Mortuary Law Mid-term exam study set (AAMI)
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 bailor
The owner of the property involved in a Bailment is the _______________.
Bailor
A promise to do something that one is already required to do either by law or by contract is?
Barren Promise
Which one of the following IS an Administrative Agency?
Board of Funeral Directors
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?
Divisible Contract
The wrongful taking of money or other property that has been entrusted to a person as a part of his/her employment is?
Embezzelment
American Jurisprudence is based upon?
English common law
The authority found in the US Constitution to deal with matters concerning Bankruptcy is?
Express Power
True or False: A Voidable contract is an agreement that lacks one or more of the essential elements of a contract.
False
True or False: A dead human body is considered to be Personal Property?
False
True or False: All CONTRACTS that a minor enters into are voidable.
False
True or False: Consideration, as used in a contract, ALWAYS consists of the exchange of currency for goods.
False
True or False: Generally speaking when a bailment has been created the bailor must return the identical goods which were placed in his or her care.
False
True or False: In a contract between a minor and an adult, which concerns necessities or necessaries, either party to the contract may disaffirm the contract.
False
True or False: 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.
False
True or False: One of the main characteristics of a Bailment is the fact that both possession and ownership are transferred?
False
True or False: Punitive Damages are damages which are awarded to Compensate the Plaintiff for damages which were incurred.
False
True or False: The Funeral Home has constructive possession of a dead human body.
False
True or False: The Magnuson Moss Act requires that warranties must be labeled 'full' or 'limited.'
False
True or False: The Magnuson-Moss Warranty Act is a federal statute which governs both express and implied warranties.
False
True or False: The Magnuson-Moss Warranty Act is a federal statute which governs only express warranties.
False
True or False: The Standard of Care that one must follow when there is a Bailment for the Benefit of the Bailee is slight care.
False
True or False: 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.
False
True or False: The Trial Level in the Federal Court System is the Circuit Court.
False
True or False: The courts of the United States consider a dead human body to be property and the next-of-kin may sell the organs.
False
True or False: The next-of-kin has actual possession of a dead human body.
False
True or False: The parties to a bailment are the assignor and the assignee.
False
True or False: When a bailment is made the owner of the property transfers ownership of the goods to the bailee.
False
True or False: When there is a valid contract that has been entered into by competent parties, courts will evaluate and Judge the adequacy of the consideration.
False
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?
Federal District Court
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 ______________.
Fraud
A person who makes a promise without requiring some benefit in return is making a _____________.
Gratuitous Promise
When there is a Bailment for the benefit of the Bailee what type of care is required?
Great extraordinary care
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?
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?
Public Nuisance
Administrative Agencies such as the FTC, FCC, IRS and others have the authority to adopt __________________.
Rules and Regulations
Which individual has the highest right to decide on the disposition of their loved one.
Spouse
Charlie loved wild animals. He loved them so much that he devoted his life to taking in injured lions and keeping them in his backyard. One of the lions, after recovering from a gun shot wound, escaped and killed the neighbor's dog. The neighbor sues Charlie alleging?
Strict Liability
True or False: Jeffrey Jones was being interviewed on the radio and during the interview he stated that Derek Johnson was a thief. This statement was not true. Jones is guilty of libel.
True
True or False: Merchandise which the funeral home sells such as caskets and funeral clothes are sold with a Warranty of Merchantability.
True
True or False: Real Property comprises property that is not portable.
True
True or False: Rules that are adopted by Administrative agencies have the same force and effect as Statutes and Ordinances?
True
True or False: The Department of Administration is a division of government that comes under the Chief Justice of the Courts.
True
True or False: The Magnuson-Moss Warranty Act is a federal statute which governs both express and implied warranties.
True
True or False: The Standard of Care that one must follow when there is a Bailment for the Benefit of the Bailor is that of slight care.
True
True or False: The difference between Fraud and Innocent Misrepresentation is intent?
True
True or False: The difference between Real Property and Personal Property is the permanency of the real property versus the portability of the personal property
True
True or False: The next-of-kin has constructive possession of a dead human body.
True
True or False: When contractual capacity is evaluated, a judge will look at the party's age and mentality.
True
True or False: 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.
True
True or false: Funeral goods that are sold by the funeral home carry an implied warranty of merchantability.
True
True or false: Generally speaking Funeral Directors are not liable for warranties made by manufacturers.
True
True or false: The Funeral Home has actual possession of a dead human body.
True
When a contract is regarded as shockingly unjust or unfair it is termed?
Unconscionable contract
When a court declares that a law is contrary to the U.S. Constitution, the law is declared to be
Unconstitutional
In which one of the following situations is a CONFIDENTIAL RELATIONSHIP required?
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.
Undue Influence
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?
Wife
An offer can be terminated by:
a lapse of time, revocation, rejection, or acceptance
The Doctrine of Stare Decisis is concerned with
case law
Warranties may cover all of the following except
embalming
True or False: In addition to the District Court, Circuit Court and the Supreme Court there are specialized courts in the Federal Judiciary System?
True
A defamatory statement that is recorded on a video cassette is considered to be?
Libel
The more permanent type of defamation is?
Libel
True or False: A bailment in which consideration is present is?
Mutual Benefit Bailment
William took his new suit to the dry cleaners. What kind of a bailment is this transaction?
Mutual Benefit Bailment
A bailment in which consideration is present is?
Mutual benefit bailment
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?
Bribery
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?
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?
Burglary
Law that is primarily concerned with rules of conduct involving financial transactions between individuals or legal entities is called?
Business Law
Which one of the following situations DOES NOT create a bailment?
Clothing placed for sale on consignment
If a guest in your home unintentionally leaves her wallet, what kind of a bailment, if any would be created?
Constructive Bailment
James and Laura were involved in a car accident. James ran a stop sign and Laura ran into James' car. Laura sues James. James knows that he is responsible for a good part of the accident since he ran the stop light, but he feels that Laura shares responsibility because she had the last chance to avoid the accident. James raises a defense that Laura shares responsibility for the accident. What is the name of the defense?
Contributory Negligence
Jason stole Jerome's car and was charged with Grand Theft auto. What tort, if any, would Jason be charged with?
Conversion
One is guilty of a _____________ when he interferes with the enjoyment of someone's personal property.
Conversion
The stealing of a vehicle while in transit is?
Hijacking
Generally, State & Federal Governments are divided into 3 Branches which are? I Executive, II Judicial, III Legislative, IV Administrative
I & II & III
Which of the following defenses are used for slander and libel cases.I TruthII Contributory NegligenceIII Comparative NegligenceIV Privilege
I & IV
Which 2 crimes REQUIRE the participation of 2 persons? I Extortion, II Embezzlement, III Bribery, IV Kidnapping
I and III
Which of the following defenses are used for slander and libel cases? .I Truth II Contributory Negligence III Comparative Negligence IV Privilege
I and IV
The authority found in the US Constitution that gives Congress the power to regulate Space travel is?
Implied Power
The power of Courts to address legal issues concerning the Internet comes from the US Constitution. Which power gives the courts the authority to decide this type of case?
Implied Power
Which one of the following items WOULD NOT be involved in the Tort of Conversion?
In-ground swimming pool
The authority a court has to hear cases is called its
Jurisdiction
The broad term that includes most types of theft is?
Larceny
A private wrong that causes injury to another person's physical well being, property or reputation is a _________________.
Tort
The violation of a private wrong that causes injury to another person's physical well being, property or reputation is?
Tort
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
True or False: A dead human body is considered to be Quasi-Property?
True
True or False: A violation of a private wrong is a tort.
True
True or False: Administrative rules that are adopted by administrative agencies have the same force and effect as statutes.
True
True or False: All consideration has a value.
True
True or False: An oral contract is valid?
True
True or False: Forbearance is a type of consideration.
True
True or False: If a law is found to be contrary to the US Constitution the law is said to be unconstitutional.
True
