exists the person who transfers possession of goods is the bailee and the person who receives the property is the bailor.

True

T/F In addition to the District Court, Circuit Court and the Supreme Court there are specialized courts in the Federal Judiciary System?

True

T/F Merchandise which the funeral home sells such as caskets and funeral clothes are sold with a Warranty of Merchantability.

False

T/F One of the main characteristics of a Bailment is the fact that both possession and ownership are transferred?

False

T/F Punitive Damages are damages which are awarded to Compensate the Plaintiff for damages which were incurred.

True

T/F Rules that are adopted by Administrative agencies have the same force and effect as Statutes and Ordinances?

False

T/F The Department of Administration is a division of government that comes under the Chief Justice of the Courts.

True

T/F The Funeral Home has actual possession of a dead human body.

False

T/F The Funeral Home has constructive possession of a dead human body.

True

T/F The Magnuson Moss Act requires that warranties must be labeled 'full' or 'limited.'

True

T/F The Magnuson-Moss Warranty Act allows Funeral Homes (sellers of merchandise) to disclaim warranties if the seller does it by using specific language that is presented to consumers in a clear and conspicuous manner.

True

T/F The Magnuson-Moss Warranty Act is a federal statute which governs both express and implied warranties.

False

T/F The Magnuson-Moss Warranty Act is a federal statute which governs only express warranties.

False

T/F The Standard of Care that one must follow when there is a Bailment for the Benefit of the Bailee is slight care.

False

T/F The Standard of Care that one must follow when there is a Bailment for the Benefit of the Bailor is that of great extraordinary care. True

True

T/F The Standard of Care that one must follow when there is a Bailment for the Benefit of the Bailor is that of slight care.

False

T/F The courts of the United States consider a dead human body to be property and the next-of-kin may sell the organs.

True

T/F The difference between Fraud and Innocent Misrepresentation is intent?

True

T/F The difference between Real Property and Personal Property is the permanency of the real property versus the portability of the personal property

False

T/F The next-of-kin has actual possession of a dead human body.

True

T/F The next-of-kin has constructive possession of a dead human body.

False

T/F The parties to a bailment are the assignor and the assignee.

False

T/F When a bailment is made the owner of the property transfers ownership of the goods to the bailee.

True

T/F When goods are involved in a Bailment the owner of the goods expects to receive the same goods back at the termination of the bailment.

Receiving a commission on the sale of personal property

T/F Which one of the following situations DOES NOT create a bailment? Clothing placed for sale on consignment Leaving one's car at a garage for repairs Receiving a commission on the sale of personal property Renting a Hertz Rent a car while on vacation

Consideration

That which the promisor demands and receives as the price for a promise.

Case Law

The Doctrine of Stare Decisis is concerned with:

Drawer

The person who executes a draft.

Stare decisis

The principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future.

Hijacking

The stealing of a vehicle while in transit is?

Tort

The violation of a private wrong that causes injury to another person's physical well being, property or reputation is?

Embalming

Warranties may cover all of the following except: Caskets Vaults Embalming Hearses

Burglary

What is the term to describe breaking into and entering another person's property in the night with the intent to commit a felony or to steal property of value?

Unconscionable

When a contract is regarded as shockingly unjust or unfair it is termed?

Undue Influence

When a person has the power to control the actions of another because of a special or confidential relationship and uses that power improperly, which of the following exists.

Great Extraordinary Care

When there is a Bailment for the benefit of the Bailee what type of care is required?

I & III

Which 2 crimes REQUIRE the participation of 2 persons? I Extortion II Embezzlement III Bribery IV Kidnapping

Spouse

Which individual has the highest right to decide on the disposition of their loved one.

I & IV

Which of the following defenses are used for slander and libel cases. I Truth II Contributory Negligence III Comparative Negligence IV Privilege

Board of Funeral Directors

Which one of the following IS an Administrative Agency? Governor's Office Board of Funeral Directors Supreme Court House of Representatives

In-ground swimming pool

Which one of the following items WOULD NOT be involved in the Tort of Conversion?

statutes

Laws which are enacted by legislative bodies.

Bailment for the sole benefit of the bailor

Margie was going on vacation and she asked Jeremy if she could leave her jewelry with him because she did not want to leave it at home. This bailment is a: Bailment for the sole benefit of the bailee Bailment for the sole benefit of the bailor Mutual benefit bailment Constructive Bailment

Federal District Court

Marjorie sued her employer in Federal Court alleging violations of the Equal Employment Law and requested a trial. In which of the Federal Courts did Marjorie file her lawsuit?

Wife

Max, a widower, who remarried Agnes when he was 80 years old. At the age of 85 years Max died survived by Agnes, 3 adult children from his marriage, 3 siblings and 9 Grandchildren. Who is in charge of the funeral arrangements?

Divisible Contract

Mona entered into a valid contract with Mortimer. The contract was signed on May 1, 1999 and required that Mona clean Mortimer's office twice a month on the 1st and 15th of each month beginning on June 1st and concluding December 31, 1999. What is this contract called?

Mutual benefit bailment

A bailment in which consideration is present is?

Bill of lading

Contract existing between the consignor and the carrier.

Executed contract

Contracts in which the terms have been fulfilled.

Constructive Bailment

If a guest in your home unintentionally leaves her wallet, what kind of a bailment, if any would be created?

Undue Influence

Improper influence that is asserted by one dominant person over another, without the threat of harm.

Conversion

Jason stole Jerome's car and was charged with Grand Theft auto. What tort, if any, would Jason be charged with?

Real property

Land and those objects permanently attached to the land.

Business Law

Law that is primarily concerned with rules of conduct involving financial transactions between individuals or legal entities is called?

Public Nuisance

The John's Manville Co. had their asbestos plant located in the middle of Manville, NJ. The company poured its poisonous waste into the town's water supply. The City of Manville sued the Company alleging several violations of the environmental law and of what tort?

Bribery

The Ramrod Corporation, a major construction company, was planning on building a 1,000,000 square foot mall in River City. In order for the Corporation to build the mall it needed to acquire several zoning approvals. These approvals were being considered by the River City Zoning Board. James Ramrod, President, spoke to the members of the Board and he was very confident that 9 of the members would vote in his favor. The questionable Board Member was Margaret Honest. Mr. Raymond approached Ms. Honest and offered to build a swimming pool for her, if she agreed to vote for his proposal. Ms. Honest agreed to the plan. What charges, if any, can be brought against Mr. Ramrod and Ms. Honest?

Revocation

The annulment or cancellation of an instrument, act or promise by one doing or making the offer.

Jurisdiction

The authority a court has to hear cases is called its: Forbearances Disaffirmance Jurisdiction Judicial Power Eminent Domain

Implied Power

The authority found in the US Constitution that gives Congress the power to regulate Space travel is?

Express Power

The authority found in the US Constitution to deal with matters concerning Bankruptcy is?

Larceny

The broad term that includes most types of theft is?

Bailment

Transfer of possession, but not the title, of personal property by one party or another, under agreement.