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AAMI LAW 411: Mortuary Law | Questions & Answers
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AAMI LAW 411: Mortuary Law | Questions & Answers
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AAMI LAW 411: Mortuary Law | Questions & AnswersTrue or False: Funeral goods that are sold by the funeral home carry an implied warranty of merchantability. Correct Ans - True.
True or False: The Magnuson-Moss Warranty Act is a federal statue which governs only express warranties. Correct Ans - False.
True or False: The Magnuson-Moss Warranty Act is a federal statue which governs both express and implied warranties. Correct Ans - True.
True or 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. Correct Ans - True.
True or False: Generally speaking, Funeral Directors are not liable for warranties made by manufacturers. Correct Ans - True.
True or False: The Magnuson-Moss Act requires that warranties must be labeled 'full' or 'limited.' Correct Ans - True.
True or False: The Department of Administration is a division of government that comes under the Chief Justice of the Courts. Correct Ans - False.
True or False: The Trial Level in the Federal Court System is the Circuit Court. Correct Ans - False.
True or False: Administrative rules that are adopted by administrative agencies have the same force and effect as statues. Correct Ans - True.
Law that is primarily concerned with rules of conduct involving financial transactions between individuals or legal entities is called? Correct Ans - Business Law.
Warranties may cover all of the following except: Correct Ans - Embalming.
The authority a court has to hear cases is called its: Correct Ans - Jurisdiction.
The Doctrine of Stare Decisis is concerned with: Correct Ans - 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? Correct Ans - Burglary.
The violation of a private wrong that causes injury to another person's physical well being, property or reputation is? Correct Ans - Tort.
The stealing of a vehicle while in transit is? Correct Ans - 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? Correct Ans - Bribery.
American Jurisprudence is based upon? Correct Ans - 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? Correct Ans - Federal District Court.
A private wrong that causes injury to another person's physical well being, property or reputation? Correct Ans - Tort.
The Magnuson-Moss Warranty Act is a federal statue which governs only express warranties. Correct Ans - False.
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. Correct Ans - 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. Correct Ans - False.
True or False: Rules that are adopted by Administrative agencies have the same force and effect as Statues and Ordinances? Correct Ans - True.
True or False: When a bailment is made the owner of the property transfers ownership of the goods to the bailee. Correct Ans - False.
True or False: The parties to a bailment are the assignor and the assignee. Correct Ans - False. True or False: If a law is found to be contrary to the US Constitution the law is said to be unconstitutional. Correct Ans - True.
Which of the following situations DOES NOT create a bailment? Correct Ans - Receiving a commission on the sale of personal property.
A bailment in which consideration is present is? Correct Ans - 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? Correct Ans - 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: Correct Ans - Unconstitutional.
One is guilty of a _______ nuisance when he interferes with the enjoyment of someone's personal property. Correct Ans - 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? Correct Ans - Public Nuisance.
Which of the following defenses are used for slander and libel cases.
I Truth
II Contributory Negligence
III Comparative Negligence
IV Privilege Correct Ans - I & IV
Generally, State & Federal Governments are divided into 3 Branches which are?
I Executive
II Judicial
III Legislative
IV Administrative Correct Ans - I & II & III
Jason stole Jerome's car and was charged with Grand Theft Auto. What tort, if any, would Jason be charged with? Correct Ans - Conversion.
Which of the following items WOULD NOT be involved in the Tort of Conversion? Correct Ans - In-ground swimming pool.
If a guest in your home unintentionally leaves her wallet, what kind of bailment, if any would be created? Correct Ans - Constructive Bailment.
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