FS lawglossary 1 establish 112

Question 1

• a proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full.

Answer 1

Abatement

Question 1

the physical possession of the dead human body or other property.

Answer 1

Actual custody -

Question 2

the extinction or withdrawal of an inheritance because the decedent did not own the named property at the time of death.

Answer 2

Ademption

Question 3

governmental body created by legislation empowered to regulate and issue rules and regulations.

Answer 3

Administrative agency -

Question 4

that body of law created by Federal and State administrative agencies through implementation of powers and duties in the form of rules, regulations, orders and decisions (e.g., OSHA, FTC, state board rules and regulations).

Answer 4

Administrative law -

Question 5

the man/woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament. (see also personal representative)

Answer 5

Administrator/ Administratrix

Question 6

those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions.

Answer 6

Agent driver

Question 7

federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities.

Answer 7

Americans with Disabilities Act (ADA) -

Question 8

the process by which a person engages in learning the practice of funeral directing and/or embalming under instruction, direction or personal supervision of a duly licensed funeral director and/or embalmer.

Answer 8

Apprenticeship (internship/resident training)-

Question 9

person who receives personal property from another as a bailment.

Answer 9

Bailee

Question 10

delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a

Answer 10

Bailment

Question 11

person who delivers personal property to another as a bailment.

Answer 11

Bailor

Question 12

gift of personal property by will.

Answer 12

Bequest (legacy)

Question 13

Uniform Anatomical Gift Act part defines as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions. After removal of a body part, without unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition.

Answer 13

Body parts -

Question 14

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

Answer 14

Brain death

Question 15

laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings.

Answer 15

Building code -

Question 16

the act of placing the dead human body in the ground.

Answer 16

Burial (interment/inhumement) -

Question 17

a dead human body intended solely for scientific study and dissection.

Answer 17

Cadaver

Question 18

appellate court decisions that establish precedential principles.

Answer 18

Case law

Question 19

addition or supplement to a last will and testament executed with the same formality of the will that amends part or all of a will.

Answer 19

Codicil

Question 20

any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (e.g., airline, train, etc.).

Answer 20

Common carrier

Question 21

non legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community.

Answer 21

Common law -

Question 22

the fundamental law that establishes the government, limits what government can and cannot do and states the underlying principles to which the government will conform.

Answer 22

Constitution

Question 23

agreement between two or more competent persons which is enforceable by law.

Answer 23

Contract

Question 24

provides transportation for compensation only to those with whom it desires to do business (e.g., livery service)

Answer 24

Contract carrier

Question 25

the situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.

Answer 25

Constructive custody

Question 27

the body of a dead human being, deprived of life, but not yet entirely disintegrated.

Answer 27

Corpse (dead human body) -

Question 28

action in violation of constitution, statues, or ordinances, e.g., treason, felony, misdemeanor.

Answer 28

Crime

Question 29

status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition.

Answer 29

Custodian

Question 30

the cessation of life; permanent cessations of all vital functions and signs.

Answer 30

Death

Question 31

relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.

Answer 31

Degree of kindred

Question 32

gift of real estate; the act/process of transferring ownership of real property. (Devise applies to both transfers as well as by wills.)

Answer 32

Devise

Question 33

the person who receives real property through the process of a devise.

Answer 33

Devisee

Question 34

the removal of a human remains from previous location of final disposition.

Answer 34

Disinterment (exhumation) -

Question 35

the attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.

Answer 35

Due diligence

Question 36

exists when one person appoints an agent; agent status which will become or remain effective in the event the original party she should later become incapacitated.

Answer 36

Durable power of attorney -

Question 37

person, properly licensed, who disinfects, preserves, and/or restores a dead human body.

Answer 37

Embalmer -

Question 38

the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owner(s) is required.

Answer 38

Eminent domain -

Question 39

the placing of a remains in a crypt in a mausoleum.

Answer 39

Entombment

Question 40

governmental agency with environmental protection regulatory and enforcement authority.

Answer 40

Environmental Protection Agency (EPA)

Question 41

forfeiture of a decedent’s property to the state in the absence of heirs.

Answer 41

Escheat

Question 42

funeral service, a vehicle used to hold monies paid on prefunded contracts and beyond the control of the funeral director

Answer 42

Escrow account

Question 43

the property of a deceased person, both real and/or personal.

Answer 43

Estate

Question 44

physical and/or emotional separation for a period of time showing the lack of affection, trust and regard.

Answer 44

Estrangement

Question 45

man/woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate. (see also personal representative)

Answer 45

Executor/ Executrix -

Question 46

an agency of the federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.

Answer 46

Federal Trade Commission (FTC)

Question 47

the conclusive performance of services with respect to the dead human body by one of 48 the legally recognized methods.

Answer 47

Final disposition -

Question 48

a person properly licensed, engaged in, or conducting, or holding himself/herself out as being engaged in preparing, other than by embalming, for the burial or disposition of dead human bodies.

Answer 48

Funeral director (Funeral service practitioner)

Question 49

facility used in the care and preparation for the funeral and/or final disposition of dead human bodies.

Answer 49

Funeral establishment-