Mortuary & Business Law Practicum Test II

What is the term for extinction or withdrawal of a legacy by an act equivalent to revocation?

Ademption

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

All of the Above

Who is the administrator of a will?

The person appointed by the court to carry out the terms of the will

If a disagreement occurs between the oldest child and the surviving spouse on what to do with embalming who has the paramount right to choose:

The spouse

Contracts must be _____ to be classified as enforceable under the Statute of Frauds?

Written

What is the basis for common law?

customs which have become recognized by the courts as binding on the community. AKA Judge-made Law or Case Law

What laws are designed to prevent one individual or group from controlling too large a share of the market for a product?

Antitrust Laws

What is the most common method for creating an agency?

Appointment

What is a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions?

Implied Contract

What term describes persons who sign a promissory note and obligate themselves to pay at maturity?

Maker

What is the term for an oral will, dictated by testator during last illness before appropriate witnesses, used to dispose of personal property which is afterwards reduced to writing?

Nuncupative Will

Which of the following could be considered mutilation?

Performing Restorative Art without Prior Notice

The right of possession implies reciving the body in the same condition as at the time of death, any deliberate change to the condition from when it was first received requires:

Permission

What is the term used to describe the party who institutes a court action?

Plantiff

What court has sole jurisdiction over estates?

Probate Court

What type of property is a dead human body considered?

Quasi-Property Theory

Land, timber, minerals, buildings, and other man made property permanently attached to the land are termed:

Real Property

When the funeral home agrees to provide goods and services at the time of need for an amount not to exceed the amount of the preneed contract and any interest earned on that amount is known as a/an:

Revocable Contract

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

Sale

In terms of cemetery mapping which area is considered the largest:

Section

What type of partner has no voting rights and takes no active role in the management of the business?

Silent Partner

What type of estate exists when the assets exceed the liabilities?

Solvent Estate

What is the term used to describe a proportional reduction of a legacy when the funds or assets of said legacy are not sufficient to pay it in full?

Abatement

The public accommodations aspect of the ADA has less strict standards for buildings built:

After 1993

What is the relationship created in a contract between a principal and an agent?

Agent

Those drivers under the directions and control of the funeral home which is liable for the driver's negligent actions are:

Agent Drivers

Which of the following could be consideration in a contract?

All of the above

What is the means whereby one party conveys his rights in a contract to another who is not a party to the original contract?

Assignment

What term describes 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?

Corporation

What term is synonymous with "dead body"?

Corpse

The Patterson family comes in to make arrangements for their grandmother, they bring with them documents that show she has an irrevocable trust set-up with $7,500.00 that will pay for the funeral. The arrangements are finalized and the family is happy with everything. The total bill for the funeral adds up to $ 7,100.00, this leaves 400.00 left over in the trust. You inform the family since it is an irrevocable trust the excess money lawfully goes to the:

Federal Government

What is the term used to describe the conduct of an individual who promises to refrain from doing something?

Forbearance

What is the name for a contract under seal?

Formal Seal

What type of will is written entirely by the testator with his own hand?

Holographic Will

What is the term used to describe a person who dies without a will?

Intestate Succession

What statement is true regarding the embalming of human remains?

It is required for all public services

What type of contract involves two or more persons bound both jointly and individually?

Joint and Several Contract

Who is the chief officer in the state court?

Judge

What is the term used to describe the decision of a court?

Judgement

What term describes the power or authority each court has to hear cases?

Jurisdiction

Which of the following is synonymous with the term "law"?

Jurisprudence

Which courts are concerned with delinquent, dependent, and neglected children?

Juvenile Courts

What is a charge against another's property as security for a debt or claim?

Lien

The VA cemetery in Leavenworth, Kansas is an example of what type of cemetery:

National

A licensed funeral director fails to perform his/her duties with the ability and care normally exercised by people in the profession. What term is used to describe the director's actions?

Negligence

What are written instruments drawn in a special form, which can be transferred from person to person as a substitute for money or as instruments of credit?

Negotiable Instrument

What is a token award, typically $1.00, used to symbolize vindication of the wrong done to the plaintiff?

Nominal Damages

The right of disposal sometimes means the individual is:

Not obligated to pay funeral expenses

What is the term for an expressed willingness from a person to enter into a contractual agreement?

Offer

What is the term used to describe the method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as so many individuals?

Per Stirpes

Which of the following can the funeral home be held liable for?

Performance of an unauthorized embalming

The written contract of agency is

Power of Attorney

In probate court the funeral bill is considered to be a:

Preferred claim

What type of corporations are formed by individuals to perform some non- governmental functions?

Private Corporation

What is 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 of certain in money to order or to bearer?

Promissory Note

What is an action to recover possession of property unlawfully detained?

Replevin

What term describes an action taken to recover possession of property that was unlawfully detained?

Replevin

Mortuary law is expressed in which of the following terms?

Statutes, Ordinances, Case Law

Which of the following is the correct definition of estate?

the property of a deceased person, both real and/or personal

The concept of right and just refers to which of the following?

Equity

What is perjury?

False Testimony

A medical examiner can order an autopsy to determine cause of death even against the wishes of the:

Family

What type of crime is usually punishable by death or incarceration in a penitentiary for more than one year?

Felony

What term involves relation of trust or confidence?

Fiduciary

What is a statute?

Law enacted by legislature

What term describes a daughter her inherits jewelry from her aunt?

Legatee

Which of the following correctly defines a testator?

A person who makes a valid will

You are planning to host a support group at your funeral home as a form of an aftercare program. You are interviewing potential grief facilitator to lead the program. To manage your risk in providing this program, you should:

B, C, or D

What is the proper term for a funeral director when s/he has possession of the personal effects of the dead human body?

Bailee

What is the proper term for a next of kin who delivers the personal effects of the deceased to the funeral director?

Bailor

What is the term for a draft drawn on a bank and payable on demand?

Check

Who is the recorder in state and federal courts?

Clerk

You make an appointment with your lawyer to make an amendment to your will, you want to add the church to the will, and donate 12 acres of your property to the church. The lawyer draws up an amendment to your existing will, and calls this addition what:

Codicil

What is the term used to describe customs which have come to be recognized by the courts as law?

Common Law

When the court awards an injured party a settlement for the exact amount of loss incurred, what type of damage has been award?

Compensatory Damages

What is an agreement between two or more competent persons which is enforceable by law?

Contract

Who is allowed to authorize disinterment of a dead human body?

Coroner or presiding judge

What is the term used to describe a funeral director who has human remains in his/her care?

Custodian

An agency is terminated by operation of the law if which of the following conditions occur?

Death of the agent or the principal

The transfer of one's duty alone without transfer of rights is termed:

Delegation

Who is the person receiving a gift of real estate in a will?

Devisee

Which of the following is NOT required by the Federal Trade Commission?

Disclosure for Restorative Work

What type of partnership exists when one partner's liability is limited to a capital contribution only?

Limited Partnership

A surviving spouse may avoid being written out of a will by invoking which of the following?

Inheritance Statute

The estate of a deceased person is unable to pay the debts of the decedent. What term is used to describe this type of estate?

Insolvent Estate

What is the term for property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks?

Intangible Personal Property

There are three basic types of torts, what are they:

Intentional, Negligent, Strict Liability

What is the function of the courts?

Interpret and apply the law

A family member sues the funeral home for removal of a decedent's beard without permission. The funeral home's actions constitute which of the following?

Mutilation

Which individual would have primary right to control final disposition of a deceased person?

Surviving Spouse

As a rule, who does the right of decent disposal belong to?

Surviving Spouse, Next of Kin, Public Authorities

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

Terms of the contract

Which of the following describe oral contracts?

They are spoken

What is the law of the land in the United States?

U.S. Constitution

What is the highest court of the land in the United States?

U.S. Supreme Court

What is the term used to describe any rate of interest charged above the maximum rate allowable?

Usurious

The police powers of the state empower to set standards and require licenses of individuals that wish to practice a certain profession or trade, an example of this would be your:

Your state boards

What is replevin?

an action to recover possession of wrongfully withheld personal property

A person who is not of sound mind enters into a contract. The individual has not been declared insane judicially. What type of contract is this?

Voidable Contract

What type of contract may be set aside by at least one of the parties?

Voidable Contract