Mortuary Law and Business Law Compend

67. To read the charge of an indictment is

to arraign

31. A contract made by a person who is intoxicated, but unaware of the consequences of his/her actions is

voidable

93. A contract made by a person who is so intoxicated as to be unaware of the consequences is

voidable

81. The law of the land in the United States is the

U.S. Constitution

64. A document which defines the relationship of the government itself and of its citizens is

a constitution

98. A person below the adult age is

a minor

71. A temporary order forbidding a certain action is

a restraining order

43. A draft drawn on a bank and payable on demand is a

check

61. Of the following, under normal circumstances, the one(s) having the primary right to control final disposition of a deceased person is

children of legal age

9. An addition or modification of a will is known as a

codicil

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

common law

26. A contract under seal is called

formal

24. The power or authority which each court has to hear cases is called its

jurisdiction

77. Which of the following is not a type of inferior state court?

juvenile court

23. The laws of city councils are called

ordinances

78. Laws passed by local governments are

ordinances

51. Anything that may be owned possessed, used, or disposed of for a price is called

property

68. Defamation of character by spoken words or gestures is

slander

74. Parol evidence is

spoken words

87. The decision of a jury is the

verdict

58. A will written entirely by the testator with his own hand is properly termed a

holographic will

7. When a person dies without a will, he is said to be

intestate

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

negligence

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

the Uniform Commercial Code

30. A contract made by legally declared insane person is

void

72. The court having sole jurisdiction over estates is

The probate court

86. A process may be referred to as

a summons

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

actual custody

66. A permanent order, issued by a court, forbidding activities which would be detrimental to others is

an injunction

95. An expressed willingness from a person to enter into a contractual agreement is

an offer

73. Common law is based on

customs

36. The substitution of a new party for the original party who is to perform is called

novation

50. All physical items that are not real property are classified as _____________________

personal property

6. A written disposition of property, real or personal, to take effect at the death of an individual is called a

will

28. The election to void a contract is called

disaffirmance

49. The profits of a corporation belong to the corporation until set aside by the directors for distribution as

dividends

88. A federal court of appeals is

an appellate court

82. What is right and just refers to

equity

63. Perjury is

false testimony

15. 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

89. Common law developed in

England

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

Executory

17. A term involving a relation of trust or confidence is

Fiduciary

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

Statute of Frauds

37. When one party to a contract breaches it, the other party has the right to sue for breach of contract, but he must exercise the right within the time fixed by a statute which is called

Statute of Limitations

59. 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

abatement

92. Orders and decrees from governmental agencies which have the force of law is considered

administrative law

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

administrator

44. The contract between a principal and an agent creates a relationship called

agency

35. 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

2. When a funeral director has the personal effects of a dead human body in his possession, he is properly termed a

bailee

48. The right to declare dividends depends upon the discretion of the

board of directors

45. An association of individuals united for a common purpose and permitted by law to use a common name and to change its members without disclosure of the association is a(an)

corporation

1. When a funeral director has a dead human body in his care, he is properly termed a

custodian

4. A personal representative of the dependent appointed in the will to cary out the provisions of the will is called

executor

33. When one promises to refrain from doing something, his conduct is known as

forbearance

83. The party who institutes a court action is the

plantiff

56. When the duty of care that a motorist owes other motorists and pedestrians is breached and results in injury or damage to another, that motorists has committed a

tort

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

tort law

91. Law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is

Business law

80. A court of original general jurisdiction is

a trial court

75. A formal written command issued by a court of law

a writ

53. Property rights consisting merely of evidence of ownership of property, such as copyrights, checks, notes and stocks, are

intangible property

94. A newspaper advertisement can be an offer if it shows

intent

69. Laws enacted by legislative bodies are

statutes

54. Personal property which can be seen and touched is

tangible personal property

85. The highest court of a state is the

state supreme court

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

law

41. Written instrument drawn in a special form, which can be transferred from person to person as a substitute for money or as instruments of credit, are called

negotiable instruments

14. You receive an offer in the mail containing no stipulations as to the acceptance, and you decide to return your acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is

placed in the mail by the offeree

47. The owners of a corporation are known as

stockholders

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

terms of the contract

8. A person who dies leaving a valid will is called a

testator

32. Whatever the promisor demands and receives as the price for his promise is called

consideration

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

anti-trust laws

46. A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a (an)

entity

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

tort

25. In order to be enforceable, a valid contract must meet which of the following requirements? 1. Mutual agreement 2. Competent parties 3. Supported by consideration 4. Lawful purpose

1, 2, 3 and 4

10. The filing and proving of the following death is called

probate

5. The right to sue the federal government is derived from

the federal claims act

70. In the state court, the chief officer is

the judge

84. The highest court of the land in the United States is the

U.S. Supreme court

79. The doctrine of stare decisive is concerned with

case law

40. The damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss are called

compensatory damages

76. The failure to volunteer or reveal information no requested is termed

concealment

60. 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 beings

insolvent estate

42. 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 certain in money to order or to bearer is a

promissory note

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

ratification

52. Land, timber, minerals, buildings, and other man made property permanently attached to land are called

real property

97. To cancel or annul or avoid a contract is to

rescind

11. A contract that is of no legal effect is

void

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

void

39. A contract made by an insane person who has been declared so judicially is

void

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

voidable

22. A contract in which undue influence was proven is considered

voidable

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

usurious

13. A contract which is enforceable by the courts is

valid

57. The extinction or withdraw of a legacy by an act equivalent to revocation is called

ademption

100. A contract made with which of these people would be considered void?

Judicially declared insane person

19. the maximum amount of interest that may be charged is called the

contract rate