Professional Review - Arts Practice Questions

Default

A breach of contractual obligation other than money is:

Negligence

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

Sole proprietorship

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

A private carrier

A carrier owned by a shipper for the purpose of shipping its own goods is:

Common carrier

A carrier that transports goods or persons for a fee for all who apply for the services and without discrimination is called a:

Novation

A change of parties with the formation of a new contract is:

An implied contract

A contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as:

Bequest

A gift of personal property received through a will is a:

Summons

A notice of complaint given to a defendant defining the complaint and a time frame in which an answer must be received is a(n):

Executor

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

Tort

A private or civil wrong whose cause is intentional or caused by negligence for which there may be action or damages is a:

Fiduciary

A term involving a relation of trust or confidence is:

Will

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

Personal property

All physical items that are not real property are classified as:

Codicil

An addition or modification of a will is known as a:

Limited liability

An advantage to a corporation is:

Death or incapacity of either principal or agent

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

Loyalty and good faith

An agent owes which of the following duties to his principal:

Qualified endorsement

An endorsement which limits the liability of the endorser is called a:

Offer

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

A broker

An individual who brings together contracting parties is called:

Usurious

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

Gratuitous bailment

Bailment in which the bailee does not receive any compensation is:

I, II, & III only

Consideration in a contract could be: I. Personal property II. Money III. A promise of service IV. A promise to refrain from doing an illegal act

Voidable

Contracts in which fraud is proven are considered:

Common law

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

Slander

Defamation of character by spoken word or gestures:

Commission merchants

Factors del credere are:

I & IV only

Financial assistance available for families of the deceased could be which of the following? I. Social Security Lump Sum Benefit II. Medicare III. income tax benefits IV. VA burial allowance

Fungible goods

Goods of a homogenous nature which are sold by weight or measure are known as:

Existing goods

Goods which are owned by the seller and are physically in existence at the time of the contract are known as:

Court

If there is no will, the property and holdings of a deceased person will be distributed according to law and an administrator/personal representative will be appointed by the:

Fiduciary

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

Uniform Commercial Code

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

Judge

In the state court, the chief officer is:

Mortuary law

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:

Case law

The doctrine of stare decisis is concerned with:

Executed

a contract whose terms have been fully carried out is:

Intent

a newspaper advertisement can be an offer if it shows:

Compensation

a principal owes which of the following duties to the agent:

Constructive custody

Although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have:

An attorney in fact

An agent that has been appointed by a sealed written authorization which states that the agent is to act in the principal's behalf is:

Corporation

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 is a(an):

Voidable

An inebriated (intoxicated) person makes a contract. It is:

Fraud

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

A counteroffer

An offer is rejected by:

Promissory note

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:

Usury

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

Property

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

Your staff

As a funeral director, the only people you should inform, even if asked, that the deceased has an infectious disease are appropriate members of:

Libel

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

Libel

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

Bailor

In a bailment, the person who retains title but gives up possession of the goods is the:

Agent drivers

In a cortege, drivers who are under the control of the funeral director are legally referred to as:

Goods offered without reserve

In an auction, goods which are offered for sale that cannot be withdrawn are classified as:

Quasi-property

In legal terminology, a dead human body is considered:

I, II, III, and IV

In order to be enforceable, a valid contract must meet which of the following requirements: I. Mutual agreement II. Competent parties III. Supported by consideration IV. Lawful purpose

II, III, and IV

Indorsements of commercial paper include which of the following: I. Warranted indorsement II. Blank indorsement III. Qualified indorsement IV. Restrictive indorsement

Real property

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

Abatement

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:

Ratification

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

$154.00

A practitioner serves a family and provides both services and merchandise. The state requires the funeral home to pay 4% sales tax on merchandise. Prices are as follows: Services $2,000 Casket $2,250 Vault $1,600 Total $5850 How much sales tax does the funeral director pay the state?

Tort

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

Holographic will

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

Have a written contract

A good business technique in funeral arrangements is to:

An oral will

A nuncupative will is:

An injunction

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

Administrator

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

A minor

A person below the adult age is:

Testator

A person who dies leaving a valid will is called a:

A lien

A charge against another's property as security for a debt or claim is:

A cashier's check

A check that a bank draws on its own funds and is signed by a responsible bank official but may be used by anyone to pay a debt is called:

An express contract

A contract in which the parties make known their intentions by words is:

Executory

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

Voidable

A contract in which undue influence was proven is considered:

Void

A contract made by a legally declared insane person is:

Valid

A contract made by a person who is intoxicated, but aware of the consequences of his/her actions is:

Voidable

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

Voidable

A contract made by an insane person who has not been declared so judicially is:

Judically declared insane person

A contract made with which of these people would be considered void:

An agreement

A contract must always be:

Void

A contract that is of no legal effect:

Voidable

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

Option

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

Formal

A contract under seal is called:

Unilateral contract

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

Valid

A contract which is enforceable by the courts is:

a joint and several contract

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

Entity

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

A trial court

A court of original general jurisdiction is:

Is not property in a real sense

A dead human body:

Bill of lading

A document of title which sets forth the contract between the shipper and carrier is the:

A constitution

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

Check

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

An appellate court

A federal court of appeals is:

Writ

A formal written command issued by a court of law:

Disaffirmance

The election to void a contract is called:

Ademption

The extinction or withdrawal of a legacy by an act equivalent to revocation is called:

Probate

The filing and proving of the will following death is called:

Duress

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: