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150 terms

MORT 275 - Mortuary Law I - Midterm Review Questions

Cypress College - MORT 275 - Mortuary Law I - Midterm Review Questions - Grande
STUDY
PLAY
Traditionally, which offense is classified as a felony?
MOACIR STOLE A CAR. THIS OFFENSE IS PUNISHABLE BY IMPRISONMENT FOR FIVE TO TEN YEARS
The principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future is called
STARE DECISIS
The legal system we have in America
IS BASED HEAVILY ON THE ENGLISH LEGAL SYSTEM OF COMMON LAW AND EQUITY
An objective of the law is to
SET RULES OF CONDUCT FOR MANY TRANSACTIONS
Statutes can be characterized as
ENACTED BY GROUPS OF PERSONS ELECTED BY THE VOTERS
Which of the following documents is designed to protect the civil rights and liberties of the citizens and the states
THE BILL OF RIGHTS
Administrative agencies
HAVE THE POWER TO REGULATE PARTICULAR MATTERS OR IMPLEMENT LAWS.
A criminal action
PUNISHES OFFENSES THAT INJURE SOCIETY AS A WHOLE
A tort action must be brought
THE INJURED PERSON
The penalty for breaching a rule that is a civil wrong is
DAMAGES
Appellate court decisions that establish precedent principles are collectively termed
CASE LAW
Which of the following provides relief other than merely money damages?
EQUITY
A permanent judicial order or decree forbidding the performance of a certain act is an
INJUCTION
Sources of American laws include
JUDICIAL DECISIONS, LEGISLATIVE STATUTES, CONSTITUTIONS AND ADMINISTRATIVE AGENCIES
Most of American law has its roots in
ENGLISH COMMON LAW
The power to issue cease and desist orders is termed
INJUCTIVE POWER
Which of the following statements is true?
WRITTEN LAWS ENACTED BY LEGISLATIVE BODIES ARE CALLED STATUES
An appeal is
A REQUEST TO A HIGHER COURT TO REVIEW A LOWER COURTS DECISION
The chief function of courts is to
INTERPRET AND APPLY THE LAW FROM WHATEVER SOURCE TO A SITATION
Which off the following statements is not true
THE ORIGINAL U.S. CONSTITUTION WAS ADOPTED IN 1791 AND GUARANTEED INDIVIDUAL RIGHTS FOR CITIZENS
A judicial admission
A FACT ACKNOWLEDGED IN A COURSE OF LEGAL PROCEEDING
In order to try a case a court must have jurisdiction
OVER BOTH THE SUBJECT MATTER OF THE CASE AND THE PERSONS INVOLVED
The original trial of a court case is conducted by
TRIAL COURTS
Federal district courts
HEAR ALL CRIMINAL CASES INVOLVING A VIOLATION OF FEDERAL LAW
The U.S. supreme court
HAS APPELLATE JURISDICTION IN CASES BASEDON THE US CONSTITUTION, A FEDERAL LAW OR TREATY
Kevin sued his employer in U.S. district court for violations of federal antidiscrimination laws. Judgment was entered in favor of the employer, and Kevin wished to appeal the judgment. Under these facts, Kevin will appeal the judgment. Under these facts, Kevin will appeal the judgment to which court?
U.S COURT OF APPEALS
Which of the following statements is true?
TORTIOUS ACTS CAN SOMETIMES BE CONSIDERED CRIMES ALSO
The administrative steps taken after the arrested person is brought to a police station, which involved entry of the persons name, the crime for which the arrest was made, and other relevant facts on the policy "blotter": and which may also include photographing, fingerprinting, and the like is termed
BOOKING
In a typical state court system, which would be correct?
GARCIA IS SUING SINCER MEMORIES AND EVERLASING LEGACIES FOR $60,000 FOR BREACH OF CONTRACT UNDER THE STATE LAW. A STATE COURT OF ORIGINAL GENERAL JURISDICITON WOULD HAVE JURISDITION TO TRY THIS CASE FOR THE FIRST TIME
In a typical jury trial
JURY IS SELECTED BEFORE OPENING STATEMENTS ARE MADE
Determining the location where a case is to be tried means determining the proper
VENUE
The first step in bringing the legal action is
FILING SUIT
The highest court in the land is the
U.S. SUPREME COURT
A verdict is the decision of the
JURY
If a person properly files a lawsuit in accordance with specified law, that person has followed what kind of law
PROCEDURAL LAW
Which of the following statements is not true?
AN APPELLATE COURT HEARS TESTIMONY FROM WITNESSES
Rosa sued T&S Co. for breach of contract. The jury returned a verdict in favor of Rosa for $5,000. Under these facts
IF THE JUDGEMENT IS APPEAKED, THE COURT OF APPEALS MAY REVERSE THE JUDGMENT IN THE LOWER COURT COMMITTED SERIOUS ERRORS OF LAW
In a state court of record, the chief officer is the
JUDGE
To recover for an intentional tort, the injured person must show
ACT, INTENT AND CASUATION
A misdemeanor is an
LESS SERIOUS CRIMINAL OFFENSE GENERALLY PUNISHALBE BY FINE AND OR IMPRISIONMENT OF LESS THAN ONE YEAR
Criminal laws include
LAWS DEALING WITH CRIMES AND THE PUNISHMENT OF WRONGDOERS AND LAWS DEALING WITH OFFENSED AGAINST SOCIETY
Johnson was sued in a state court of record as a result of his involvement in an automobile accident. He was eager for his lawyer. Ilas to file an answer, but she told Johnson additional actions could also be taken. What additional action might Ilas want to take before the case goes to trial?
THE LAWYER MIGHT WANT TO CONDUCT DISCOVERY TO OBTAIN INFORMATION RELEVANT TO THE SUBJECT MATTER OF THE ACTION, THE LAWER MIGHT FILE A MOTION TO DISMISS THE CASE OR FILE A MOTION FOR JUDGMENT BASED SOLELY ON THE PLEADINGS, THE LAWYER MIGHT FILE A MOTION TO OBTAIN A RULING ON THE ADMISSIBILITY OF EVIDENCE OR TO SUPPRESS EVIDENCE
CERCLA imposes liability for cleanup of hazardous substances on
OWNERS, DISPOSERS, AND OPERATORS OR CONTAMINATED SITES
When an agency's rule is challenged, the primary focus of the courts in on the
PROCEDURES FOLLOWED BY THE AGENCEY IN EXERCISING ITS RULE MAKING POWER
No administrative agencies has the power to
ENACT RULES THAT CANNOT BE APPEALED
Most administrative agency regulation is
DUE TO THE COMPLEX NATURE OF THE AREA OF REGULATION
Government regulated business to
ELIMINATE ABUSES AND MINIMIZE UNDESIREABLE CONDUCT
State Superfund laws
IMPOSE A LIABILITY FOR CLEANUP COSTS OF HAZARDOUS WASTES
The first national environmental piece of legislation was the
CLEAN AIR ACT
Powers of regulatory agencies include
LICENSING AND RATE MAKING
Which promise or agreement constitutes a valid contract?
JUAREZ AND LOPES ARE COMPETENT ADULTS, AND IN A SIGNED WRITING LOPEZ AND JUAREZ AGREE THAT JUAREX WILL SELL HER CAR TO LOPES FOR $2,000
Formal contracts include
NEGOTIABLE INSTRUEMENTS
When an offer is made, it
CAN BE REVOKED EVEN IF THE OFFEROR HAS PROMISED TO KEEP IT OPEN
Cindy saw Carl's Lawn Service mowing a neighbor's lawn. Cindy pointed to her lawn, gesturing that she wanted it mowed. In response, Carl mowed Cindy's lawn. Under these facts
CINDY AND CARL MADE AN IMPLIED CONTRACT, AND CINDY IS OBLIGATED TO PAY FOR CARL'S SERVICES
The agreement which is vital to a contract
IS FREQUENTLY CALLED "A MEETING OF THE MINDS"
All contracts
MUST BE SUPPORTED BY CONSIDERATION, WITH FEW EXCEPTIONS
Unjust enrichment
OFFENDS OUR ETHICAL PRINCIPALS
Regarding the duration of an offer
DEATH OR INSANITY OF OFFEROR TERMINATES THE OFFER
In which situation does Wescott make a valid offer?
BART SIGNED A WRITTEN OFFER TO BUY LAND. THE OFFER APPEARS TO BE A SINCERE OFFER. UNKNOWN TO THE SELLER, BART DECIDES NOT TO BUY THE LAND UNLESS HE CAN FIRST SELL SOME OTHER PROPERTY
An offer may be accepted
IN A REASONABLE MANNER
A written offer can be accepted y the offeree
AFTER THE OFFEROR HAS COMMUNICATED TO THE OFFEREE
In order to have a valid contract there must be
AN OFFER AND AN ACCEPTANCE
When no time is specified in the offer, the reasonable time an offer is open
VARIES WITH EACH CASE DEPENDING ON THE CIRCUMSTANCES
In which case was Al legally entitled to revoke the offer in question?
AL OFFERED TO SELL HIS CONDO TO BEN. BEFORE BEN ACCEPTED, AL GAVE BEN WRITTEN NOTICE THAT SAID, "I TERMINATE MY OFFER."
In most states, contracts made by judicially declared incompetent people are
VOID
Contracts made with minors are
VOIDABLE AT MINORS DISCRETION
Which of the following states regarding minors and torts is correct
MINORS ARE AS LIABLE FOR TORTS AS ADULTS ARE
Mindy was a minor at the time she bought a stereo. Under these facts, select the correct answer
MINDY CAN DISAFFIRM THE CONTRACT, AND THE SELLER MUS REPAY ALL MONEY PAID BY MINDY
An element of promissory estoppel would be
IF A PROMISE IS MADE
Which contract is voidable?
IRVING CONTRACTS TO BUY A CAR. DUE TO A MENTAL ILLNESS, IRVING CANNOT UNDERSTAND THAT HE HAS MADE A CONTRACT, AND HE IS UNABLE TO UNDERSTAND THE CONTRACT'S BASIC TERMS
Which of the following can be called valid consideration?
A PROIMSE TO DO SOMETHING IN EXCHANGE FOR ANOTHER PROMISE
Which of the following is sufficient and valid consideration?
ACCEPTING A SECURED NOTE IN DISCHARGE OF AN UNSECURED NOTE FOR A GREATER AMOUNT
Consideration can include
A PROMISE THAT IS CONDITIONAL
Refraining from doing something is valid consideration when the act refrained from
IS SOMETHING THE PROMISOR HAS THE RIGHT TO DO
A mistake as to the terms of the contract usually result from
FAILURE TO READY THE WRITTEN CONTRACT
Penny made these agreements. Which agreement is supported by consideration?
PENNY AND RAY AGREED THAT SHE WOULD PAY $200 FOR RAYS STEREO. THE STEREO IS WORTH $900
A party who actually does something or takes steps to cause a fraud commits
ACTIVE FRAUD
If a real estate agent knows the house on a piece of property has foundation problems and doesn't tell her prospective buyer because it may scare the buyer away, the real estate agent is guilty of
PASSIVE FRAUD
Duress can be classified as
PHYSICAL, EMOTIONAL AND ECONOMIC
In which case is the creditor entitled to sue for the unpaid balance of the debt?
ALICE OWED OTIS $500. THE DEBT WAS UNDISPUTED. ALICE AND OTIS AGREED THAT SHE WOULD PAY $200 IN CONSIDERATION FOR HIS PROMISE TO RELEASE ALICE FROM THE BALANCE OF THE DEBT
The party making the assignment is the ASSIGNOR; the one to whom the right in transferred is the
ASSIGNEE
When an assignment is made by acts of the parties, it
MAY BE EITHER WRITTEN OR ORAL
When two or more persons enter into a contract with someone else, the contract may be joint, several, or joint and several. What determines the type of contract?
THE INTENTION OF THE PARTIES
A contract that is contrary to public policy would be
A CONTRACT TO LIMIT THE FREEDOM OF MARRIAGE
A contract not to compete
CAN BE VALID WHEN BUYING A BUSINESS OR MAKING AN EMPLOYMENT CONTRACT
Which contract described below is enforceable?
MARTY WAS IN A HURRY AND IDNT READ THE FINANCING CONTRACT SHE SIGNED. SHE WAS LATER SURPRISED TO FIND OUT SHE WAS RESPONSIBLE FOR TITLE AND RECORDING FEES
Contracts to generally restrain trade are in violation of the
SHERMAN ANTITRUST ACT
A contract involves specific subject matter, the destruction of the matter without the fault of the parties
DISCHARGES THE CONTRACT BECAUSE OF IMPOSSIBILITY OF PERFORMANCE
In cases when neither a suit for damages nor rescission will constitute adequate remedy, what may be applied?
SUIT FOR SPECIFIC PERFORMANCE
A judgment against a person's car would be
AN OBLIGATION OF RECORD
Parol evidence means
SPOKEN WORDS
Which contract is defective due to a mistake?
CONTRACTOR SUBMITTED A BID TO OWNER THAT OWNER ACCEPTED. DUE TO A MATH ERROR THE BID WAS $20,000, INSTEAD OF $30,000 AS INTENDED. OWNER WAS AWARE OFF CONTRACTOR'S MISTAKE
If a promisor agrees to become responsible for the debts or default of another, it
MUST BE IN WRITING
The Statute of Frauds applies only to
EXECUTORY CONTRACTS
According to the Statute of Frauds
ELECTRONIC SIGNATURES ARE NOT PERMISSIBLE AND LEGALLY ENFORECEABLE
Warranties of the assignor include
THE RIGHT IS VALID AND EXISTING AT THE TIME THE ASSIGNMENT IS MADE
Causes of contract being discharged because of impossibility of performance include
NEW LAWS MAKING THE CONTRACT ILLEGAL, PHYSICAL INCAPACITY OF PERSONS TO RENDER PERSONAL SERVICES, WRONGFUL ACTS OF OTHER PARTIES
Compu Co. and Gina entered into an illegal contract whereby Gina agreed to sabotage a competitor's business. The sabatoge is a crime. Gina failed to perform. Under these facts
A COURT WILL NOT REQUIRE GINA TO PERFORM THE AGREEMENT
Neal was hired as sales manager for a food distributor doing business in Port City, USA. Neal managed the important customer accounts and he was responsible for developing the company's sales strategy. When hired, Neal agreed not to compete in the food distribution business after he quit. Under these facts, Neal's agreement not to compete would be
VALID IF IT PROHIBITED NEAL FROM COMPETING IN PORT CITY FOR ONE YEAR AFTER HE QUIT
Which oral contract is unenforceable because it violates the Statue of Frauds?
ON MARCH 1, LEE CONTRACTS TO WORK FOR PAM FROM JUNE 1 TO APRIL 30 OFF THE FOLLOWING YEAR
Ownership most commonly occurs through
Purchase
Woods rented a casket for her Halloween party from Johnson family funeral home. Without authorization, woods sold the casket to her friend, Rivera, who recently experienced the death of a family member and needed a burial receptacle. Rivera did not know that the casket belonged to Johnson Family Funeral Home. Under these facts
Woods was not legally entitled to sell the casket, therefore Rivera did not receive good title to the casket
When a person doies without leaving a will, that person dies
Intestate
Which of the following statements is true?
A bailment arises when property is left for repair even though when returned it is repaired and therefore not identical to the property left
A(n)_________ bailment arises when someone finds and takes possession of lost property
Constructive
In a(n)_____________bailment, the bailee renders a service and charges for the service, and then the bailee holds a lein against the bailed property for the charges.
Mutual-benefit
A person engaged in the business of transporting goods or persons for a fee only under special instances and arrangements is a(n):
Private Carrier
A fire occurred at the Bates Motel. The fire was started by a cigarette that was negligently discarded my Martinez, a visitor at the motel. Wescott, a guest at the Bates Motel, was injured in the fire. The bates Motel was not negligent. Under these facts, is Norman Bates, the owner and operator of Bates Motel, liable for Wescott's injuries?
No. A hotel keeper has a duty to exercise reasonable care to protect guests. Consequently, the Bates Motel is not liable for Wescott's injuries because it was not negligent
The liability of a carrier for the passengers' safety begins
As soon as a passenger enters the terminal or waiting platform
Which of the following statements is not true?
A hotel keeper may not refuse accommodations to anyone who can pay for them
Which of the following transactions is a sale of goods that is governed by article 2 of the UCC?
Ilas, a manufacturer of cremation urns, sells a shipment of urns to Happily Ever after Memorial Gardens.
an important distinction between a sale and a contract to sell is the
Title
which of the following statements is true
When a contract to sell goods is made, title passes in the future
which of the following contract(s) is/are required to be evidenced by a writing to be enforceable?
During one shopping trip to Nordstrom, wescott with the help of a personal shopper, selected six suits from different area of the store. Each suit cost $200. One purchase agreement was prepared for the six suits
Batesville casket company, located in Batesville, Indiana, contracted to sell a shipment of caskets to Morningstar Pet Memorial and Cremation Service, located in Monterey Park, Ca. The caskets were sold "F.O.B. Monterey Park." Batesville Casket Co duly delivered the caskets to a carrier in Indiana for shipment to Morningstar Pet Memorial and cremation Service in California. The caskets were damages during shipment. Under these facts
Batesville Casket Company bears the loss of the caskets that occurred during shipment
which of the following statements is true?
The holder of a document of title may convey the title of the person who left the property
Use of goods by a buyer for the purpose of trial;
DOES NOT MEAN APPROVAL
Which of the following statements constitutes a warranty?
THIS GARMENT IS MADE FROM 100% COTTON FIBER
Vision of paradise mortuary plans to advertise a prearranged funeral plan for sale on credit. The ad wills ate the credit price for the prearranged funeral plan. What other information must this ad disclose in order to comply with the truth-in-lending act?
FINANCE CHARGE, APR, AND THE NUMBER, AMOUNT, AND DUE DATES OF PAYMENTS
An implied warranty arises;
AUTOMATICALLY WHEN A SALE IS MADE
The truth in lending act;
GIVES A DEBTOR THREE DAYS TO RESCIND A MORTGAGE EXECUTED ON THE DEBTOR'S PRINCIPAL
All sellers make a warranty of
TITLE
The warranty against encumbrances
IS MADE BY ALL SELLERS
Madueno issued and signed her personal check ordering Washington Mutual Bank go pay $500 to the order of Guadalupe Lopez. Madueno delivered the check to Lopez. Lopez took the check to WaMu and an authorized bank officer wrote "ACCEPTED FOR PAYMENT" on the check, and signed it. Under these facts
WAMU IS A DRAWEE AND AN ACCEPTOR
When an instrument is transferred by assignment, the assignee
RECEIVES ONLY THE RIGHTS OF THE ASSIGNOR AND NO MORE
Which of the following would be legally acceptable promise?
I PROMISE TO PAY GLENN BOWER $5000 ON MARCH 21
If a negotiable instrument is only partially filled in and signed before delivery
THE MAKER OR DRAWER IS LIABLE IF THE BLANKS ARE FILLED IN ACCORDING TO INSTRUCTIONS
Which of the following writings may be a negotiable instrument?
CASTELLO-CHASE SIGNED A NOTE PROMISING TO PAY $900 ON DEMAND TO BEARER. THE NOTE STATES THAT THE NOTE IF GIVEN IN CONSIDERATION FOR AN EMBALMING MACHINE THAT CASTELLO-CHASE PURCHASED FORM SINCERE MEMORIES AND EVERLASTING LEGACIES MORTUARY
A draft
MUST CLEARLY SHOW THAT THE SIGNATURE IS INTENDED TO BE THAT OF A DRAWER
Martinez issued a check payable to Lopez. Lopez negotiated the check to McFall (a holder in due course). On April 1, Martinez gave his bank an oral stop payment order. On April 10, McFall presented the check for payment and Martinez's bank paid the check. Under these facts
THE STOP PAYMENT ORDER WAS VALID, BUT IT DOES NOT AUTOMATICALLY TERMINATE MARTINEZ'S LIABILITY TO PAY THE CHECK
The maker of a promissory note
ADMITS THE EXISTENCE OF THE PAYEE
A check is a special type of draft which
IS DRAWN ON A BANK AND PAYABLE ON DEMAND
A postdated check
MAY B PAID BY THE BANK BEFORE ITS DATE
Among the duties a bank owes its customer, the depositor-drawer, are to
MAINTAIN SECRECY REGARDING INFORMATION ACQUIRED BY IT IN CONNECTION WITH THE DEPOSITOR-BANK, RELATIONSHIP
If a negotiable instrument is made payable to multiple persons
INDORSEMENT DEPENDS UPON tHE LANGUAGE USED IN THE INSTRUMENT
Banks require that an indorsement on a check be
ON THE BACK WITHIN ONE AND A HALF INCHES OF THE TRAILING EDGE
Garcia issued a check payable to the order of marina Mieh. Mieh Endorsed the check "MARTINA MIEH" and delivered to to Diana lopez. Under these facts
Mieh may have secondary liability to pay the check if it is dishonored
If an agent receives checks in payment of the principal's claims but the checks are made payable to the agent personally, the agent should elect to use a _____ indorsement
Qualified
the maker of a note is
Primarily liable for its payment
Martinez issued a negotiable note to woods. The note was due may 1. Woods indorsed the note and negotiated it to Rodriguez. On may 1, Rodriguez presented the note to Martinez and Martinez refused to pay. On may 3, Rodriguez gave written notice to woods that Martinez refused to pay in this case
Woods is obligated to pay the note based on her secondary liability
A reasonable time to make a presentment for drawers on uncertified checks is
30 days
if any term in a negotiable instrument is left blank and the drawer then delivers the instrument to another person for completion, the drawer
Cannot raise the defense of improper completion against the holder in due course
when a draft is presented for acceptance
The drawees signature is all that is necessary
All of the following statements are false, accept
A drawee is liable for payment of a draft only after accepting it
Ilas issued a check for 500$ in payment for some cremated remains containers from wizzard hill. Mieh, owner of Wizzard Hill, negotiated the check to an innocent purchaser, Ms Madueno. Which defence can Ilas assert against Ms Madueno, the innocent purchaser?
Ilas has a defense of minority because she is 17
_____ defenses can also be called personal defenses and are different from _____ defenses
Limited/ universal
Minority is considered an_______ defense
Universal
A _______ defense is one that cannot be used against a holder in due course
Limited
Duress
Can be claimed as a hybrid defense
A hybrid defense would be
INCAPACITY OTHER THAN MINORITY