Mortuary Law and Business Law

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Endowment life insurance

" " allows the insured, rather than the beneficiary, to collect the face value of the policy upon maturity or to collect that value in annual payments.

Term Life Insurance

" " has no cash value whenever the policy expires.

Key person life insurance

" " protects a firm against losses due to the death of a key employee.

life insurance

" " provides death benefits to the survivors of the insured.

2, 3 and 4

Types of endorsements include which of the following? 1-Open, 2-Special, 3-Qualified, 4-Restrictive

mutilation

Unauthorized embalming may be viewed by the courts as which type of violation?

2 and 4 only

Under the ADA (Americans with Disabilities Act), when a death is due to HIV (AIDS), the funeral home may: 2-Have a public viewing 4-Have a private service

capital stock

declared value of outstanding stock

foreign corporation

designation that applies when a corporation operates in any state other than where it is chartered

articles of incorporation

document stating facts about corporation required by law and for issuance of a charter

4. A personal representative of the dependent appointed in the will to cary out the provisions of the will is called

executor

commission

Federal Trade Commission

17. A term involving a relation of trust or confidence is

Fiduciary

Bloodborne pathogens

Funeral homes are required to provide specific training, protective clothing, and a vaccination against Hepatitis B under which of the OSHA standards?

voidable

If an individual was intoxicated when the contractual portion of the Statement of Funeral Goods and Services Selected was signed, the contact is:

corpse

In Mortuary Law, the term "dead human body" is synonymous with:

judge

In a state court of original jurisdiction, the chief officer is the:

Fiduciary

In law, a relationship of trust is expressed by the term :

10%

Insiders include officers, directors, or owners of more than percent of stock or any other class of securities of a corporation.

liability insurance

Insurance that covers business liability to customers and others who might be injured from the product sold to them is called

Casualty Insurance

Insurance that provides monetary benefits to a business that has experienced an unforeseen peril such as flood, fire, etc.

3. A person appointed by the court to oversee the estate of an intestate is called

administrator

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

bailee

9. An addition or modification of a will is known as a

codicil

19. the maximum amount of interest that may be charged is called the

contract rate

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

custodian

binder

temporary contract of insurance

8. A person who dies leaving a valid will is called a

testator

Premium

the consideration paid by insured for a policy

5. The right to sue the federal government is derived from

the federal claims act

face

the maximum amount insurer pays for loss

sale

the passing of title from the seller to the buyer for a price

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

tort

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

usurious

13. A contract which is enforceable by the courts is

valid

11. A contract that is of no legal effect is

void

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

void

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

voidable

22. A contract in which undue influence was proven is considered

voidable

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

will

25. In order to be enforceable, a valid contract must meet which of the following requirements? 1. Mutual agreement 2. Competent parties 3. Supported by consideration 4. Lawful purpose

1, 2, 3 and 4

Sole Proprietorship

A business owned by one person

Cashier's Check

A check that a bank draws on its own funds and is signed by a responsible bank official is called:

an option

A contract to keep an offer open for a specific period of time supported by consideration is called:

promissory note

A family with a funeral bill wants to pay by a means other than cash. They need to negotiate with what document?

return the overpayment immediately

A funeral director submits a bill for his services for $7500. The estate's administrator sends a check for $8500.How should the funeral home handle the overpayment?

risk

A is a danger or loss from which the insured is protected, according to contracts terms.

Assignment of proceeds

A legal instrument authorizing payment of insurance funds for funeral expenses to a funeral home is a(n):

Consult an attorney

A legal will states that all real and personal property is to be divided equally among all the deceased's children. The funeral director should tell the family to:

Offeror

A person who makes an offer.

Ratification

A restatement of an adults willingness to be bound by a promise made during minority is known as:

Escrow

A written agreement, such as a deed, is delivered to a third person. That person is to deliver it to another person only on performance of a specific action by the person. This type of agreement is known as:

joint venture

A(n) is a business relationship similar to partnership, except existing only for a single transaction.

fraud

An intentional statement of false facts upon which an injured party relied in decision to enter into a contract, to their detriment is:

a person

Any individual, partnership, corporation, association, government or governmental subdivision or agency or other entity:

Customs and practices enforced by the courts

Common law is best described as:

1, 2 and 3 only

Consideration in a contract could be: 1-Personal property, 2-Money, 3-A promise of service, 4-A promise to refrain from doing an illegal act.

A wrong against the public as a whole

Criminal law is concerned with:

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

Executory

fixture

Personal property permanently attached to land is known as:

1, 3, and 4 only

Requirements for a valid offer must: 1-Include a specific time duration 3-Be definite 4-Be seriously intended

mortuary law

The branch of the law which deals with the rules of conduct and actions governing a mortician during his legal relations with the public is called:

does not cause a change in the corporation

The death of a shareholder owning 1 % of a company:

needs assessment

The first step to the ADA complacent is the creation of a answer

duress

The method of removing ones free will in making a decision by threats to do physical harm to the person, his family, or property

quorum

The minimum number of shares required to be represented to lawfully transact business is termed

triggering events

The occurrence of situations that require certain actions:

Assignee

The party to whom a contract is assigned is called the:

Right by estoppel

The right to purchase new shares in proportion to shares owned is termed

executed

The term that is used when all the terms of a contract have been fully performed by the contracting parties is:

punitive

What type of damages pay over and above the actual loss:

1 and 3 only

When two or more persons enter into a contract with one or more other persons, the contract may be: 1-Joint 2-Collective 3-Several 4-Conditiona

limited liability

Which is NOT a characteristic of a general partnership?

1,2,3 4

Which of the following terms are associated w filing suit in a civil action: 1-discovery, 2-process, 3-petition, 4-answer

conditional sale

Which of the following terms describes a sale in which the buyer (so long as the buyer is not in default) has a right to possession before payment in full is made ?

board of directors

a body of persons elected by the stockholders to define and establish corporate policy, to act on behalf of the corporation, and to carry out the boards policies

Executory

a contract that has not been fully performed on either side (all parties)

option

a contract to keep an offer open for a specific period of time supported by consideration

summons

a notice of complaint given to a defendant defining the complaint and a time frame in which an answer must be received is:

Plaintiff

a person who brings an action in court is the:

Libel

false statements made in writing for the purpose of injuring the reputation of another constitute is:

26. A contract under seal is called

formal

15. 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

fraud

valid

in order for a contract to be enforced by the courts

General Liability Insurance

insurance covering business liability to customers who might be injured on or off premises or from the product sold to them

Product Liability Insurance

insurance that protects a firm against claims that its product caused bodily injury or property damage to the user

7. When a person dies without a will, he is said to be

intestate

Rider

is an addition to the insurance policy to modify, extend, or limit base policy

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

jurisdiction

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

negligence

Alien Corporation

one that is incorporated in a foreign country

domestic corporation

operates in the state that granted the charter

23. The laws of city councils are called

ordinances

assignor

party who assigns a contract is the

agent

party who sales a contract for another

14. You receive an offer in the mail containing no stipulations as to the acceptance, and you decide to return your acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is

placed in the mail by the offeree

10. The filing and proving of the following death is called

probate

stock options

right to purchase shares at a set price during a set time

Exigent Circumstances

situations that require immediate action or urgency


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