Mortuary & Business Law Study Guide

The major source of mortuary law is ____ law. (common, civil, cannon, church)

common

Customs which have come to be recognized by the courts as law describes

common law.

STEL

Short Term Exposure Level: 15 minutes 2ppm

The statute listing certain classes of contracts which must be in writing to be enforceable is called the

Statute of Frauds.

A document of title which sets forth the contract between the shipper and carrier is the bill of ___. (landing, shipment, consignment, contents)

landing

Rules of civil conduct commanding what is right and prohibiting what is wrong defines

law.

Caveat Emptor means

let the buyer beware.

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

negligence.

The power to adopt laws for the protection of the public is ___. (administrative power, police power, civil process, equity law)

police power

The person protected against a loss is the ____. (beneficiary, fiduciary, policy holder, underwriter)

policy holder

A funeral home's family car is considered a ____ carrier. (public, private, common, freight)

private

A restatement of one's willingness to be bound by his promises made during minority is called

ratification.

An action to recover possession of property unlawfully detained is ___. (litigation, replevin, tort, repossession)

replevin

To cancel or annul or avoid a contract is to

rescind.

In the state court, the chief officer is

the judge.

A contract which is based upon acts being done in consideration for a promise is called

unilateral contract.

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

usurious.

A contract made by a person who is intoxicated, but aware of the consequences of his actions is (valid, void, voidable, unenforceable)

valid.

A contract which is enforceable by the courts is

valid.

The decision of a jury is the

verdict.

A contract made by a legally declared insane person is (valid, void, voidable, unenforceable)

void.

A process may be referred to as

a summons.

A proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full is (ademption, probate, abatement, intestacy)

abatement.

When a dead human body is in the mortuary, the funeral home is said to have

actual custody.

The extinction or withdrawal of a legacy by an act equivalent to revocation is called (ademption, probate, abatement, intestacy)

ademption.

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

administrator.

Quasi-property means ___ property. (never, illicit, almost, designated)

almost

A permanent order, issued by a court, forbidding activities which would be detrimental to others is (a restraining order, an injuction, a statute, a writ of habeus corpus)

an injuction.

The means whereby one party conveys his rights in a contract to another who is not a party to the original contract is called (assignment, bill of sale, a contract of agency, novation)

assignment.

When a funeral director has the personal effects of a dead human body in her possession, she is properly termed a (bailee, bailor, custodian, consignor).

bailee.

A gift of personal property received through a will is a ____. (bequest, devise, legatee, codicil)

bequest

When a funeral director has a dead human body in her care, she is properly termed a

custodian.

A term which means the transfer of one's duty alone without transfer of rights is

delegation.

A person receiving a gift of real estate in a will is a

devisee.

The election to void a contract is called

disaffirmance.

The right a minor has to avoid a contract is termed (ratification, denial, abatement, disaffirmance)

disaffirmance.

The right that one person has to use the property of another for a special purpose is known as a(n) ___. (passageway, easement, right of passage, property exit)

easement

The power of government to take private property against the objection of the owner for a public purpose is ___. (annexation, eviction, eminent domain, encumbrance)

eminent domain

A reducing term insurance policy plus savings account is called a(n) ___ policy. (terminated, endowment, mutual, stock)

endowment

Usury is a term which refers to

excess interest.

A personal representative of the decedent appointed in the will to carry out the provisions of the will is called

executor.

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

executory.

A contract in which the parties make known their intentions by words is a(n) ___ contract. (formal, simple, unilateral, express)

express contract.

Perjury is

false testimony.

A term involving a relation of trust or confidence is

fiduciary.

A contract under seal is called

formal.

The substitution of a new party for the original party who is to perform is called (assignment, bill of sale, a contract of agency, novation)

novation.

A nuncupative will is a ___ will. (typed, handwritten, oral, collateral)

oral

The laws of city councils are called

ordinances.

To read the charge of an indictment is

to arraign.

Laws designed to prevent one individual or group from controlling too large a share of the market for a product are called ____ laws. (maritime, business, merchant, antitrust)

antitrust

The condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being

insolvent estate.

When a person dies without a will, he is said to die

intestate.

A contract which is written so that either party may consider it as a joint obligation or a group of individual obligations is a

joint and several contract.

The person who is the beneficiary of personal property by a will is the ___. (devisee, legatee, indorsee, drawee)

legatee

The term which means a fact that could alter one's decision to enter into a legal binding contract is a _____ fact. (material, illegal, usurious, fraudulent)

material

A court of original general jurisdiction is

a trial court.

A formal written command issued by a court of law is

a writ.

Laws that are designed to protect or prevent any individual from controlling a large share of a market or products are

anti-trust laws.

Whatever the promisor demands and receives as the price for his promise is called (consideration, forbearance, disaffirmance, ratification)

consideration.

When one promises to refrain from doing something, his conduct is known as (consideration, forbearance, disaffirmance, ratification)

forbearance.

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.

A change of parties with the formation of a new contract is (assignment, novation, delegation, parole evidence)

novation.

The deposit of tangible personal property as security for some debt or obligation is a ___. (liability, pawn, pledge, consignment)

pawn

A contract that is of no legal effect is

void.

Action Level

If the 8 hour TWA is .5 ppm, the employer has exceeded the Action Level and is required to take certain remedial steps.

MSDS

Material Safety Data Sheets

A lien or mortgage against real property is a(n) ____. (easement, replevin, encumbrance, subrogation)

encumbrance

Goods of a homogenous nature which are sold by weight or measure are known as ___ goods. (identified, fungible, existing, future)

fungible

When the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as ___ goods. (existing, future, identified, fungible)

identified

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is

tort law.

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

tort.

Generally, a minor is fully liable for his/her (contracts, torts, scruples, convicts)

torts.

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

void.

A contract in which undue influence was proven is considered

voidable.

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

voidable.

The Statute of Frauds states that, for contracts classified under this statute to be enforceable, they must be (written contracts, express contracts, under seal, oral contracts)

written contracts.

The maximum amount of interest that may be charged is called the

contract rate.

In the field of business law, the most important statute is

the Uniform Commercial Code.

TWA

Time Weighted Average: 8 hours .75ppm of formaldehyde

The doctrine of stare decisis is concerned with

case law.

In regards to the no-property theory, the dead body was under the control of the ___. (family, courts, church, king's regents)

church

An addition or modification of a will is known as a

codicil.

A term for blood kin is

consanguinity.

Price fixing agreements are

illegal.

A surviving spouse may avoid being written out of a will by invoking the ____. (statute of descent, statute of ademption, inheritance statute, federal estate statute)

inheritance statute

This standard took effect in 1988 to establish permissible exposure levels for formaldehyde in the workplace.

Formaldehyde Exposure Standard

This standard took effect in 1988 as a disclosure law so that employees are provided information regarding the hazardous materials they are working with.

Hazard Communication Standard

Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as ___ courts. (appellate, trial, special federal, probate)

special federal

A person who dies leaving a valid will is called a

testator.

The right to sue the federal government is derived from

the Federal Claims act.

Enacted in 1970 by congress to protect the nation's employees by implementing safety and health programs, regulations, record-keeping and training programs.

OSHA Occupational Safety and Health Administration