Comps Law Extra Questions

Bailment

What is the transfer of possession, but not title, of personal property by one party to another, under agreement?

Civil Law

What are legal proceedings concerned with the rights of public citizens?

Formal Contract

What are those contracts which must be in special form or produced in a certain way, such as under seal?

Independent Contractor

Who is one who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as to means by which the contract is executed, except for specifications established in the contract?

Express Contract

What is a contract in which the parties express their intentions, either orally or in writing at the time of the agreement?

Defendant

Who is the person against whom legal action is brought?

Common Law

What are customs which have become recognized by the courts as binding on the community?

Duress

What is a means of removing one's free will, obtaining consent by means of threat to do harm to the person, his family or property?

Contract

What is an agreement between two or more competent persons which is enforceable by law?

Implied Warranties

What is a warranty imposed by law, arising automatically because the sell has been made?

Judgement

What is a decision of a court?

Ordinances

What are laws enacted by local municipalities?

Plaintiff

Who is the individual who initiates a civil action?

Void Contract

What is a contract/agreement that is of no legal effect?

Stare Decisis

What is the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future?

Voidable Contract

What is a contract which would be an enforceable agreement, but due to circumstances, may set aside by one of the parties?

Custodian

What is the term for when the funeral director becomes legal protector of the dead human body from time of removal until final disposition?

Constructive Custody

What is having the authority to control disposition although another party has physical possession?

Intestate

What is the state or condition of dying without having made a will?

Federal Trade Commission (FTC)

What is an agency of the federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising, and unfair methods of competition?

Death

What is a state of complete and irreversible cessation of metabolic processes leading ultimately to dissolution of the organs.

Lien

What is a claim or charge against property for payment of some debt?

Funeral Director

Who is a person properly licensed, engaged in, or conducting, or holding himself out as being engaged in: (I) preparing, other than embalming, for burial or disposition of dead human bodies. (2) maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies?

Tort

What is a wrongful act committed by one person against another person or his property?

Precedent

What is a decision of a court which is thereafter followed as an example by other courts?

Reciprocity

What is the relationship existing between two states whereby each extends privileges of licensure to licensees of the other state?

Uniform Anatomical Gift Act

What is a law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives the right to another?

Quasi Property

What is the accepted theory of the legal status of a dead human body; rights associated with the body as if it were property for the purpose of disposition only?

Apprentice / Intern

Who is a person engaged in learning the practice of funeral directing and/or embalming under the instruction, direction or personal supervision of a duly licensed funeral director or embalmer?

Brain Death

What is the total and irreversible cessation of brain function as indicated by a flat EEG reading?

Common Carrier

What is any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid?

Cadaver

What is the term for a dead human body intended solely for scientific study and dissection?

Administrator

What is a person called who has been appointed by the court to settle an estate?

Abatement

What is a proportional reduction of a legacy under a will when assets out of which such legacy is payable are not sufficient to pay it in full?

Codicil

What is an addition or amendment of a last will and testament executed with the same formality as the will?

Assignment

What is a means whereby one party conveys rights to another person, who is not a party to the original contract.

Compensatory Damages

What is an award paid to the injured party to cover the exact amount of their loss, but no More?

Disaffirmance

What is the repudiation of, or election to avoid a voidable contract?

Injunction

What is a judicial order or decree forbidding the performance of a certain act?

Personal Property

What is all property which is not real property?

Nominal Damages

What is a token award to symbolize vindication of the wrong done to the plaintiff; generally the award is $1.00?

Clinical / Legal Death

The absence of all vital signs describes?

Negligence

What is the failure to exercise ordinary care; omission to do something a reasonable person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care?

Revocation

What is the omission or cancellation of an instrument, act, license, or promise?

Nuisance per se

What are acts, occupations, or structures which are nuisances at all times and under all circumstances.

Will

What is an instrument executed with required formality by a person making disposition of his/her property to take effect upon his/her death?

Punitive Damages

What is an award paid to the plaintiff in order to punish the defendant, or to compensate the plaintiff?

Sherman Antitrust Act

What is legislation intended to promote competition among businesses by prohibiting restraint of trade?

Ratification

What is confirming an act which was executed without authority or an act which was voidable?

Promissory Estoppel

What is an enforceable promise whereby one party justifiably acts in reliance upon the promise of another?

Undue Influence

What is improper influence that is asserted by one dominant person over another, without the threat of harm?

Valid Contract

What is a contract which will be enforced by the court?

Warranties

What are guarantees made by the seller that an article, good or service will conform to a certain standard or will operate in a certain manner?

Escheat

What is forfeiture of a decedent's property to the state in absence of heirs?

Summons / Process

What is a notice of complaint given to a defendant, defining the complaint and time frame in which a response, or answer must be filed, and which serves the purpose of conferring personal jurisdiction over the defendant.

Crime

What is an offense which is injurious to society as a whole?

Inheritance

What is the estate which passes from the decedent to his/her heirs?

Liability

What is the responsibility for wrongful acts?

Replevin

What is an action to recover possession of personal property?

Statute

What is a particular law enacted by a legislative body?

Probate Court

What is a court having jurisdiction over estates?

Nuisance

What is a landowner's use of property which interferes with the public or another landowner's use of his property?

Nuncupative

What is an oral will dictated by the testator during a last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing?

Statute of Frauds

What is a statute enacted in some form in all states listing certain types of contracts which could only be enforced if in written form.

Liquidated Damages

What is a provision in a contract fixing the amount of the damages to be paid in the event one party breaches the contract?

Novation

What is the change of one of the parties to a contract at the mutual agreement of the original parties?

Partnership

What is the voluntary association of two or more people who have combined their resources to carry on as co-owners of a lawful enterprise for their joint profit?

Guardian

What is a judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability?

Ethics

What is a set of moral principles or values governing individuals or groups?

Executor

What is the term for a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate?

Malpractice

What is failure to perform a professional service with the ability and care generally exercised by others in the profession?

Promissory Note

What is an unconditional promise in writing made by one party to another, signed by the maker, engaging to pay on demand or at a particular time, a particular sum of money to order of bearer?

Consideration

What is that which the promisor demands and receives as the price for a promise?

Bill of Lading

What is a contract existing between the consignor (shipper) and the carrier?

Bailment

What is the transfer of possession, but not title of personal property by one party to another, under agreement?

Breach of Contract

What is a situation in which one of the parties to a contract fails or otherwise refuses to perform the obligation established in that contract?

Mortuary Law / Mortuary Jurisprudence

What is that branch of the law which relates to matters concerned with the disposal of the dead?

Per Stirpes

What is the method of dividing an estate where a class or group of distributees take the share which their deceased ancestor would have been entitled to?

Fraud

What is the intentional or reckless false statement of a material fact, upon which the injured party relied, which induced the injured party to enter into a contract, at his or her detriment?

Limited Partner

What are partners who have their liability for the firm's debts limited to the amount of their investment called?

Unenforceable Contract

What is an agreement which is not in the form required by law, but can be made so by the parties?

Crime

What is an action in violation of constitution, statutes, or ordinances?

Antitrust Laws

What are laws which seek to promote competition among business?

Agent

Who is the party appointed by the principle to enter into a contract with a third party on behalf of the principal?

Commercial Paper / Negotiable Instrument

What is a writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit?

Felony

What is a criminal offense that is punishable by confinement in prison or by death?

Endorsement

What is the signature or statement of purpose by the owner on the back of a negotiable instrument, which indicates the future control of the instrument?

Universal Commercial Code

What is recognized as the most important statute in business law, it includes provisions which regulate certain sales of goods?

Ratification

What is a restatement of a promise made as a minor?

Sale

What is passing of title from seller to buyer for a price?

Battery

Beating him is….

Assault

Threatening to beat him is ….

Slander

Defaming him orally is …

Libel

Defaming him in writing is….

False imprisonment

Restricting his freedom is …..

the right to use another person's property

Easement on property is:

Constructive Custody

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

State Legislature

The main source for funeral service regulation?

Hotel Owner

A man dies in a hotel while on vacation with his wife and minor children. The local funeral home was called by the local police department for removal. The wife refuses to make funeral arrangements. Who had the Duty of Burial?

Exhumation / Disinterment

Removal of a dead human body or remains from its place of repose after final disposition has been completed?