F.S. Law Flashcards

1
Q

a proportional reduction of a legacy under a will when assets are not sufficient to pay it in full

A

abatement

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2
Q

the extinction/withdrawal of an inheritance because decedent did not own the property at time of death

A

ademption

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3
Q

drivers under the control and direction of the funeral establishment which is liable for the drivers negligent actions

A

agent driver

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4
Q

a gift of PERSONAL property by will

A

bequest (legacy)

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5
Q

total and irreversible cessation of brain function as indicated by a flat EEG reading

A

Brain dead

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6
Q

a phase of somatic death lasting from 5-6 mins during which life may be restored

A

Clinical death

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7
Q

an addition or amendment of a last will and testament

A

codicil

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8
Q

a situation whereby one party has a right to acquire actual custody of the body but another party has actual physical possession

A

constructive custody

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9
Q

status assoicated with funeral establishment who becomes legal protector of dead human body from time of removal until final disposistion

A

custodian

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10
Q

permanent cessations of al vital functions and signs

A

death

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11
Q

a gift of REAL ESTATE

A

Devise

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12
Q

the attention reasonably expected from and ordinarily exercised by a person who seeks to satisfy a legal requirement

A

due diligence

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13
Q

agent status which will remain effective in the event the original party should later become incapacitated

A

durable power of attorney

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14
Q

inherent power of a govt to take private property for public use

A

eminent domain

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15
Q

forfeiture of decedents property to the state in the absence of heirs

A

escheat

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16
Q

a written instrument authorizing one person to do anything for the principal; has full power of attorney for another party

A

general power of attorney

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17
Q

the INTENTIONAL failure to perform a manifest duty in reckless disregard of the consequences

A

gross negligent act

18
Q

a judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability

A

guardian

19
Q

the estate which passes from the decedent to the heirs

A

inheritance

20
Q

one who INHERITS personal property under a will

A

legatee

21
Q

a claim or charge agaisnt real or personal property for payment of some debt

A

lien

22
Q

improper or negligent professional act by a professional person

A

malpractice

23
Q

a forensically trained physician whose duty it is to investigate questionable or unattended deaths

A

medical examiner

24
Q

mental suffering resulting from grief, severe disappointment etc.

A

mental anguish

25
Q

a secured loan on a parcel of real estate

A

mortgage

26
Q

failure to exercise ordinary care

A

negligence

27
Q

a landowner’s use of property which interferes with the public or another landowner’s use of property

A

nuisance

28
Q

oral will

A

nuncupative will

29
Q

a law passed by local Municipal governing body

A

ordinance

30
Q

the method of dividing an estate by which an equal share is given to each of a number of persons in relation to degree of kindred

A

per capita

31
Q

the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share

A

per stripes

32
Q

a decision of a higher court with is thereafter followed as an example in subsequent similar cases

A

precedent

33
Q

a claim which is accorded a priority, advantage or privilege

A

preferred claim

34
Q

the order in which claims will be paid when there are insufficient assets to pay

A

priority

35
Q

a fictional contract cremated/implied by a court for a person who in unable to contract for themselves; an obligation which law creates in teh absence of agreement

A

quasi contract

36
Q

extends some privileges of licensure to licensees of the other state

A

reciprocity

37
Q

an action to recover possession of wrongfully withheld personal property

A

replevin

38
Q

provision in a deed limiting the use of property and prohibiting certain uses

A

replevin

39
Q

an account established by one person to be held for the benefit of another; creates a fiduciary responsibility

A

trust account

40
Q

a law passed by a municipality by virtue of the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality

A

zoning ordinance

41
Q

If the body is embalmed, which of these charges will appear on the Statement of Funeral Goods and Services Selected?

A

Embalming