FsLaw glossary 2 preparation 112

Question 1

that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments.

Answer 1

Funeral service law (mortuary law/mortuary jurisprudence)

Question 2

written instrument authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.

Answer 2

General power of attorney -

Question 3

the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.

Answer 3

Gross negligent act

Question 4

an agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need (in the future) for a sum not exceeding the original amount of the aforementioned contract plus any accruals, regardless of the current prices associated with providing the services and merchandise at the time of the funeral.

Answer 4

Guaranteed contract

Question 5

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

Answer 5

Guardian

Question 6

one who inherits, or is entitled to receive property by will or by laws of intestacy.

Answer 6

Heir

Question 7

will written entirely by the hand of the testator/testatrix.

Answer 7

Holographic will

Question 8

occupier of a house; one who owns or controls real estate where a death occurs.

Answer 8

Householder

Question 9

the estate which passes from the decedent to his/her heirs.

Answer 9

Inheritance

Question 10

the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate.

Answer 10

Insolvent estate -

Question 11

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

Answer 11

Interment

Question 12

between two or more states.

Answer 12

Interstate

Question 13

the state or condition of dying without having made a will; intestacy

Answer 13

Intestate

Question 14

the method used to distribute property owned by a person who dies without a valid will

Answer 14

Intestate succession

Question 15

within a state.

Answer 15

Intrastate

Question 16

listing and valuation of a decedent’s assets by a personal representative of the estate.

Answer 16

Inventory

Question 17

one who has been invited on the property by the landowner; persons coming to a funeral home for the purpose of attending funerals, viewing remains, or engaging the funeral director’s services are some examples.

Answer 17

Invitee

Question 18

agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary.

Answer 18

Irrevocable contract

Question 19

one’s relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin).

Answer 19

Kin

Question 20

those rules of conduct commanding what is right and prohibiting what is wrong.

Answer 20

Law

Question 21

one who inherits personal property under a will.

Answer 21

Legatee

Question 22

responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable.

Answer 22

Liability

Question 23

claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property).

Answer 23

Lien

Question 24

automotive equipment made available for hire.

Answer 24

Livery

Question 25

a document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and which becomes effective when such person is no longer able to make decisions regarding his/her medical treatment.

Answer 25

Living will -

Question 26

improper or negligent professional act by a professional person.

Answer 26

Malpractice

Question 27

forensically-trained physician whose duty it is to investigate questionable or unattended deaths (has replaced the coroner in many states); (see also coroner)

Answer 27

Medical examiner–

Question 28

mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., and may be accompanied by physical injury or by an outrageous intentional or grossly negligent act.

Answer 28

Mental anguish

Question 29

place where dead human bodies are kept until identified and/or released for final disposition.

Answer 29

Morgue

Question 30

secured loan on a parcel of real estate.

Answer 30

Mortgage

Question 31

an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.

Answer 31

Moral turpitude

Question 32

any alteration or change made to a dead human body from the time of death, other than by natural causes.

Answer 32

Mutilation

Question 33

failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary or similar circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).

Answer 33

Negligence

Question 34

agreement in which the funeral home promises to apply the amount pre-paid plus any accruals to the balance due. However, the cost of the funeral will be based upon the current price for the services and merchandise at the time the death occurs.

Answer 34

Non-guaranteed contract

Question 35

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

Answer 35

Nuisance

Question 36

acts, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location or manner in which it is operated.

Answer 36

Nuisance in fact -

Question 37

acts, occupations or structures which are nuisances at all times and under all circumstances; it may be prejudicial to public morals, dangerous to life, or injurious to public rights.

Answer 37

Nuisance per se

Question 38

oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states).

Answer 38

Nuncupative will

Question 39

governmental agency with the responsibility for regulations and enforcement of safety and health matters for most employees.

Answer 39

Occupational Safety and Health Administration (OSHA)

Question 40

law passed by a local municipal governing body (e.g., zoning, building, safety, etc.).

Answer 40

Ordinance

Question 41

an act with complete disregard for proper conduct which transcends the bounds of common decency.

Answer 41

Outrageous act

Question 42

the method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree of kindred to the decedent.

Answer 42

Per capita

Question 43

person who represents and administers the estate of deceased persons; executor and/or administrator of an estate.

Answer 43

Personal representative

Question 44

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

Answer 44

Per stirpes -

Question 45

the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.

Answer 45

Police power -

Question 46

an instrument granting someone authority to act as agent or attorney-in-fact for the grantor; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal.

Answer 46

Power of attorney

Question 47

decision of a higher court (e.g., appellate or supreme court) which is thereafter followed as an example in subsequent similar cases.

Answer 47

Precedent

Question 48

claim which is accorded a priority, advantage or privilege; a superior claim or right of payment as against another of the same kind or class. The first claim to be paid is the highest preferred claim and superior to all other claims.

Answer 48

Preferred claim

Question 49

funeral arrangements made in advance of need that include provisions for funding or prepayment.

Answer 49

Pre-funded funeral arrangements

Question 50

that portion or location in a funeral establishment specifically designed and equipped for embalming and otherwise preparing dead human bodies.

Answer 50

Preparation room