Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

NBE ARTS > Funeral Service Law > Flashcards

Funeral Service Law Flashcards

1
Q

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

A

Abatement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

the physical possession of the dead human body or other property

A

Actual custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

Ademption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

Administrative agency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

Administrative law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

the man/woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament.

A

Administrator/Administratix

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A

Agent driver

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

a federal statue prohibitng discrimination against the disabled in employment, public transportation, telecommunications services, and public accomodations and services operated by private actions.

A

Americans with Disabilities Act (ADA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

a person engaged in learning the practice of funeral directing and/or embalmer

A

Apprentice (intern/resident trainee)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

a person who recieves personal property from another as a bailment

A

Bailee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

a delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract

A

Bailment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

a person who delivers personal property to another as a bailment

A

Bailor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

a gift of personal property by will

A

Bequest (legacy)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

in the Uniformed Anatomical Gift Act part is defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplanation. After the 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 dispostion

A

Body parts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

Brain death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

Building code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

the act of placing the dead human body in the ground

A

Burial (interment/inhumement)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

a dead human body intended solely for scientific study and dissection

A

Cadaver

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

appellate court decisions that establish precedented principles

A

Case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

an area of ground set aside and dedicated for the final disposition of dead human bodies

A

Cemetery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

Clinical death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

an addition or amendment of a last will and testament executed with the same formailty of the will

A

Codicil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

A

Common carrier

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

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

A

Common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

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

A

Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

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

A

Contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

provides transportation for compenstaion only to those with whom it desires to do business (ex. livery service)

A

Contract carrier

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

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

A

Constructive custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

a public officer whose duty it is investigate cause of death when the question of accident, suicide, or homicide may be evident or where there was no doctor in attendance

A

Coroner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

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

A

Corpse (dead human body)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

the final product remaining after completion of the entire cremation/pulverization process. The product is referred to as “cremains”

A

Cremated remains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber

A

Cremation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

the location of the retort/cremation chamber which will perform the cremation process

A

Crematory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

an action in violation of constitution , statues, or oridiances ex. treason, felony, misdemeanor

A

Crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

status assoicated with funeral service practitoner/funeral establishment who becomes legal protector of dead human body from time of removal until final dispostion

A

Custodian

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

the cessation of life, permanent cessations of vital functions and signs.

A

Death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

relationship to decendent of his realtives, each generation is one degree, counting to a common ancestor

A

Degree of kindred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

a gift of real estate, the act/process of transferring ownership of real property (Devise applies to bothg transfers as well as by wills)

A

Devise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

the person who recieves real property through the process of a devise

A

Devisee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

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

A

Disinterment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

the attention reasonably expected from, and ordinarily exercised by a person who seeks to satisfy a legal requirment or to discharge and obiligation

A

Due diligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

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

A

Durable power of attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

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

A

Embalmer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

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

A

Eminent domain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

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

A

Entombment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

a governmental agency with environmental protection regulatory and enforcement authority

A

Environmental Protection Agency (EPA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

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

A

Escheat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

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

A

Estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

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

A

Estrangement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

a man/woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.

A

Executor/Executrix

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

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

A

Federal Trdae Commission (FTC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

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

A

Final dispostion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

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

A

Funeral establishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

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

A

Funeral service law (mortuary law/mortuary jurispridence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

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

A

General power of attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

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

A

Gros negligent act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

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

A

Guaranteed contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

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

A

Guardian

59
Q

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

A

Heir

60
Q

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

A

Holographic will

61
Q

the occupier of a house, one who owns or controls real estate where a death occurs

A

Householder

62
Q

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

A

Inheritance

63
Q

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

A

Insolvent estate

64
Q

the act of placing the dead human body in the ground

A

Interment

65
Q

between two or more states

A

Interstate

66
Q

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

A

Intestate

67
Q

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

A

Intestate succession

68
Q

within a state

A

Intrastate

69
Q

listing and valuation of a decendents assests by personal representative of the estate

A

Inventory

70
Q

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

A

Invitee

71
Q

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

A

Irrevocable contract

72
Q

a public officer whose duties in some jurisdictions may include among other things the investigation of death

A

Justice of the peace

73
Q

one’s relatives collectively referring to blood relationship (legally the surviving spouse is not next of kin)

A

Kin

74
Q

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

A

Law

75
Q

one who inherits personal property under a will

A

Legatee

76
Q

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

A

Liability

77
Q

a 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)

A

Lien

78
Q

automotive equipment made available for hire

A

Livery

79
Q

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 aa relatively short time, and which becomes effective when such person is no longer able to make decisins regarding his/her medical treatment

A

Living will

80
Q

improper or negligent professional act by a professional person

A

Malpractice

81
Q

a forensically-trained physician whode duty it is to investigate questionable or unattended deaths (has replaced the coroner in many states)

A

Medical examiner

82
Q

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

A

Mental anguish

83
Q

a place where dead human bodies are kept until identified and/or released for final dispostion

A

Morgue

84
Q

a secured loan on a parcel of real estate

A

Mortgage

85
Q

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

A

Moral turpitude

86
Q

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

A

Mutilation

87
Q

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

A

Negligence

88
Q

agreement in which the funeral home promises to apply the amount pre-paid plus any accural 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

A

Non-guaranteed contract

89
Q

a landowners use of property which interferes with the public or another landowners use of his property

A

Nuisance

90
Q

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

A

Nuisance in fact

91
Q

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

A

Nuisance per se

92
Q

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

A

Nuncupative will

93
Q

a governmental agency with the with the responsibilty for regulatory and enforcement of safety and health matters for most employees

A

Occupational Safety and Health Administration (OSHA)

94
Q

a law passed by a local municipal governing body (ex. zoning, building, safety)

A

Ordinance

95
Q

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

A

Outrageous act

96
Q

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

A

Per capita

97
Q

person who represents and administers the estate of deceased persons, executor and/or administer of an estate

A

Personal representative

98
Q

contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made, a contract whereby both parties should recognize that any breach will usually cause anguish

A

Personal service contract

99
Q

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

A

Per stripes

100
Q

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

A

Police power

101
Q

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 death or incapacity of thr principle

A

Power of attorney

102
Q

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

A

Precedent

103
Q

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

A

Preferred claim

104
Q

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

A

Pre-funded funeral arrangements

105
Q

that portion of location in a funeral establishment specifically designed and equipped for embalming and otherwise perparing dead human bodies

A

Prepartion room

106
Q

funeral arrangements made in advance of need that do not include provisions for funding of prepayment

A

Pre-planned funeral arrangements

107
Q

1) the order in which claims will be paid when there are insufficient assets to pay all of the claims.
2) the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body

A

Priority

108
Q

those who transport only in particular instances and only for those they choose to contract with (ex. funeral home vehicles and livery)

A

Private carrier

109
Q

a cemetry owned by a private enterprise such as corporation for profit, a non-profit corporation, parternship, sole owners, religious orders, etc

A

Private cemetery

110
Q

the process of perserving the estate, determining the validity of a will and distributing the estate to the proper heirs

A

Probate

111
Q

a court having jurisdiction over estates

A

Probate court

112
Q

the property of decedent that is subject to administration by the executor or administrator of an estate

A

Probate estate

113
Q

a cemetery owned by a government unit (federal, state or municipal)

A

Public cemetery

114
Q

a ficitional contract created or implied by a court for a person who is unable to contract for himself (ex. medical care, death) an obligation which law creates in the absence of agreement, is invoked by courts where there is unjust enrichment

A

Quasi contract

115
Q

the accepted theory of the legal status of a dead human body, right associated with the body are as if it were property for the purpose of disposition only

A

Quasi-property theory

116
Q

the relationship exisiting between two states whereby each extends some privileges of licensure to licensees of the other state

A

Reciprocity

117
Q

an action to recover possession of wrongfully withheld personal property

A

Replevin

118
Q

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

A

Restrictive covenant

119
Q

agreement which may be terminated by the purchaser at any time prior to the death of the beneficary with a refund of the monies paid on thye contract as perscribed by state law

A

Revocable contract

120
Q

the omission or cancellation of an instrument, act, license or promise

A

Revocation

121
Q

enactments by an administrative body within the jurisdiction of that agency

A

Rules and regulations

122
Q

a debt which is supported by a pledge, mortgage or lien on assets belongind to the debtor

A

Secured claim

123
Q

a nuncaptive will, informal in nature, in which a solider in the field or sailor at sea may dispose of personal property only

A

Soliders and sailors will

124
Q

an estate in which the assests exceed the liabilites

A

Solvent estate

125
Q

a written instrument authorizing one person to act as an agent for another effective only upon a certain event ocurring

A

Springing power of attorney

126
Q

a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same to stand by things decided

A

Stare decisis

127
Q

a law enacted by a federal or state legislative body

A

Statute

128
Q

law created by legislative bodies in contract to law generated by judical opinions (case law) and administrative bodies

A

Statutory law

129
Q

the condition of leaving a will at death

A

Testate

130
Q

a man who makes a vaild will

A

Testator

131
Q

a woman who makes a vaild will

A

Testatrix

132
Q

agreements which involve the funeral director/funeral home because the family being served has contracted with someone else (third party) for services or merchandise also available from the funeral home.

A

Third party contracts

133
Q

a private or civil wrong, other than breach of contract, for which there may be action for damages

A

Tort

134
Q

one who intentionally and without consent or privilege enters another’s property

A

Trespasser

135
Q

account established by one indiviual to be held for the benefit of another (as a method of payment of funeral expenses) creates a fiduciary responbility. Money paid to a funeral home for future services is placed in an account with the funeral as trustee for the benefit of another

A

Trust account

136
Q

one who holds title to property or another position of trust to beneficiary, in funeral arrangements, the person who has the right to control funeral does so on behalf of all survivors

A

Trustee

137
Q

a law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives the right to another

A

Uniform Anatomical Gift Act (UAGA)

138
Q

a model law intended to achieve uniformity in probate proceedings throughout th U.S.

A

Uniform Probate Code

139
Q

a claim which is not supported by a pledge, mortgage or lien on other assets

A

Unsecured claim

140
Q

the registration, preparation, transcription, collection, and presewrvation of data pertaining to births, adoption, deaths, stillbirths. marital status, etc

A

Vital statistics

141
Q

those drivers not under the control of the funeral director

A

Volunteer driver

142
Q

an instrument executed with required formality, by persons making disposition of their property to take effect upon their death

A

Will

143
Q

a law passsed 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 oridance

144
Q
A

NBE ARTS (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions