NBE Study Guide Questions- Law Flashcards Preview

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Flashcards in NBE Study Guide Questions- Law Deck (34)
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1
Q

Of the following, who has the primary right to control final disposition of a body?

a. adult son
b. cousin
c. creditor
d. state

A

adult son

2
Q

if there is no will, the property and holdings of a deceased person will be distributed according to law and an administrator/personal representative will be appointed by the

a. closest of kin
b. funeral director
c. court
d. executor

A

court

3
Q

in legal terminology, a dead human body is considered

a. real property
b. quasi-property
c. chattel
d. partial property

A

quasi property

4
Q

a good business technique in funeral arrangements is to

a. promise the family a meaningful service
b. allow use of various credit arrangements
c. have a written contract
d. pre-sell

A

have a written contract

5
Q

the next of kin who delivers the personal effects of the deceased to the funeral director is properly termed a:

a. personal representative
b. bailor
c. legatee
d. testatrix

A

bailor

6
Q

State regulation of funeral services for the health and welfare of citizens is an example of a state’s:

a. jurisdiction
b. eminent domain
c. police power
d. legislative right

A

police power

7
Q

a dead human body:

a. is subject to replevin
b. is not property in real sense
c. may be insured
d. may be held as security

A

is not property in a real sense

8
Q

the funeral director who has physical possession of a dead human body is said to have:

a. actual custody
b. constructive custody
c. promise of custody
d. contract custody

A

actual custody

9
Q

in a cortege, drivers who are under the control of the funeral director are legally referred to as:

a. contract drivers
b. lawful drivers
c. livery drivers
d. agent drivers

A

agent drivers

10
Q

although a dead body is in one mortuary, the moruary which has control of the final disposition is said to have:

a. actual custody
b. constructive custody
c. promise of custody
d. contract custody

A

constructive custody

11
Q

as a funeral director, the only people you should inform, even if asked, that the deceased has an infectious disease are appropriate members of:

a. the clergy
b. law enforcement agencies
c. your staff
d. the press

A

your staff

12
Q

a practitioner serves a family and provides both services and merchandise. the state requires the funearl home to pay 4% of sales tax on merchandise. Prices are as follows:

services $2,000

casket $2,250

vault $1,600

total $5,850

how much sales tax does the funeral director pay the state:

a. 67.50
b. 110.88
c. 154
d. 175.50

A

154

13
Q

Any rate of interest above the maximum rate allowable by law is:

a. fiduciary
b. usury
c. undue influence
d. duress

A

usury

14
Q

the party who makes an offer is called the:

a. offeree
b. offered
c. offeror
d. optional

A

offeror

15
Q

the party who is sued in a civil suit is known as the:

a. defendant
b. plaintiff
c. offeror
d. administrator

A

defendant

16
Q

the doctrine of stare decisis is concerned with:

a. suits
b. case law
c. parole evidence
d. torts

A

case law

17
Q

the term that is used when all the terms of a contract have been fully performed by the contracting parties is:

a. bilateral
b. executory
c. void
d. executed

A

executed

18
Q

a business that is owned by one person is classified as a:

a. corporation
b. partnership
c. sole proprietorship
d. limited partnership

A

sole proprietorship

19
Q

false statements made in writing for the purpose of injuring the reputation of another constitute:

a. slander
b. libel
c. implicit trespass
d. breach of ordinance

A

libel

20
Q

personal property permanently attached to land is known as a :

a. quitclaim
b. premium
c. novation
d. fixture

A

fixture

21
Q

which of the following terms describes a sale in which the buyer, so long as the buyer is not in default, has a right to possession before payment in full is made?

a. bill of lading
b. bill of exchange
c. billing contract
d. conditional sale

A

conditional sale

22
Q

a contract to keep an offer open for a specified period of time supported by consideration is called a/an:

a. option
b. bailment
c. unilateral offer
d. tentative offer

A

option

23
Q

the person appointed by a court to oversee an estate is the:

a. heir
b. attorney
c. executor
d. administrator

A

administrator

24
Q

in law, a relationship of trust is expressed by the term:

a. marital
b. bailment
c. fiduciary
d. inter-vivos

A

fiduciary

25
Q

an intoxicated person makes a contract it is:

a. valid
b. formal
c. correct
d. voidable

A

voidable

26
Q

the branch of law which deals with the rules of conduct and actions governing a mortician during his legal relations with the public is:

a. tort law
b. criminal law
c. mortuary law
d. administrative law

A

mortuary law

27
Q

a private or civil wrong whose cause is intentional or caused by negligence for which there may be action or damages is a:

a. tort
b. felony
c. accident
d. misdemeanor

A

tort

28
Q

a notice of complaint given to a defendant defining the complaint and a time frame in which an answer must be received is an:

a. summons
b. petition
c. complaint
d. executive order

A

summons

29
Q

an intentional statement of false facts upon which an injured party relied in a decision to enter into contract, to their detriment is:

a. tort
b. fraud
c. opinion
d. negligence

A

fraud

30
Q

the method of removing one’s free will in making decisions by threats to do physical harm to the person, his family, or property is:

a. duress
b. bailment
c. undue influence
d. misrepresentation

A

duress

31
Q

unauthorized embalming may be viewed by the courts as which type of violation?

a. nuisance
b. abatement
c. mutilation
d. stare decision

A

mutilation

32
Q
A
33
Q
A
34
Q
A

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