Law Practice Q
How long must a GPL that is no longer in use be kept by the funeral home?
1 year after the date it was last distributed
How long must old GPL's be retained by the funeral home?
1 year from the date it was last distributed
What precaution can a business person take when contracting with a minor?
A business person can require an adult to join the contract as a cosigner.
Which of the following is not a true contract and has been imposed by law in order to prevent one party benefiting unfairly at another's expense?
A quasicontract
What is the difference between an agreement and a contract?
An agreement results whenever two people's minds meet on a subject, but a contract only exists when the parties intend to be legally obligated by the terms of the agreements.
Which of the following is most likely to be a tort based on negligence?
Automobile accidents
The _____ consists of ten amendments to the U.S. Constitution specifically designed to protect the civil rights and liberties of citizens and the states.
Bill of Rights
The failure of a party to perform the obligations assumed under a contract is known as a(n):
Breach of contract
What documents are required by the Funeral Rule?
CPL, GPL, OBCPL, SFGSS
Which disclosure is required on the Statement of Funeral Goods and Services Selected?
Cash Advances
Which of the following best describes the difference between civil law and criminal law?
Civil law deals with the enforcement or protection of private rights, whereas criminal law deals with offenses against society.
Common law in the U.S. has its origins in
English law
A court that reviews the decisions of a lower court is called a trial court.
False
A state administrative agency affects businesses throughout the country.
False
An offer made in jest that does not appear to be seriously intended to an offeree is considered a valid offer.
False
For a promise to constitute consideration, the promise must not impose an obligation on the person making it.
False
If a decision of an administrative agency conflicts with a statute enacted by a higher legislative body, the agency decision will prevail.
False
If an adult purchases personal property from a minor, the minor has only a voidable title to the property.
False
Laws made by an administrative agency, like a state board of funeral directors and embalmers, are classified as statutes.
False
Ratification to a contract can be made any time before reaching majority.
False
Statutes are higher laws than constitutions.
False
The "mailbox rule" does not apply in situations where the offeror does not receive the acceptance.
False
The law considers everyone under the age of twenty-one to be a minor.
False
The law states that a unilateral contract can be formed when performance is started.
False
To recover damages for an international tort, the plaintiff is required to prove that there was a breach of duty by the tortfeasor to the plaintiff
False
What item on the GPL must include any fees for basic services of funeral director and staff in the price?
Forwarding remains
What qualifies an entity as a "funeral provider" and therefore requires it to comply with the FTC Funeral Rule?
If it provides both funeral goods and funeral services
Which of the following is true of a binding contract?
It is created when an offeree accepts an offer that has been properly communicated.
Which of the following is true of a valid offer?
It is seriously intended.
Which of the following is true of quasi-contracts?
It prevents the unjust enrichment of a party.
Which disclosure is required on the OBCPL?
Legal/Cemetery Requirements
Can a state administrative agency promulgate a rule that conflicts with a state statute?
No, a statute preempts a rule
Does a funeral provider have to furnish a GPL to someone who formally requests one in a letter?
No, because the inquiry is not in-person
Which disclosure is required on the General Price List?
Right of Selection
Sam and Martha sign a contract in which Sam agrees to pay a certain price and buy Martha's house. Later, Sam's brother states that Sam often has intervals of delusions and hence the contract is invalid because it has been made by an incompetent person. Sam has not been declared by the court as insane. In such a scenario, according to law, which of the following will entitle Martha to the price agreed upon in the contract?
Sam was in a sane frame of mind and understood the contract when he signed it.
Kenneth, aged sixteen, sells his car to Robin, aged 49. Later, Robin sells the car to Sarah, an innocent third party, before Kenneth can disaffirm the contract. In this case, which of the following will hold true?
Sarah can obtain good title to the property.
Which of the following is true of appeals made to higher courts?
The decision of the appellate court is binding on lower courts.
In a situation where an injured party in an accident is partly to blame for the accident, which of the following is most likely to be true under a contributory negligence system?
The injured party cannot recover any damages because it is partially negligent in the case.
An offeree's inquiry about the terms of an offer that differ from the offeror's terms will have what effect?
The inquiry will not reject the offer, and if the offeror says no, the original offer may still be accepted if it has not been revoked.
If a minor contracts for necessaries, the minor's liability is quasi-contractual in nature. This means that:
The minor is not required to pay the contract price but will be required to pay a reasonable amount to avoid unjust enrichment.
Which of the following conditions is a prerequisite for any agreement to be legally enforceable?
The parties entering into the agreement must have the mental capacity to contract.
Which of the following is true of state trial courts?
They handle cases that are first instituted in them.
Which of the following is true of special federal courts?
They have jurisdiction limited by Congress.
What is the chief function of the courts?
They interpret and apply the law from whatever source to a given situation.
A minor, upon reaching the age of majority, must ratify none or all parts of a contract.
True
Administrative agencies primarily set policy through the issuance of rules and regulations.
True
Advertisements and catalogs are examples of general invitations.
True
All agreements are contracts.
True
An offer expresses the willingness of the offeror to enter into a contractual agreement.
True
An offer that does not specify a particular manner of acceptance may be accepted in any manner reasonable under the circumstances.
True
Appellate courts include courts of appeals and supreme courts.
True
Consideration distinguishes mere agreements from legally enforceable obligations.
True
Each state is part of the federal court system and has a state court system.
True
Generally, a part payment of a past-due debt is not consideration to support the creditor's promise to cancel the balance of the debt.
True
If the intended acceptance varies or qualifies an offer, the counteroffer rejects the original offer under the common law.
True
If, after an offer has been made, the performance of the contract becomes illegal, the offer is terminated.
True
One may have rights and obligations imposed by law even when no real contract exists.
True
Silence constitutes acceptance to an offer if it is reasonable in consideration of previous dealings that the offeree to notify the offeror of non-acceptance.
True
The U.S. Supreme Court is the highest tribunal in the land, and its decisions are binding on all other courts.
True
The doctrine of strict liability can make the manufacturer of a dangerously defective product liable, even if there's no proof of negligence
True
The legal term for one party benefiting unfairly at the expense of another is unjust enrichment.
True
The promise or obligation of each party to a contract must be supported by consideration in order for the contract to be valid.
True
When a contract is required to be sealed, a substitute for an actual seal may be used.
True
When must a GPL be given to the consumer for retention?
When beginning a face-to-face discussion about funeral goods and services
Must a funeral home have a separate CPL?
Yes, unless all of the caskets along with their prices and descriptions appear on the GPL
Which entity is likely to be responsible for making and enforcing a regulation?
a board of funeral directors and embalmers
An executory contract is defined as:
a contract in which the term have not been fully carried out by all parties.
Which type of laws are included in the area of administrative law?
a regulation that sets out the facility requirements for a funeral establishment
What is an example of an administrative law?
a rule promulgated by a board of funeral directors and embalmers
What is the difference between a statute and a regulation?
a statute is enacted by a legislative body and a regulation is promulgated by an administrative agency
A statute is higher authority than a rule or regulation, so....
a statute wins if there is a conflict.
If a funeral home offers direct cremation, what must it also offer?
an alternative container
A court that reviews a lower court's decision is called
an appellate court.
Case law is made from decisions of which type of court?
appellate
What is the only non-declinable fee on the GPL?
basic services of funeral director and staff
What identifying information must appear on the CPL and OBCPL?
caption giving the name of the price list
What is the difference between civil law and criminal law?
civil law is about private rights and interests and criminal law relates to society in general
A written request to a court to settle a dispute is called a(n):.
complaint or petition
An offeree's response that rejects an offer by varying its terms is known as a(n) _____.
counteroffer
Common law is developed through
court decisions that interpret these laws.
A funeral director executes a preneed contract, and instead of placing the funds in escrow, spends the money on personal items. What type of violation has occurred?
criminal, because there is a law prescribing incarceration for this type of violation
What identifying information is required on the GPL?
effective date
An restraining order or injunction is classified as
equitable relief, and must be based on a statute.
Judy promises to pay Ashley $50 to babysit her children. After Ashley babysits the children, Judy pays Ashley the $50; thus each party has completed performance of each part of the contract. This is an example of a(n):
executed contract
What is the difference between a misdemeanor and a felony?
felonies are punishable by more than 1 year imprisonment
A _______ contract must be in a special form or be created in a certain way.
formal
Statutes are made by the
legislature and signed into law by the executive.
Which charge is one of the 16 items that must itemized on the GPL?
limousine
Ryan, a college student, intends to sell his car. He contacts his friend Luiz and inquires whether he is interested in buying the car. Luiz finds the quoted price reasonable and buys the car from Ryan. In this scenario, Ryan is the _____.
offeror
Which caskets must be listed on the CPL?
only those usually offered for sale
Which item is required to appear on the GPL?
other preparation
A _______ is a court decision that determines the decision in a subsequent, similar case.
precedent
Laws made by an administrative agency are called
rules or regulations.
To recover for a tort based on negligence, the plaintiff must show:
the breach of the tortfeasor's duty to the injured party.
The term disaffirmation refers to:
the election to avoid a contract or set it aside.
What is required if a funeral provider is receiving a rebate or commission on an item listed as a cash advance?
the rebate or commission must be disclosed on the SFGSS
Contracts made by people who have become so intoxicated that they cannot understand the meaning of their acts are:
voidable
When must a GPL be distributed?
when a face to face discussion of funeral goods or funeral services begins
Which of the following statements is true of common law?
Cases in common law are decided on the basis of precedents.
Which of the following is true of the United States Supreme Court?
It has appellate jurisdiction in cases based on the U.S. Constitution.
