Law - Test 2

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bridgetstadum
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144796
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Law - Test 2
Updated:
2012-03-30 20:25:24
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Law Test
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Law - Test 2
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  1. Proving of will
    Probate
  2. Legal document directing how real & personal property should be distributed after death of person making will, known as testator
    Will
  3. While all states have their own laws describing requirements for a valid will most include
    • Testamentary capacity & legal age
    • Freedom from duress
    • Fraud
    • Undue influence
    • Writing
    • Witnesses
    • (All of these)
  4. Refers to physical and mental condition and age of person making will
    Testamentary capacity and legal age
  5. Varries from state to state
    Legal age
  6. Will written completely in makers handwriting, then signed & dated
    Holographic
  7. Oral will
    Nuncupative
  8. In those states in which it is permitted, it is valid only if made during makers final illness before witnesses and signed
    Oral will
  9. Special will made by person on active dury in armed forces
    Soldiers & sailors will
  10. Like valid contract, valid will must always be
    For legal purpose
  11. Valid will must always be in ____. An exception to this requirement is a nuncupative will
    Writing
  12. To be valid will must be
    Signed by testator
  13. In most states will must be signed in presents of ___ depending on state
    Either 2 or 3 witnesses
  14. Will written entirely by testator with own hand
    Holographic
  15. Soldiers and sailors will is a nuncupative will, informal in nature, where soldier in field or sailor at sea may dispose of
    Personal property only
  16. Cancellation of instrument, act, license, or promise
    Revocation
  17. Additions or corrections to will
    Amendments
  18. Revocation of will may occur by
    • Act of testator
    • Operation of law
    • Codicil
    • (All of these)
  19. Addition or amendment of last will and testament executed with same formality of will
    Codicil
  20. Proportional reduction of legacy under will when assets out of which such legacy are payable are not sufficient to pay in full
    Abatement
  21. Extinction or withdrawal of inheritance because decedent did not own property at time of death
    Ademption
  22. State of condition of dying without having made will
    Intestacy
  23. Order of intestate succession
    • 1 - Surviving spouce
    • 2- children
    • 3 - absent any children, surviving parents
    • 4 - state
  24. Method of dividing estate by which equal share is given to each number of persons, all of whom stand in equal degree to decedent
    Per capita
  25. Method of dividing estate where class or group of descendents take share which their deceased would have been entitled to had their deceased survived
    Per stirpes
  26. Forfeiture of decedent's property to state in absence of heirs
    Escheat
  27. Man appointed in will to carry out provisions thereof and settle estate
    • Executor - man
    • (Executrix - woman)
  28. Man appointed by court to settle estate
    • Administrator (intestacy)
    • (Administratrix - woman)
  29. Duties of personal representatives
    • Inventory
    • File and pay taxes
    • Pay claims
    • Accounting
    • (All of these)
  30. One who inherits
    Heir
  31. One who inherits personal property
    Legatee
  32. One who inherits real estate
    Devisee
  33. Gift of personal property by will
    • Legacy or Bequest
    • (Both A & B)
  34. One who inherits real estate under will
    Devise
  35. Insolvent estate (state statute controls priority of claims) - usual priority of claims
    • 1 - Funeral expenses (preferred claim)
    • 2- Administration expenses
    • 3- Taxes
    • 4 - Last illness
    • 5 - Other
  36. Instrument in writing authorizing one person to act as agent for another
    Power of attorney
  37. Power of attorney may be
    • General
    • Springing
    • Durable
    • (All of these)
  38. Instrument in writing authorizing one person to do anything for principal
    General power of attorney
  39. Instrument in writing authorizing one person to act as agent for another affective only upon certain even occurring
    Springing power of attorney
  40. When person executes power of attorney which will become or remain effective in event he or she should later become disabled
    Durable
  41. Document which governs withholding or withdrawal of life-sustaining treatment from an individual in event of incurable or irreversible condition that will cause death within relatively short time, and when such person is no longer able to make decisions regarding his or her medical treatment
    Living will
  42. Federal stature that governs express and implied warranties
    Magnuson-Moss Warranty Act
  43. Generally the purpose of the employment provisions of the ___ is to prohibit employers from discriminating against disabled individuals in all phases of employment relationship
    ADA
  44. Funeral homes with __ or more employees fall under coverage of ADA
    15
  45. Under the ___ of the OSHA las states that each employer has to furnish each of its employees with employment and place of employment free from recognized hazards
    General Duty Clause
  46. Training records, under Bloodborne Pathogen Standard, must be kept for __ years
    3
  47. Person representative of decedent appointed in will to carry out provisions of will
    Executor
  48. When person dies without will
    Intestate
  49. Person who dies leaving valid will
    Testator
  50. Addition or modification of will
    Codicil
  51. Filing and proving of will following death
    Probate
  52. Extinction or withdrawal of legacy by act equivalent to revocation
    Ademption
  53. Will written entirely by testator with his own hand
    Holographic will
  54. Proportional reduction of legacy when funds or assets out of which such legacy are payable are not sufficient to pay it in full
    Abatement
  55. Condition of estate of deceased person which is unable to pay debts of decedent and/or the estate
    Insolvent estate
  56. Gift of personal property received through will
    Bequest
  57. Nuncupative will
    Oral will
  58. Embalming is form of
    Mutilation
  59. Funeral home's family car is considered
    Private carrier
  60. Probate court is concerned with
    Wills
  61. Surviving spouce may avoid being written out of will by invoking
    Inheritance statute
  62. Method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as so many individuals is distribution
    Per stirpes
  63. Person receiving gift or real estate in will
    devisee
  64. NOT considered to be consanguineous (blood relative)
    Wife
  65. Person who is beneficiary of personal property by will
    Legatee
  66. Person making will
    Testator
  67. Person receiving gift of real estate in will
    Devisee
  68. Person named in will to carry out terms of will
    Executor
  69. Person appointed by court to settle estate of intestate
    administrator
  70. Person receiving personal property in will
    Legatee
  71. One who is authorized to carry on all of his proncipal's business at particular place or all of his principal's business of particular kind
    General agent
  72. Written contract of agency
    Power of attorney
  73. One who is authorized by his principal to transact a specific act or a specific series of acts
    Special agent
  74. Party appointed by principal to act in his name in contracting with third party
    Agent
  75. Party who appoints another to act in his name in forming contracts with third parties
    Principal
  76. The Fair Labor Standards Act covers which areas of employment law that are important to funeral service
    • Minimum wage
    • Overtime compensation
    • Equal pay
    • (All of these)
  77. Living will that would be entered into for health reasons
    • Health care directive
    • Power of attourney for health care
    • (Both A & B)
  78. Types of OSHA inspections
    • Routine/Program
    • Target
    • Complaint
    • Accident
    • Follow-Up
    • (All of these)
  79. Mainstate in OSHA Hazard Communication Standard
    MSDS
  80. FTC requires that there be minimum of __ items listed on the Goods and Services sheet
    16
  81. Under this act employers may not discriminate on thebasis of sex by paying employees of one sex at rates lower than they pay employees of the opposite sex in the same establishment, for doing equal work
    Equal Pay Act
  82. Is U.S. law that regulates the collection, dissemination, and use of consumer information, including consumer credit information
    Fair Credit Reporting (FCRA)
  83. Agency of federal government charged with protecting human health and the environment, by writing and enforcing regulation based on laws passed by congress
    EPA - U.S. Environmental Protection Agency
  84. U.S. law designed to promote informed use of consumer credit, by requiring disclosures about its terms and cost to standardized the manner in which costs associated with borrowing are calculated and disclosed
    Truth-In-Lending (TILA)
  85. Federal statue which governs express and implied warranties
    Magnuson-Moss Warranty Act
  86. In order to fall under the exigent circumstances exception, what conditions must be fulfilled
    • Due diligence
    • FD has no reason to believe family does not want embalming
    • After embalming body, FD informs family that if they choose funeral that does not require embalming, no embalming fee will be charged
    • (All of these)

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