Mortuary Jurisprudence Exam 1- Solved
6 requirements of an enforceable/valid contract: - ANSWER-1. agreement (what you or
the party has to do)
2. assent (genuine)
3. consideration (what do you want?)
4. competence (18+ of sound mind)
5. lawful purpose (not illegal)
6. form required by law
administrative burden of proof - ANSWER-clear and convincing evidence
agreement not to compete - ANSWER-a provision barring the seller from competing in
the same geographical area for a specified period of time
Bailee - ANSWER-A person who receives personal property from another as a
bailment.
Bailment - ANSWER-the transfer of possession but not the title of personal property by
one party to another, under agreement
Bailor - ANSWER-the party who gives up possession, but not the title, of personal
property in a bailment
Benefits of an LLC - ANSWER-- minimal paperwork, no officer, no director, no
stockholders
- members
- owners own units
- manager
- operating agreement
- no meeting required, no minutes
- legal entity
Bilateral Contract - ANSWER-promise for a promise
Burdens of proof - ANSWER-the standard that a party seeking to prove a fact in court
must satisfy to have that fact legally established
Can a funeral director put a lien on a body for payment? - ANSWER-No
Case Law - ANSWER-court decisions that establish precedent principles
civil action - ANSWER-A lawsuit that can be brought by a person who feels wronged or
injured by another person (non criminal)
, civil case burden of proof - ANSWER-preponderance of the evidence
Common Law - ANSWER-a system of jurisprudence based on judicial precedents
rather than statutory laws
Compensatory Damages - ANSWER-A monetary award equivalent to the actual value
of injuries or damage sustained by the aggrieved party.
Confidential Relationship - ANSWER-one that is protected by law from forced disclosure
in open court, ex. husband/wife, dr/patient, lawyer/client, priest/parishioner,
newspaperman/source
Corporation - ANSWER-A business owned by stockholders who share in its profits but
are not personally responsible for its debts
Court Procedures - ANSWER-Complaint, service of process, answer, discovery
criminal case - ANSWER-- arrested
- booking
- initial appearance (prelim. arrangement)
- felony; only prelim. hearing
- formal arraignment
- trial
- sentencing
- appeal
criminal case burden of proof - ANSWER-beyond a reasonable doubt
default judgement - ANSWER-a judgement entered by a court against a defendant who
has failed to appear in court to answer or defend against the plaintiff's claim
Defenses of bailee - ANSWER-- fire
- stolen/theft
- act of god (natural disaster)
- exercised reasonable care
double jeopardy - ANSWER-the prosecution of a person twice for the same offense.
duces tecum subpoena - ANSWER-"bring it with you" compels an individual or
organization to hand over books, papers, records, or documents to the agency
Due process of law - ANSWER-adequate notice, opportunity to defend, and the right to
appeal
Duty of Funeral Director to Public - ANSWER-1. guard against disease
2. protect the publics health, safety, and welfare
6 requirements of an enforceable/valid contract: - ANSWER-1. agreement (what you or
the party has to do)
2. assent (genuine)
3. consideration (what do you want?)
4. competence (18+ of sound mind)
5. lawful purpose (not illegal)
6. form required by law
administrative burden of proof - ANSWER-clear and convincing evidence
agreement not to compete - ANSWER-a provision barring the seller from competing in
the same geographical area for a specified period of time
Bailee - ANSWER-A person who receives personal property from another as a
bailment.
Bailment - ANSWER-the transfer of possession but not the title of personal property by
one party to another, under agreement
Bailor - ANSWER-the party who gives up possession, but not the title, of personal
property in a bailment
Benefits of an LLC - ANSWER-- minimal paperwork, no officer, no director, no
stockholders
- members
- owners own units
- manager
- operating agreement
- no meeting required, no minutes
- legal entity
Bilateral Contract - ANSWER-promise for a promise
Burdens of proof - ANSWER-the standard that a party seeking to prove a fact in court
must satisfy to have that fact legally established
Can a funeral director put a lien on a body for payment? - ANSWER-No
Case Law - ANSWER-court decisions that establish precedent principles
civil action - ANSWER-A lawsuit that can be brought by a person who feels wronged or
injured by another person (non criminal)
, civil case burden of proof - ANSWER-preponderance of the evidence
Common Law - ANSWER-a system of jurisprudence based on judicial precedents
rather than statutory laws
Compensatory Damages - ANSWER-A monetary award equivalent to the actual value
of injuries or damage sustained by the aggrieved party.
Confidential Relationship - ANSWER-one that is protected by law from forced disclosure
in open court, ex. husband/wife, dr/patient, lawyer/client, priest/parishioner,
newspaperman/source
Corporation - ANSWER-A business owned by stockholders who share in its profits but
are not personally responsible for its debts
Court Procedures - ANSWER-Complaint, service of process, answer, discovery
criminal case - ANSWER-- arrested
- booking
- initial appearance (prelim. arrangement)
- felony; only prelim. hearing
- formal arraignment
- trial
- sentencing
- appeal
criminal case burden of proof - ANSWER-beyond a reasonable doubt
default judgement - ANSWER-a judgement entered by a court against a defendant who
has failed to appear in court to answer or defend against the plaintiff's claim
Defenses of bailee - ANSWER-- fire
- stolen/theft
- act of god (natural disaster)
- exercised reasonable care
double jeopardy - ANSWER-the prosecution of a person twice for the same offense.
duces tecum subpoena - ANSWER-"bring it with you" compels an individual or
organization to hand over books, papers, records, or documents to the agency
Due process of law - ANSWER-adequate notice, opportunity to defend, and the right to
appeal
Duty of Funeral Director to Public - ANSWER-1. guard against disease
2. protect the publics health, safety, and welfare
