Business Law

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

1 And 3 only

Which of the following terms are associated with filing suit in a civil action: 1-Discovery, 2-Process, 3-Petition, 4-Answer

1, 2, 3, 4

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.

1, 2, and 3 only

Requirements for a valid offer must : 1-Include a specific time duration, 2-Include an acceptance, 3-Be definite, 4-Be seriously intended

1, 3 and 4 only

The Fair Labor Standards Act covers which of the following areas: 1-Minimum wage, 2-Overtime compensation, 3-Equal pay, 4-Reasonable accommodations

1,2,3

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

2, 3, 4

Under the ADA (Americans with Disabilities Act, when a death is due to HIV (AIDS), the funeral home may: 1-Require a sealed casket, 2-Have a public viewing, 3-Charge more for embalming, 4-Have a private service

2, 4

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

Administrator

The party who sells a contract for another is called the:

Agent

A legal instrument which authorizes payment of insurance funds for funeral expenses to a funeral home is:

An assignment of proceeds

Mr. Smith was engaged by Ms. Johnson to wash all the windows in Ms. Johnson's apartment house. Mr. Smith was to be paid $750, and the job was to be done within 7 days. Ms. Johnson would have no control over the operation. Mr. Smith is:

An independent contractor

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

An option

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

Assignee

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

Assignment of proceeds

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

Bailee

The doctrine of stare decisis is concerned with :

Case law

Any item of service or merchandise described to a purchaser as an "accommodation", "cash disbursement" or similar term:

Cash advance item

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

Cashier's check

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

Check

____________________________________ refers to the Federal Trade Commission:

Commission

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 ?

Conditional sale

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:

Consult an attorney

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

Corpse

Common law is best described as:

Customs and practices enforced by the courts

The party who is sued in a civil suit is known as the:

Defendant

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

Does not cause a change in the corporation.

The method of removing one's free will in making a decision by threats to do physical harm to the person, his family, or property is known as:

Duress

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

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

Judge

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

Libel

Which is NOT a characteristic of a general partnership?

Limited liability

Who of the following is primarily liable on a promissory note?

Maker

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:

Mortuary law

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

Mutilation

The first step to ADA compliance is to conduct a:

Needs assessment

The party who makes an offer is called the:

Offeror

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 type of damages pay over and above the actual loss:

Punitive

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

Ratification

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?

Return the overpayment immediately

The passing of title from seller to buyer for a price is called a:

Sale

A business that is owned by one person is classified as a:

Sole proprietorship

An endorsement including the words "without recourse" is what type of endorsement?

Special

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 brings an action in court is:

The plaintiff

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

The occurrence of situations that require certain actions:

Triggering events

Any rate of interest above the maximum rate allowable by law is:

Usury

An inebriated (intoxicated) person enters into a contract. The contract is:

Voidable

Criminal law is concerned with:

a wrong against the public as a whole

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

person

When all the terms of a contract have been fully performed by the contracting parties, the contract is said to be:

Executed

Situation requiring immediate action or urgency:

Exigent circumstances

An agency of the federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and unfair methods of competition:

FTC

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

Fiduciary

Personal property permanently attached to land is known as a:

Fixture

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

Fraud

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

Fraud