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Principles II - Vocabulary > Funeral Service Law: Mortuary Law > Flashcards

Funeral Service Law: Mortuary Law Flashcards

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1
Q

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

A

abatement

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2
Q

the physical possession of the dead human body

A

actual custody of the body

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3
Q

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

A

ademption

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4
Q

a governmental body created by legislation empowered to regulate an industry and issue release an regulations

A

administrative agency

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5
Q

that body of law created by federal and state administrative agencies to implement their powers and duties in the form of rules, regulations, orders and decisions (osha, ftc., state board rules)

A

administrative law

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6
Q

a man who has been appointed by the court to settle an estate

A

administrator

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7
Q

a woman who has been appointed by the court to settle an estate

A

administratrix

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8
Q

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

A

agent driver

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9
Q

a person engaged 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

A

apprentice/intern/resident trainee

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10
Q

a gift of personal property by will

A

bequest (legacy)

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11
Q

in the Uniformed Anatomical Gift Act defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplantation. After removal of a body part, without unnecessary mutilation, the custody of the reminder or the body rests with the person who otherwise has the right to control final disposition

A

body parts

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12
Q

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

A

brain death

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13
Q

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

A

building code

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14
Q

a dead human body intended solely for scientific study and dissection

A

cadaver

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15
Q

appellate court decisions that establish precedented principles

A

case law

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16
Q

absence of all vital signs

A

clinical death/legal death

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17
Q

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

A

codicil

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18
Q

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

A

common carrier

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19
Q

non-legislated principles and rules of action predicated upon usages and customs

A

common law

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20
Q

any fundamental or important law of edict

A

constitution

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21
Q

where a party has a right to acquire actual custody/possession or the dead body although another party has actual physical possession

A

constructive custody/possession

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22
Q

see medical examiner

A

coroner

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23
Q

see dead human body

A

corpse

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24
Q

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

A

cremation

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25
Q

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

A

crime

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26
Q

a legal process used by one wishing to collect a debt from an estate

A

creditors claim

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27
Q

funeral director becomes legal protector of dead human body from time of removal until final dispo

A

custodian

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28
Q

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

A

dead human body (corpse)

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29
Q

cessation of life, permanent cassations of all vital functions and signs

A

death

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30
Q

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

A

degree of kindred

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31
Q

a gift of real estate made by will

A

devise

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32
Q

one who inherits real estate under a will

A

devisee

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33
Q

the removal of a human remains previously buried in the earth

A

disinternment (exhumation)

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34
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 thins decided

A

doctrine of stare deceases

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35
Q

exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled

A

durable power of attorney

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36
Q

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

A

embalmer

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37
Q

the inherent power of a government to take private property of public use. in the US just compensation to the property owners is required

A

eminent domain

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38
Q

the placing of remains in a crypt in a mausoleum

A

entombment

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39
Q

a governmental agency with environmental protection regulatory and enforcement authority

A

environmental protection agency / spa

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40
Q

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

A

escheat

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41
Q

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

A

estate

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42
Q

a set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct

A

ethics

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43
Q

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

A

executor

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44
Q

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

A

executrix

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45
Q

see disinterment

A

exhumation

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46
Q

an agency of 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

A

federal trade commission

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47
Q

death of a product of conception prior to the complete expulsion or extraction from its mother

A

fetal death

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48
Q

the conclusive performance of services with respect to the dead human body

A

final disposition

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49
Q

a person properly licensed, engaged in, or conducting, or holding himself out as being engaged in; 1) preparing, other than by embalming, for the burial or disposition of dead human bodies 2)maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies

A

funeral director

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50
Q

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

A

funeral establishment

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51
Q

an instrument in writing 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

52
Q

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

A

gross negligent

53
Q

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

A

guardian

54
Q

one who inherits or is entitled to receive, property by willow laws intestacy

A

heir

55
Q

a will written entirely by the testator with his own hand

A

holographic will

56
Q

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

A

householder

57
Q

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

A

inheritance

58
Q

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

A

insolvent estate

59
Q

the act of plain goth dead human body in the ground

A

interment

60
Q

between two or more states

A

interstate

61
Q

the state or condition of dying without having made a will

A

intestate

62
Q

the succession of an heir at law to the property and estate of his ancestor when the leather has died without a will

A

intestate succession

63
Q

with in a state

A

intrastate

64
Q

listing and valuation of a decedents assets by personal representative of the estate

A

inventory

65
Q

a public officer who duties may include among other things the investigation of death. see Medical Examiner

A

justice of peace

66
Q

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

A

kin

67
Q

a rule of action prescribed by an authority able to enforce its will

A

law

68
Q

see bequest

A

legacy

69
Q

one who inherits personal property under a will

A

legatee

70
Q

responsibility for wrongful acts or other debts

A

liability

71
Q

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

A

lien

72
Q

the complete expulsion or extraction from its mother of a product of conception which, after such separation, breathes or shows any other evidence of life

A

live birth

73
Q

automotive equipment made available for hire.

A

livery

74
Q

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

A

living will

75
Q

improper or negligent professional act by a professional person

A

malpractice

76
Q

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

A

medical examiner/coroner/justice of peace

77
Q

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

A

mental anguish

78
Q

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

A

morgue

79
Q

a secured loan on a parcel of real estate

A

mortgage

80
Q

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

A

moral turpitude

81
Q

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

A

mortuary law.mortuary jurisprudence/funeral service law

82
Q

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

A

mutilation

83
Q

failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care

A

negligence

84
Q

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

A

nuisance

85
Q

act, 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

86
Q

act, 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

A

nuisance per se

87
Q

oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing

A

nuncupative will

88
Q

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

A

occupational safety and health administration

89
Q

a law passed by a municipal governing body

A

ordinance

90
Q

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

A

outrageous act

91
Q

the method of dividing an estate by which an equal share is given to each of a number of persons i.e. executors and administrators

A

per capita

92
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

93
Q

method of dividing an estate where a class or group of distributes take the share which their deceased would have been entitled to had their deceased survived

A

per stirpes

94
Q

person who represents and administers the estate of deceased persons i.e. executors and administrators

A

personal representative

95
Q

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

A

police power

96
Q

an instrument in writing authorizing one person to act as agent for another. Power of attorney is revoked on death of principal by operation of law. Power of attorney can be general or special

A

power of attorney

97
Q

a decision of a court which is thereafter followed as an example by other courts

A

precedent

98
Q

that facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies

A

preparation room

99
Q

those who transport only in particular instances and only for those they come to contract with funeral home vehicles and livery, as opposed to common carrier

A

private carrier

100
Q

the process where the estate of a decedent is administered

A

probate

101
Q

a court having jurisdiction over estates

A

probate court

102
Q

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

A

probate estate

103
Q

a fictional contract created or implied by a court for a person who is unable to contract for himself, an obligation which law creates in the absence of agreement, is invoked by courts where there is unjust enrichment. function of quasi contract is to raise obligation in law were in fact the parties made no promise

A

quasi contract

104
Q

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

A

quasi-property theory

105
Q

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

A

reciprocity

106
Q

an action to recover possession of personal property

A

replevin

107
Q

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

A

restrictive covenant

108
Q

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

A

revocation

109
Q

enactments by an administrative body within the jurisdiciton of that agency

A

rules and regulations

110
Q

a debt which is supported by a pledge, mortgage, or lien on assets belonging to the debto

A

secured claim

111
Q

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

A

soldiers and sailors will

112
Q

an estate in which the assets exceed the liabilities

A

solvent estate

113
Q

see doctrine of stare deceases

A

stare decisis

114
Q

a law enacted by a federal or state legislative body

A

statute

115
Q

law created by legislative bodies in contrast to law generated by judicial opinions and administrative bodies

A

statutory law

116
Q

the condition of leaving a will at death

A

testate

117
Q

a man who make a valid will

A

testator

118
Q

a woman who makes a valid will

A

testatrix

119
Q

a wrongful act committed by one person against another person or their property

A

tort

120
Q

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

A

trustee

121
Q

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

A

uniform anatomical gift act

122
Q

a model law to achieve uniformity in probate proceedings throughout the US

A

uniform probate code

123
Q

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

A

unsecured claim

124
Q

the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, still births, marital status, etc

A

vital statistics

125
Q

those drivers not under rt. direct control of the funeral director

A

volunteer driver

126
Q

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

A

will

127
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

Principles II - Vocabulary (21 decks)

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