Mortuary Law Mid-term exam study set (AAMI) Questions With Correct Answers

Mortuary Law Mid-term exam study set (AAMI) Questions With Correct Answers True or false: Funeral goods that are sold by the funeral home carry an implied warranty of merchantability. True True or False: The Magnuson-Moss Warranty Act is a federal statute which governs only express warranties. False True or False: The Magnuson-Moss Warranty Act is a federal statute which governs both express and implied warranties. False The Magnuson-Moss Warranty Act allows Funeral Homes (sellers of merchandise) to disclaim warranties if the seller does it by using specific language that is presented to consumers in a clear and conspicuous manner. True True or false: Generally speaking Funeral Directors are not liable for warranties made by manufacturers. True True or False: The Magnuson Moss Act requires that warranties must be labeled 'full' or 'limited.' False True or False: The Department of Administration is a division of government that comes under the Chief Justice of the Courts. True True or False: The Trial Level in the Federal Court System is the Circuit Court. False True or False: Administrative rules that are adopted by administrative agencies have the same force and effect as statutes. True Law that is primarily concerned with rules of conduct involving financial transactions between individuals or legal entities is called? Business Law Warranties may cover all of the following except embalming The authority a court has to hear cases is called its Jurisdiction The Doctrine of Stare Decisis is concerned with case law What is the term to describe breaking into and entering another person's property in the night with the intent to commit a felony or to steal property of value? Burglary The violation of a private wrong that causes injury to another person's physical well being, property or reputation is? Tort The stealing of a vehicle while in transit is? Hijacking The Ramrod Corporation, a major construction company, was planning on building a 1,000,000 square foot mall in River City. In order for the Corporation to build the mall it needed to acquire several zoning approvals. These approvals were being considered by the River City Zoning Board. James Ramrod, President, spoke to the members of the Board and he was very confident that 9 of the members would vote in his favor. The questionable Board Member was Margaret Honest. Mr. Raymond approached Ms. Honest and offered to build a swimming pool for her, if she agreed to vote for his proposal. Ms. Honest agreed to the plan. What charges, if any, can be brought against Mr. Ramrod and Ms. Honest? Bribery American Jurisprudence is based upon? English common law Marjorie sued her employer in Federal Court alleging violations of the Equal Employment Law and requested a trial. In which of the Federal Courts did Marjorie file her lawsuit? Federal District Court A private wrong that causes injury to another person's physical well being, property or reputation is a _________________. Tort True or False: Generally speaking when a bailment has been created the bailor must return the identical goods which were placed in his or her care. False True or False: In a situation in which a bailment exists the person who transfers possession of goods is the bailee and the person who receives the property is the bailor. False True or False: Rules that are adopted by Administrative agencies have the same force and effect as Statutes and Ordinances? True True or False: When a bailment is made the owner of the property transfers ownership of the goods to the bailee. False True or False: The parties to a bailment are the assignor and the assignee. False True or False: If a law is found to be contrary to the US Constitution the law is said to be unconstitutional. True Which one of the following situations DOES NOT create a bailment? Clothing placed for sale on consignment A bailment in which consideration is present is? Mutual benefit bailment Margie was going on vacation and she asked Jeremy if she could leave her jewelry with him because she did not want to leave it at home. This bailment is a? Bailment for the sole benefit of the bailor When a court declares that a law is contrary to the U.S. Constitution, the law is declared to be Unconstitutional One is guilty of a _____________ when he interferes with the enjoyment of someone's personal property. Conversion The John's Manville Co. had their asbestos plant located in the middle of Manville, NJ. The company poured its poisonous waste into the town's water supply. The City of Manville sued the Company alleging several violations of the environmental law and of what tort? Public Nuisance Which of the following defenses are used for slander and libel cases.I TruthII Contributory NegligenceIII Comparative NegligenceIV Privilege I & IV Generally, State & Federal Governments are divided into 3 Branches which are? I Executive, II Judicial, III Legislative, IV Administrative I & II & III Jason stole Jerome's car and was charged with Grand Theft auto. What tort, if any, would Jason be charged with? Conversion The violation of a private wrong that causes injury to another person's physical well being, property or reputation is? Tort The stealing of a vehicle while in transit is? Hijacking Which one of the following items WOULD NOT be involved in the Tort of Conversion? In-ground swimming pool Which one of the following IS an Administrative Agency? Board of Funeral Directors If a guest in your home unintentionally leaves her wallet, what kind of a bailment, if any would be created? Constructive Bailment When there is a Bailment for the benefit of the Bailee what type of care is required? Great extraordinary care The power of Courts to address legal issues concerning the Internet comes from the US Constitution. Which power gives the courts the authority to decide this type of case? Implied Power A defamatory statement that is recorded on a video cassette is considered to be? Libel True or False: A violation of a private wrong is a tort. True