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Stack #142430

QuestionAnswer
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
Created by: astarkey
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