Question | Answer |
Violation of agreement of obligation | Breach of Contract |
Customs which has become to be recognized by the courts | Common Law |
Agreement between two or more parties | contract |
the most important statue in the field | Unifom Commercial Code |
Cause for terminating contract | Death or Insanity |
Substitution of a new party for the original | Novation |
Election to avoid a contract | Disaffirmance |
One who promises to refrain from doing something: | Forbearance |
Restatement of ones willingness | Ratification |
Whatever the promissory demands and receives as the price | Consideration |
The party to whom appoints another to act in his name | Principal |
The party to whom commerical paper is made payable | Payee |
The person who executes a draft | Drawer |
When the drawee of a bill of exchange indicates his willinness | Acceptor |
Ther person or business concerns who is ordered to pay bill or draft | Drawee |
If the payee of commercial paper is indicated as cash or myself | Bearer |
The substitution of a new party for the original party | novation |
when one party to a contract breaches it the other party has the right to sue for breach of contrract but must exercise this right within time fixed by a statue | Statue of Limitation |
Customs, which have come to be recognized by the courts | Common Law |
A contract made by an insane person | Voidable Contract |
Any rate above the maximum rate | Usurious |
When one promises to refrain from doing something is | Forbearance |
The statute listing ceratin classes of contract, which must be in writing to be enforceable | Statute of Frauds |
The means where by one party conveys his rights in a contract to another who is not a party to the original contract | Assignment |
An association of individuals united for a common purpose and permitted by law | Corporation |
A corporation has a distinct existence separate and apart from the existence of its individuals member which is known as | Entity |
Shareholders | Owners of a Corporation |
The right to declare dividends depends upon the diescretion of the | Board of Directors |
The profit of a corporation belongs to the corporation until set aside by the directors for distributions as | Dividends |
All physical items that are not real property are classified as | Personal Property |
A contract tha is of no legal effect | Void Contract |
A contract that may be set aside by at least one of the parties | Voidable Contract |
A contract, which is enforceable by the court | Valid |
You receive an offer in the mail containing no stipulations, the agreement is complete when the acceptances are | Placed in the mail by the offer |
One who induces another to enter into a contract as a result of intentionally or recklessly false statement | Fraud |
Rules of vivil conduct commanding what is right and prohibiting what is wrong | Laws |
Church made law | Common Law |
Means of destroying another free will be obtaining his consent to contract by means of threat | Duress |
Trust of Confidence | Fiduciary |
A breach of the duty of care one individual has towards another | Tort |
The maximum amount of interest that may be charged | Contract Rate |
Any rate above the maximum rate | Usurious |
The court having sole jurisdiction over estate is | Probate |
When physical possession of a dead body lies with on funeral director but another funeral director has control of the final disposition, thi is called | Constructive Possession |
The person in possession of commercial paper | Holder |
When the payee of commercial paper writes his name on the back of it before delivering it to another party | Indorser |
Written instruments drawn in a special form | Negotiable Instruments |
An unconditional written promise to another signed by a Maker engaging in pay on demand or an fixed times, a slip containing money to order, or to the borrower | Promissory Note |
A draft drwn on a bank and payable on demand | Check |
The contract between a principal and an agent creates a relationship called | Agency |
An association of individuals united for a common purpose | Corporation |
A written disposition of property | Will |
When a person dies without a will | Intestate |
A person who dies leaving a valid will | Testator |
An addition or modification of a will | Codicil` |
The damage awarded to an injured party in a contract | Compensatory Damages |
The extinction of withdrawal of a legacy | Ademption |
A will written entirely by the testator in his own handwriting | Holographi Will |
A proportion reduction of a legacy by an act equivalent | Abatement |
The condition of an estate on a deceased person, which is unable to pay the debts | Insolvent Estate |
One having primary right | Surviving Spouse |
Rate charged when parties are silent as to the interst rate | Legal rate |
The one who institutes the action | Plaintiff |
Of no legal effect | Void |
The one against action is brought | Defendant |
Concerns primarily those rules that are enforceable by law | Valid Contract |
Concerns primarily those rules of conduct prescribed by the government for performance of business transaction | Business Law |
The one to whom the right of assignment is transferred | Assignee |
Spoken Words | Parole (papel) Evidence |
Maximum rate of interst that can be charged | Contract Rate |
The one who makes the assignment | Assignor |
Where the original trial is conducted | Trial Court |
Initiates the complaint | Plaintiff |
One who the plaintiff complains on | Defendant |
Makes an offer | Offeror |
Accepts and Offer | Offee |
One who is authorized by his principal to transact a specific act or series of acts is a | Special Agent |
Pary appointed by the principal | Agent |
Made under a seal | Formal Contract |
Involves an injury to another | Tort |
Threat of harm | duress |
Unwritten law | Common Law |
Chancery Court | Equity law |
Person named in a will to carry out the terms of the will | Executor |
Not enforceable by law | Void Contract |
Enforceable by law | Valid Contract |
One-sided contact | Unilateral Contract |
Mutual exchange of promises | Bilateral Contract |
Legal status of a dead human body | Quasi-Property Rights |
Law | Jurisprudence |
Surviving wife or husband | Spouse |
Persohn receiving personal property in a will | Legatee |
Person receiving Real Property | Devisee |
Action to recover possessions of property unlawfully retained | Replevin |
When the family during an arrangement, it is a good ethical practice to | Provide the family with documentation of all business transactions |
Right of a state to regulate matters pertaining to the dead | Police Power |
Trust or confidence | Fiduciary Agreement |
State boards of funeral service | Administrative Law |
A contract under seal is called | A formal Contract |
Mutual mistakes as to the existence of the subject matter render a contract | Void |
The election to void a contract is | Disaffirmance |
A restatement of ones willinness to be bound by his promise made during minority is calle | Ratification |
a contract made by a legally declared insane person is | Void |
When a funeral director has a dead human body in his care, he is properly termed | Custodian |
When a funeral director has the personal effets of a dead human body in his possession | Bailee |
A person appointed by the court to oversee the estate of an intestate is called | Administrator |
A personal representative of the decedent appointed in the will to carry out the provisions of the will is called | Executor |
State board of funeral service | Administrative law |
Municipal Law | Ordinances |
The power or authority that each court has to hear cases | Jurisdiction |
In order to be enforceable a valid contract must meet | 1. Mutual agreement 2. competent parties 3. Lawful purpose 4. consideration |
Mutual exchange of promises | Bilateral Contract |
the filing and proving of the iwll following death is called | Probate |
Harming or injuring a person by restricting his freedom | False Imprisonment |
Receives proceeds from a policy | Beneficiary |
The insurer | Underwriter |
Consideration insured pas for protection | Premium |
Amount insurer agrees to pay | Face Amount |
Person protected against the loss | Policyholder |
A contract in which the terms have not been fully performed | Executory |
A contract in which undue influence was proven | Voidable |
Ethical consideration in regards to the care of the deceased body | Entrusted care by the family |
In maintaining high standard of conduct with competitior the funeral director should | Respect the bereaved families choice of funeral establishment |
An ethical obligation to your professional association | Urge professional solidarity |
A system or code of morals of a particular philosopher, religion, group or profession is called | Code of Ethics |
Person making a will | Testator |
Person receiving a gift of real estate in a will | Devisee |
When the duty of care of Motorists owes other motorists is breached and results in injury or damages to another | Tort |
Stand by the Decision | Stare Decisis |
Municipal Law | Ordinance |
Unwritten Law | Common Law |
Law of the Sea | Adminlity Law/Maritime Law |
A bill of exchange | Draft |
Harming a person by threatening to beat him | Assault |
Harming a person by defaming him orally | Slander |
Harming by defaming a person in writing | Libel |
Skeleton does not constitute a dead human body | (blank) |
Blood relation | Consanguinity |
Action to recover possession of property unlawfully retained | Replevin |
Land, Timber, Minerals, and Buildings | Real Property |
Property rights consisting merely of evidence of ownership | Intangible |
Personal property, which can be seen and touched | Tangible Property |
The purpose of Tort is to compensate the aggrieved not to punish the wrong doer | (blank) |
May be set aside by at least one of the parties | Voidable contract |
The damages awarded on injured party in a contract exact amount in the loss | Compensatory Damages |
When a funeral director has a dead human body in his care, he is properly termed a | custodian |
When a funeral director has the personal effects of a dead human lady in his possession he is properly termed | bailee |
A person a pointed by the court to oversee the deceased estate is called | administrator |
A personal representative of the decedent appointed ill the will to carry out the provisions of the will is called | executor |
A funeral director may serve an estate as _____________ or _________________ | administrator, executor |
A written disposition of property, real or personal to take eject at the death of an individual is called | will |
When a person dies without a will he is said to die | intestate |
A person who dies leaving a valid will is called a | testator |
An addition or modification of a will is known as a | codicil |
The cling and proving of the will following oath is called | probate |
A contract that is of no legal effect is | void |
A contract that may be set aside by at least one of the parties is | voidable |
A contract which is enforceable by the courts is | valid |
You receive an offer in the mail containing no stipulation as to the acceptance, and you decide to return 'your acceptance by pail: agreement is complete when the acceptance is | placed in mail by offeree |
one who includes another to enter into a contract as a result of a intentionally or recklessly false statement of a material fact is guilty of | fraud |
A means Of destroying another's free will by obtaining his consent to a contract by means of threat to do him some harm is | duress |
A term involving a relation Of trust or confidence | fiduciary |
breach Of duty of care one individual has toward others is calve | tort |
The maximum amount of interest that may be charged is called the | contract rate |
Any rate of interest above the maximum rate allowable by law is said to be | usurious |
A contract in which the terms have not been fully performed by all the parties is said to be | executory |
a contract in which undue influence was proven is considered | voidable |
the laws of city councils are called | ordinances |
the power or authority which each court has to hear cases is called its | jurisdiction |
A draft drawn on a bank and payable on demand is a | check |
the disinterment of a dead human body is accomplished by court order through the ________________ or __________________ | coroner, presiding judge |
Right of a state to regulate matters pertaining to the dead | Police Power |
Church made law | Canon law |
One who is authorized to carry on all of his principal's business at a particular place or at all of his principals business of a particular kind is a ______________ agent | general |
the written contract of agency is known as | power of attorney |
the party who appoints another party to act in his name in forming contracts with third parties is called | principal |
the person who executes a promissory note is called the | maker |
a person who becomes the holder of commerical paper by indorsement and delivery is called the | indorsee |
a bill of exchange is commonly called a | draft |
physically beating someone is called | battery |
restricting a persons freedom is known as | false imprisonment |
this person receives proceeds from a policy | beneficiary |
the insurer is known as the | underwriter |
consideration insured pays for protection is called | premium |
the amount insurer agrees to pay is called the | face amount |
the person protected against the loss is known as the | policy holder |