Business law

An authorized exhumation may be initiated only:

In the public interest and for certain private purposes

Rules and regulations passed by the Federal Trade Commission (FTC) are examples of:

administrative law

The person appointed by a court to oversee the estate is called the:

administrator

If a neighbor continuously, openly, honestly, visibly, and exclusively possesses a portion of your property for a statutorily defined period of time, he may gain good title by a doctrine called:

adverse possession

An agency relationship may be created if a principal acts as to mislead the public into believing there is an existing agency. This is called:

agency by estoppel

An agent may derive his authority from the fact that an agent of this type would normally have such authority. This is called:

apparent authority

The relationship of agency may be created by:

appointment ratification estoppel

A general agent who has been appointed by a written authorization:

attorney in act

An extraordinary special agent whose task is to bring the contracting parties together:

attorney in fact

Mutilation of a dead body include(s):

authorized embalming unauthorized autopsy unauthorized removal of a mustache or beard

The party who received personal property, but not ownership, of the personal property, is called the:

bailee

A person who gives possession of personal property to another but not title is a(n):

bailor

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

bailor

Which OSHA standard requires funeral homes to provide specific training, PPE, and vaccination against hepatitis B:

blood-borne pathogens

Partners have certain powers that result from:

business in the community agreement actions of a partnership

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

check

An amendment to a will is called a:

codicil

An arrangement in which one business ships goods to another business for resale without any change in legal ownership is:

consignment sale

Although a dead body is in one funeral home, another funeral home which has control of the final disposition is said to have:

constructive custody

When a decedent is at a funeral home, the party with the primary right of disposal is said to have:

constructive possession

The lawful rights and duties of the funeral director undertaking a funeral are those derived from statutory law and those arising from:

contract

An association of individuals united for some common purpose, and permitted by law to use a common name, and to change its members without dissolution is a(n):

corporation

If there is no will, the property and holdings of a deceased person will be distributed according to law, and an administrator/personal representative will be appointed by the:

court

Where there is no will, the property of a decedent according to law, will be distributed by an administrator appointed by the:

court

A business or individual to whom a debt is owed is a:

creditor

A person to whom a debt is owed is called a:

creditor

A distribution of profits of a corporation to its stockholders is declared by the board of directors and is referred to as:

dividend

The death of a shareholder of a corporation:

does not dissolve the corporation

Of the three original parties to a check, the bank is the:

drawee

Which of the following represents an example of a signed agreement of an oral understanding:

embalming authorization

An individual whose manner of work performance may be substantially controlled is a(n):

employee

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 an:

escrow

Which federal statute is concerned with minimum wage and overtime pay:

fair labor standards act

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

fiduciary

Which one of the following has occurred if a funeral service practitioner intentionally misrepresents a benefit of a pre-need funeral arrangement:

fraud

The person responsible to confirm that a pacemaker has been removed from the decedent cremation is the:

funeral director

Under the ADA (Americans with Disabilities Act), when a death is due to HIV (AIDS), the funeral home may:

have a public viewing have a private service

One who is entitled to inherit property by law is a(n):

heir

On a bank reconciliation, deposits that were not recorded before the bank statement was prepared are known as:

in transit

Requirements for a valid offer must:

include a specific time duration be definite be seriously intended

The funeral home manager is obligated to provide client families with the knowledge and options to make ____ decisions:

informed

Money paid for the use of money is called:

interest

A dead human body:

is not property in a real sense

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

judge

Cremation is considered:

legal if done in a proper manner the most sanitary method of disposal illegal if done to conceal a crime

The legal obligation of a business to pay a debt is called a(n):

liability

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

libel

An advantage of a corporation is:

limited liability

Which is NOT a characteristic of a general partnership:

limited liability

Which of the following is NOT an advantage of the partnership form of doing business:

limited liability

The liability of a stockholder is:

limited to his investment

Automotive equipment made available for hire is called:

livery

An agency created by express authorization:

may be oral or written

A place where dead bodies are held pending identification is a:

morgue

A man dies, leaving his mother, sister, ex-wife, and live-in girlfriend of 3 years arguing over who is to make the funeral arrangements. Who is the legal next of kin:

mother

A check that is returned to a depositor because the check did not have sufficient funds in the account is known as a(n):

nsf (not sufficient fund) check

A nun-cupative will is a(n):

oral will

Two or more persons carrying on a business for profit is a:

partnership

When parties act so as to misguide the public into the belief that they are a partnership, the law may prevent them from denying it later. This concept is called:

partnership by estoppel

A corporation may exist:

perpetually

A party may not provide for the control of his property forever. The rules against this are referred to as rules against:

perpetuity

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

person

When an agency relationship is created by one part appointing another to make contracts and to represent him, the person who appoints is the:

principal

The ____ is ordinarily liable to third parties for contracts made by the ____ within the actual or apparent scope of his authority:

principal, agent

Be in writing and signed by the person or persons agreeing to make payment, be an unconditional promise to pay a sum certain, be payable on demand or a definite time, and be payable to the order of a specified person or to bearer are conditions to be met if commercial paper is to be considered:

promissory

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

promissory note

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

punitive

A commonly accepted theory regarding a legal status of a dead human body today is the:

quasi-property theory

Land and anything attached to it is known as:

real property

An important distinction between real and personal property is:

real property is not moveable

*One who is authorized by another to transact some specific act or acts:

special agent

Types of endorsements include which of the following:

special, qualified, restrictive

The secondary right to control final disposition of a deceased person rests with:

state

One example of intangible personal property is a(n):

stock certificate

An agency may be terminated by operation of law by:

subsequent illegality death or incapacity of principal or agent destruction of subject matter

A notice of complaint given to a defendant, defining the complaint, and a time frame for which an answer must be received is a(n):

summons

The person who executes his own will is called the law:

testator

A dead body or corpse must be:

the body of a human being deprived of life not entirely disintegrated

A private or civil wrong, where the cause is intentional or caused by negligence, for which there may be action or damages is called a(n):

tort

Activities of a corporation which have exceeded its power are characterized as:

ultra vires

The buyer pays all transportation costs under the arrangement:

F.O.B. shipping point

The essential difference between the dissolution and termination of a partnership is that:

-After dissolution, and before termination, the partnership may still take certain actions

A stockholder possesses the right to:

-Receive a properly executed certificate to stock ownership -Attend corporate meetings and to vote unless he has by agreement given up his right to vote -Receive his proportionate share of the profits when profits are distributed as dividends

The management of a corporation is conducted as follows:

-Stockholders elect a board of directors who elect officers to operate the business

A testator to meet the standard of capacity for making a will must:

-have the mental capacity to know the natural object of his bounty -understand the nature of his property -understand the extent of his property

A stockholder possesses the right:

-to sell and transfer his shares of stock -when new stock is issued, to subscribe for new shares in proportion to the shares he owns -to inspect corporate books in the absence of a statute to the contrary

An agency relationship may be within the scope of the Statute of Frauds if the period of the agency exceeds:

1 year

The wishes of a decedent as to how his body should be disposed of:

Are given considerable weight, but are not conclusive

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

Assignee

Common law is best described as:

Customs and practices enforced by the courts

A good business technique in funeral arrangements is to:

Have a written contract

A funeral director may discuss information on a death certificate ONLY with:

Immediate family members of the deceased

Which of the following people would have the right to authorize the cremation of Paige:

Paige's adult children

Which of the following is an example of administrative law:

State Board Decisions

Criminal law is concerned with:

a wrong against the public as a whole

The funeral director that has physical possession of a dead human body is said to have:

actual custody

The state may exercise its right to disposal, if:

There is no one else to do it There is an emergency warrenting it

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

aassignment of proceeds

To decide if property should be classified as lost or abandoned, we must try to determine:

What the intent of the owner was at the time the property left his possession

*The mortician who undertakes embalming or restorative art services assumes the duty of performing such services:

With the skill and care of an ordinary prudent mortician