mortuary law and business law

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mortuary law and business law
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2016-08-02 00:00:29
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  1. when a funeral director has a dead human body in his care, he is properly termed a
    custodian
  2. when a funeral director has the personal effects of a dead human body in his possession, he is properly termed
    bailee
  3. a person appointed by the court oversee the estate of an intestate is called
    administrator
  4. a personal representative of the decedent appointed in the will to carry out the provisions of the will is called
    executor
  5. the right to sue the federal government is derived from
    the federal claims act
  6. a written disposition of property, real or personal, to the effect at the death of an individual is called a
    will
  7. a person who dies leaving a valid will is called a
    testator
  8. when a person dies w/o a will, he is said to die
    intestate
  9. an addition or modification of a will is known as a
    letters testamentry
  10. the filling and proving of the will following death is called
    probate
  11. a contract that is of no legal effect is
    void
  12. a contract that may be set aside by at least one of the parties is
    voidable
  13. s is
    valid
  14. you receive an offer in  the mail containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. the agreement is complete when acceptance is
    placed in the mail by the offeree
  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
  16. a private or civil wrong, either intentional or caused by negligence, for which there may be action for damages is
    TORT
  17. a term involving a relation of trust or confidence is
    fiduciary
  18. a breach of the duty of care one individual has toward others is called
    negligence
  19. the maximum amount of interest that may be charged is called the
    contract rate
  20. any rate of interest above he the maximum rate allowable by law is said to be
    usurious
  21. a contract in which the terms have not been fully performed by all the parties is said to be
    executory
  22. a contract in which undue influence was proven is considered
    voidable
  23. the laws of city councils are called
    ordinances
  24. the power or authority which each court has to hear cases is called its
    jurisdiction
  25. in order to be enforceable, a valid contract must meet what
    • mutual agreement
    • competent parties
    • supported by consideration
    • lawful prupose
  26. a contract under seal is called
    formal
  27. mutual mistakes as to the existence of the subject matter renders a contract
    void
  28. the election to void a contract is called
    disaffirmance
  29. a restatement of one's willingness to be bound by his promises made during minority is called
    ratification
  30. a contract made by a legally declard insane person is
    void
  31. a contract made by a person who is intoxicated, but aware of the consequences of his/ her actions is
    valid
  32. whatever the promisor demands and receives as the price for his promise is called
    consideration
  33. when one promises to refrain from doing something, his conduct is known as
    forbearance
  34. the statute listing certain classes of contracts which must be in writing to be enforceable is called the
    statute of frauds
  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
  36. the substitution of a new party for the original party who is to perform is called
    novation
  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 this right within the time fixed by a statute which is called
    statute of limitations
  38. customs which have come to be recognized by the courts as law describes
    common law
  39. a contract made by an insane person who has not been declared so judicially is
    voidable
  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
  41. written instruments 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
    compensatory Damages
  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
  43. a draft drawn on a bank and payable on demand is a
    check
  44. the contract btwn a principal and an agent creates a relationship called
    agency
  45. an association of individuals united for a common purpose and permitted by law to used a common name and to change its members without dissolution of the associations
    corporation
  46. a corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(an)
    entity
  47. the owners of a corporation are known as
    stockholders
  48. the right to declare dividends depends upon the discretion of the
    board of directors
  49. the profits of a corporation belong to the corporation until set aside by the directors for distribution as
    dividends
  50. all physical items that are not real property are classified as
    personal property
  51. anything that may be owned, possessed, used, or disposed of for a price is called
    property
  52. land, timber, minerals, buildings, and other manmade property permanently attached to land are called
    real property
  53. property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks, are
    intangible personal property
  54. personal property which can be seen and touch is
    tangible personal property
  55. the law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is
    tort law
  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 motorist has committed a
    tort
  57. the extinction or withdrawal of a legacy  by an act equivalent to revocation is called
    ademption
  58. a will written entirely by the testator with his own hand is properly termed a
    holographic will
  59. a proportional reduction of a legacy when the funds or assets out which such legacy are payable are not sufficient to pay it in full is
    abatement
  60. the condition of an estate of a deceased person which is unable to pay the dents of the decedent and/or the estate is referred to as being
    insolvent estate
  61. of the following, under normal circumstances, the one(s) having the primary right to control final disposition of a decease person is
    brothers and sisters
    grandparents
    children of legal are
    parents
    children of legal age
  62. when a dead human body is in the mortuary, the funeral home is said to have
    actual custody
  63. perjury is
    false testimony
  64. a document which defines the relationship of the government itself and of its citizens is
    a constiution
  65. in the field of business law, the most important statute is
    the uniform commercial code
  66. a permanent order, issued by a curt, forbidding activities which would be detrimental to other is
    an injunction
  67. to read the charge of an indictment is
    to arraign
  68. defamation of character by spoken words or gestures is
    slander
  69. laws enacted by legislative bodies are
    statutes
  70. in the state court, the chief officer is
    the judge
  71. a temporary order forbidding a certain action is
    a restraining order
  72. the court having sole jurisdiction over estates is
    the probate court
  73. common law is based on
    customs
  74. parole evidence is
    spoken words
  75. a formal written command issued by a court of law
    a writ
  76. the failure to volunteer or reveal information not requested is termed
    concealment
  77. what is NOT a type of inferior state court
    Juvenile court
  78. Laws passes by local governments are
    ordinances
  79. the doctrine of stare decisis is concerned with
    case law
  80. a court of original general jurisdiction is
    a trial court
  81. the law of the land in the United States is the
    U.S. Constitution
  82. what is right and just refers to
    equity
  83. the party who institutes a court action is the
    plaintiff
  84. the highest of the land in the U.S. is the
    U.S Supreme court
  85. the highest court of a state is the
    state supreme court
  86. a process may be referred to as
    a summons
  87. the decision of a jury is the
    verdict
  88. a federal court of appeals is
    an appellate court
  89. common law developed in
    england
  90. rules of civil conduct commanding what is right and prohibiting what is wrong defines
    law
  91. law which is concerned primarily with those rules of conduct involving financial transactions btwn individuals or legal entities is
    business law
  92. orders and decrees from governmental agencies which have the force of law is considered
    administrative law
  93. a contract made by a person who is so intoxicated as to be unaware of the consequences is
    voidable
  94. a newspaper advertisement can be an offer if it shows
    intent
  95. an expressed willingness from a person to enter into a contractual agreement is
    an offer
  96. what is a mistake that does NOT render an agreement defective
    terms of the contract
  97. to cancel or annul or avoid a contract is to
    rescind
  98. a person below the adult age is
    a minor
  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
  100. a contract made with which of those ppl would be considered void
    Judicially declared insane person
  101. a change of parties with the formation of a new contract is
    novation
  102. the violation of the terms of a contract is referred to as
    breach of contract
  103. a term for blood kin is
    consanguinity
  104. the right a minor has to avoid a contract is termed
    disaffirmance
  105. generally, a minor is fully liable for his/her
    torts
  106. what is necessary for a human to live
    cloths, food, shelter
  107. the Status of Frauds state that for contracts classified under this statue to be enforceable they must be
    written contracts
  108. a term which means the transfer of one's duty alone w/o transfer of right is
    delegation
  109. Usury is a term which refers to
    excess interest
  110. a breach of contractual obligation other than money is
    default
  111. the term which means a fact could alter one's decision to enter into a legal binding contract is
    a material fact
  112. contracts in which fraud is proven are considered
    voidable
  113. price fixing agreements are
    illegal
  114. oral contracts are
    spoken
  115. an offer is rejected by
    a counteroffer
  116. the party who makes the offer is the
    offeror
  117. what can be classified as a necessary
    medical bill
  118. a contract whose terms have been fully carried out is
    excuted
  119. a contract must always be
    an agreement
  120. a contract which is based upon acts done in consideration for a promise is called
    a unilateral contract
  121. a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as
    an implied contract
  122. a contract in which the parties make known their intentions by words is
    an express contract
  123. a contract which is written so that either party may consider it as a joint obligation or a group of individual obligation is
    a joint and several contract
  124. caveat Emptor means
    let the buyer beware
  125. when a buyer takes actual possession of goods which have been offered for sale, this action is called
    an acceptance
  126. goods which are owned by the seller and are physically in existence at the time of the contract are known as
    existing goods
  127. when the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as
    identified goods
  128. goods of a homogenous nature which are sold by weight or measure are known as
    fungible goods
  129. bailment in which the bailee does not receive any compensation is
    gratuitous bailment
  130. reasonable care, under the circumstances, is a required standard in ordinary bailment by the
    bailee
  131. a carrier owned by a shipper for the purpose of shipping its own goods is
    a private carrier
  132. a document of title which sets forth the contract btwn the shipper and the carrier is the
    bill of lading
  133. the deposit of tangible personal property as security for some debt or obligation is
    a pawn
  134. in a bailment, the person who retains title but gives up possession of the goods is the
    bailor
  135. in an auction, goods which are offered for sale that cannot be withdrawn are classified as
    goods offered w/o reserve
  136. a carrier that transports goods or persons for a fee for all who apply for the service and w/o discrimination is called a
    common carrier
  137. endorsements of commercial paper include what
    • blank endorsement
    • qualified endorsement
    • restrictive endorsement
  138. the person who signs a promissory note and is obligated to pay at maturity is called the
    maker of the note
  139. a sealed written contract usually issued by a corporation, a municipality, or a government which contains a promised to pay a sum certain in money at a fixed or determinable future time is
    a bond
  140. a check that a bank draws on it own funds and is signed by a responsible bank official but may be used by anyone to pay a debt is called
    a cashier's check
  141. an endorsement which limits the liability of the endorser is called a
    qualified endorsement
  142. the most common method of creating an agency is by
    appointment
  143. factors del credere are
    commission merchants
  144. an individual who brings together contracting parties is called
    a broker
  145. the party appointed by another to act in his/her name in forming contracts with third parties is
    an agent
  146. the party who appoints an agent is the
    principal
  147. one who receives possession of another's property for sale on commission is
    a factor
  148. 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
    an attorney in fact
  149. a principal owes which of the following duties to the agent
    compensation
  150. an agent owns what duties to his principal
    loyalty and good faith
  151. an agency is terminated by operation of the law if what conditions occur
    death or incapacity of either principal or agent
  152. ownership of corporate stocks is represented by
    stock certificates
  153. an advantage to a corporation is
    limited liability
  154. a gift of personal property received through a will is a
    bequest
  155. a nuncupative will is
    an oral will
  156. the right that one person has to use the property of another for a special purpose is known as
    an easement
  157. a charge against another's property as security for a debt or claim is
    a lien
  158. the power of government to take private property against the objection of the owner for public purpose is
    eminent domain
  159. a lien or mortgage against real property is
    an encumbrance
  160. what is classified as movable personal property
    furniture
  161. the person who receives the proceeds from an insurance policy is called the
    beneficiary
  162. a written insurance contract is
    a policy
  163. a reducing term insurance policy plus saving account is called
    an endowment policy
  164. a life insurance policy in which premium payments continue to death or until age 100, whichever occurs first, is
    a whole- life policy
  165. another term for the insurer is
    underwriter
  166. the person protected against a loss is the
    policy holder
  167. the consideration of an insurance policy is
    a premium
  168. in regards to the no-property theory, the dead body was under the control of the
    church
  169. the power to adopt laws for the protection of the public is
    police power
  170. An action to recover possession of property unlawfully detained is
    replevin
  171. the term synonymous to a dead body is
    corpse
  172. the major source of mortuary law is
    common law
  173. a dead human body used for anatomical study is a
    cadaver
  174. the most positive sign of death is
    decomposition
  175. the legal status of a dead human body known as the property theory is
    never used in this county
  176. Quasi-property means
    almost property
  177. the law states that every person has the right
    decent burial
  178. embalming is a form of
    mutilation
  179. a trade embalmer acts as
    an independent contractor
  180. another term for autopsy is
    necropsy
  181. Exhumation is a term for
    disinterment
  182. a funeral home's family car is considered a
    private carrier
  183. a probate court is concerned with
    wills
  184. a dead human body is said to be
    quasi-property
  185. a dead human body
    is not property in a real sense
  186. as a rule, the right of decent disposal belongs to the
    surviving spouse
  187. with regard to the dead human body, the courts have adopted a
    quasi-property theory
  188. a surviving spouse may avoid being written out of a will by invoking
    the inheritance statute
  189. the method of dividing an intestate estate where a class or group of distributes take the share which their deceased should have been entitled to ,and not as so many individuals is distribution
    per stirpes
  190. what is not considered to be consanguineous
    the wife
  191. a person receiving a gift or real estate in a will is
    a devisee
  192. the person who is the beneficiary of personal property by a will is the
    legatee
  193. an oral will stated to a witness is a
    nuncupative will
  194. another name for a prosecutor is
    district attorney
  195. a contract is a legally enforceable agreement bwtn
    two or more legally competent persons
  196. the requirement for a valid offer includes what
    • 1) it must appear to be seriously intended
    • 2) it must be communicated to the offeree
  197. the two essential elements of a contract are
    • 1) there must be an offer
    • 2) there must be acceptance
  198. duress is classified according to the nature of the threat as
    • 1) physical duress
    • 2) emotional duress
    • 3) economic duress
  199. Parties who acquire rights superior to those of the original owner are known as
    holder in due course
  200. a foreign corporation is one that is chartered in
    another state
  201. for certain contracts to be enforceable they must be in writing according to the Statute of Frauds. they include
    • contracts for sales of $500 or more
    • contracts that can't be completed in one year
  202. a sale is different from a contract to sell in that in a sale
    the title and the item are transferred upon completion of the transactions
  203. accord and satisfaction is an agreement made and executed in satisfaction of the rights one has
    from a previous contract
  204. a crime usually punishable by death or incarceration in a penitentiary for more than one year is a
    felony
  205. damages in excess of those required to compensate the plaintiff for the wrong done are
    punitive
  206. courts that handle divorce and child custody cases are known as
    domestic relations courts
  207. a punishable offense against society is defined as a
    crime
  208. for the average citizen, the most important courts of the state court system are the
    courts of original general jurisdiction
  209. a contract in which two or more ppl individually agree to perform the same obligation is called
    several contract
  210. the power or authority which each court has to hear cases is called
    jurisdiction
  211. a contract in which two or more persons are bound both jointly and individually is known as a
    joint and several contract
  212. a partner who takes no active part in the management of the business, but who possibly may be known as a partner is a
    silent partner
  213. courts concerned with delinquent, dependent, and neglected children are called
    juvenile courts
  214. a life insurance policy which continues until the death of the insured is
    whole life
  215. courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as
    special federal courts
  216. a partnership engaged in the buying and selling o merchandise is a(n)
    trading partnership
  217. failure to exercise reasonable care toward another party is known as
    negligence
  218. an action to recover passion of property unlawfully detained is termed
    replevin
  219. the failure to perform with ability and care normally exercised by ppl in the profession is known as
    malpractice
  220. Laws designed to prevent one individual or group from controlling too large a share of the market for a product are called
    antitrust laws
  221. corporations formed by individuals to perform some non-governmental function are called
    private corporations
  222. the recorder in state and federal courts is the
    clerk
  223. a partnership in which one partner's liability is limited to a capital contribution only is a
    limited partnership
  224. person who sign a promissory note and obligate themselves to pay at maturity are called the
    Makers
  225. unwritten law
    common law
  226. stand by the decision
    stare decisis
  227. municipal law
    ordinance
  228. law of the sea
    admiralty law
  229. law enacted by legislature
    statute
  230. does  not constitute a dead human body
    skeleton
  231. right of a state to regulate matters pertaining to the dead
    police power
  232. based on trust
    Fiduciary agreement
  233. church made law
    canon law
  234. state boards of funeral service
    administrative law
  235. action to recover possession of property unlawfullydetained
    replevin
  236. surviving husband or wife
    spouse
  237. law
    jurisprudence
  238. blood-relation
    consanguinity
  239. legal status of a dead human body
    quasi-property rights
  240. person receiving personal property in a will
    Legatee
  241. person making a will
    testator
  242. person appointed by court to settle the estate of an intestate
    administrator
  243. person receiving a gift of rel estate in  will
    devisee
  244. person named in a will to carry out terms of will
    executor
  245. made under a seal
    formal contract
  246. not enforceable by law
    void contract
  247. enforceable by law
    valid contract
  248. one sided contractb
    unilateral contract
  249. mutual exchange of promises
    bilateral contract
  250. involves an injury to another
    tort
  251. unwritten law
    common law
  252. threat of harm
    duress
  253. chancery court
    equity law
  254. where the original trial is conducted
    trial court
  255. the person who makes the offer
    offeror
  256. the person to whom the offer is made
    offeree
  257. the person filing the suit
    plaintiff
  258. the person against whom the suit is filed
    defendant
  259. cause for terminating the contract
    death or insanity
  260. substitution of a new party for the original party who is to perform
    novation
  261. election to avoid a contract
    disaffirmance
  262. one's promise to refrain from doing something
    forbearance
  263. restatement of one's willingness to be bound to a contract made during minority
    ratification
  264. whatever the promisor demands and receives as the price for his promise
    consideration
  265. the violation of an agreement or obligation
    breach of contract
  266. custom which has come to be recognized by the courts
    common law
  267. agreement between two or more parties that is enforceable at law
    contract
  268. the most important statute in the field of business law
    Unifoem Commercial Code
  269. concerns primarily those rule of conduct prescribed by government for performance of business transaction
    business law

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