MORTUARY JURISPRUDENCE FINAL
EXAM QUESTIONS AND CORRECT
ANSWERS||100% GUARANTEED
PASS||UPDATED 2026/2027
SYLLABUS||ALREADY GRADED
A+||<<LATEST SYLLABUS>>
remedies for breach of contract - ANSWER ✓ 1. sue for damages
2. sue to rescind the contract
3. sue for special performance (sue over land or real property bc it is unique and
you couldnt find it anywhere else)
actual damages (aka compensatory damages) will cover what? - ANSWER ✓ in
car wreck: medical bills, repair/replace car, loss of wages, pain and suffering
punitive damages (aka exemplory damages) - ANSWER ✓ to make an example of
someone so they will not commit the wrong again; awardable if wrong was willful,
intentional, or grossly negligent (OJ killed my bro)
*in order to receive punitive damages, you must receive at least $1 in actual
damages
nominal damages - ANSWER ✓ to evidence prevailing party in the wrong. $1
actual, $10,000 punitive
libel - ANSWER ✓ in writing, you defame another person (intentional)
slander - ANSWER ✓ verbal defamation of another (intentional)
what is an agency? - ANSWER ✓ the most common legal relationship that 2 or
more ppl can have (for any lawful purpose)
principal - ANSWER ✓ the person or entity for whom the agent acts
,agent - ANSWER ✓ the person or entity who acts on behalf of the principal for a
particular purpose
respondent superior - ANSWER ✓ the agent does something wrong but the
principal is responsible; the person in charge is responsible for the wrong of their
agents
independent contractor - ANSWER ✓ not an agent; they cant sue you as an agent
3 types of agents - ANSWER ✓ 1. special
2. general
3. universal
special agent - ANSWER ✓ contracted by the principal to do a particular
transaction or act
general agent - ANSWER ✓ one empowered by the principal to transact all types
of functions of a certain class
universal agent - ANSWER ✓ authorized to do all acts that can be lawfully
delegated
*power of attorney and guardians are universal agents
power of attorney vs durable power of attorney - ANSWER ✓ durable POA can
do all things that can be lawfully delegated, even if the principal cant do them (ex
if principal becomes incompetent); POA can only do what the principal can do,
and if the principal cannot do something, neither can the POA
guardian - ANSWER ✓ court appointed; expensive; necessary if principal fires
their durable POA
what is the most common tort? - ANSWER ✓ negligence
elements of an actionable tort - ANSWER ✓ 1. duty
2. breach of duty
3. proximate cause (occurs bc the breach of duty incurs damages)
4. damages
, 3 arguments for proximate cause - ANSWER ✓ 1. but for the breach of duty, the
damage would not occur
2. foreseeability-the damages were foreseeable from the breach of duty
3. the damages resulted from breach of duty
defenses to actual tort - ANSWER ✓ 1. comparative negligence (the court can
attribute a percentage of wrong to each party)
2. contributory negligence (you contributed to your own injury)
3. assumption of the risk (you took the risk when you bunjee jumped)
4. last clear chance doctrine (if you had the last clear chance to avoid it, then youre
the liable party)
5. sudden emergency (child jumped out in front of the car)
6. unavoidable accident (having a heart attach while driving)
7. elements of actionable tort (no duty, no breach of duty, no proximate cause, no
harm)
types of torts - ANSWER ✓ libel, slander, negligence, assault, battery, false
imprisonment, negligent embalming, unauthorized removal of facial hair,
unauthorized pics of dead body, burial in wrong space, burial without permission,
cremation without a permit, mutilation, desecration, unauthorized embalming,
hidden body for payment, disturbing a funeral procession, driving a hearse while
intoxicated
comparative negligence - ANSWER ✓ in order to recover any money, court must
deem to be at least 50% in your favor
vicarious liability - ANSWER ✓ the FDIC has vicarious liability bc they are
responsible for the funeral homes and they are liable if the fun home makes a
mistake
heir - ANSWER ✓ a person who inherits from another without a will
es cheat - ANSWER ✓ a person who dies and has no will and no heirs, so their
property passes to the state
lapse - ANSWER ✓ the gift doesnt exist at TOD because during their lifetime, the
decedent sold the gift and split the money
EXAM QUESTIONS AND CORRECT
ANSWERS||100% GUARANTEED
PASS||UPDATED 2026/2027
SYLLABUS||ALREADY GRADED
A+||<<LATEST SYLLABUS>>
remedies for breach of contract - ANSWER ✓ 1. sue for damages
2. sue to rescind the contract
3. sue for special performance (sue over land or real property bc it is unique and
you couldnt find it anywhere else)
actual damages (aka compensatory damages) will cover what? - ANSWER ✓ in
car wreck: medical bills, repair/replace car, loss of wages, pain and suffering
punitive damages (aka exemplory damages) - ANSWER ✓ to make an example of
someone so they will not commit the wrong again; awardable if wrong was willful,
intentional, or grossly negligent (OJ killed my bro)
*in order to receive punitive damages, you must receive at least $1 in actual
damages
nominal damages - ANSWER ✓ to evidence prevailing party in the wrong. $1
actual, $10,000 punitive
libel - ANSWER ✓ in writing, you defame another person (intentional)
slander - ANSWER ✓ verbal defamation of another (intentional)
what is an agency? - ANSWER ✓ the most common legal relationship that 2 or
more ppl can have (for any lawful purpose)
principal - ANSWER ✓ the person or entity for whom the agent acts
,agent - ANSWER ✓ the person or entity who acts on behalf of the principal for a
particular purpose
respondent superior - ANSWER ✓ the agent does something wrong but the
principal is responsible; the person in charge is responsible for the wrong of their
agents
independent contractor - ANSWER ✓ not an agent; they cant sue you as an agent
3 types of agents - ANSWER ✓ 1. special
2. general
3. universal
special agent - ANSWER ✓ contracted by the principal to do a particular
transaction or act
general agent - ANSWER ✓ one empowered by the principal to transact all types
of functions of a certain class
universal agent - ANSWER ✓ authorized to do all acts that can be lawfully
delegated
*power of attorney and guardians are universal agents
power of attorney vs durable power of attorney - ANSWER ✓ durable POA can
do all things that can be lawfully delegated, even if the principal cant do them (ex
if principal becomes incompetent); POA can only do what the principal can do,
and if the principal cannot do something, neither can the POA
guardian - ANSWER ✓ court appointed; expensive; necessary if principal fires
their durable POA
what is the most common tort? - ANSWER ✓ negligence
elements of an actionable tort - ANSWER ✓ 1. duty
2. breach of duty
3. proximate cause (occurs bc the breach of duty incurs damages)
4. damages
, 3 arguments for proximate cause - ANSWER ✓ 1. but for the breach of duty, the
damage would not occur
2. foreseeability-the damages were foreseeable from the breach of duty
3. the damages resulted from breach of duty
defenses to actual tort - ANSWER ✓ 1. comparative negligence (the court can
attribute a percentage of wrong to each party)
2. contributory negligence (you contributed to your own injury)
3. assumption of the risk (you took the risk when you bunjee jumped)
4. last clear chance doctrine (if you had the last clear chance to avoid it, then youre
the liable party)
5. sudden emergency (child jumped out in front of the car)
6. unavoidable accident (having a heart attach while driving)
7. elements of actionable tort (no duty, no breach of duty, no proximate cause, no
harm)
types of torts - ANSWER ✓ libel, slander, negligence, assault, battery, false
imprisonment, negligent embalming, unauthorized removal of facial hair,
unauthorized pics of dead body, burial in wrong space, burial without permission,
cremation without a permit, mutilation, desecration, unauthorized embalming,
hidden body for payment, disturbing a funeral procession, driving a hearse while
intoxicated
comparative negligence - ANSWER ✓ in order to recover any money, court must
deem to be at least 50% in your favor
vicarious liability - ANSWER ✓ the FDIC has vicarious liability bc they are
responsible for the funeral homes and they are liable if the fun home makes a
mistake
heir - ANSWER ✓ a person who inherits from another without a will
es cheat - ANSWER ✓ a person who dies and has no will and no heirs, so their
property passes to the state
lapse - ANSWER ✓ the gift doesnt exist at TOD because during their lifetime, the
decedent sold the gift and split the money
