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Jurisprudence > Glossary: Funeral Service Law > Flashcards

Glossary: Funeral Service Law Flashcards

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 rules and 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 (e.g., OSHA, FTC, state board rules and regulations)

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 for the driver’s negligent actions

A

Agent driver

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9
Q

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

A

Americans with Disabilities Act (ADA)

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10
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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11
Q

A person who receives personal property from another as a bailment

A

Bailee

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12
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

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13
Q

A person who delivers personal property to another as a bailment

A

Bailor

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14
Q

A gift of personal property by will

A

Bequest (legacy)

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15
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 transplantation. After removal of a body part, without necessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition

A

Body parts

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16
Q

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

A

Brain death

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17
Q

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

A

Building code

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18
Q

A dead human body intended solely for scientific study and dissection

A

Cadaver

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19
Q

Appellate court decisions that establish precedented principles

A

Case law

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20
Q

The absence of all vital signs

A

Clinical death (legal death)

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21
Q

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

A

Codicil

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22
Q

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…)

A

Common carrier

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23
Q

Non legislated principles and rules of action predicated upon usages and customs

A

Common law

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24
Q

Any fundamental or important law or edict

A

Constitution

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25
Q

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

A

Contract carrier

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26
Q

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

A

Constructive custody (possession)

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27
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 (see also medical examiner and justice of the peace)

A

Coroner

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28
Q

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

A

Corpse (dead human body)

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29
Q

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

A

Cremation

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30
Q

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

A

Crime

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31
Q

Funeral Director becomes legal protector of dead human body from time of removal until final disposition

A

Custodian

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32
Q

The cessation of life; permanent cessations of all vital functions and signs

A

Death

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33
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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34
Q

A gift of real estate made by will

A

Devise

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35
Q

One who inherits real estate under a will

A

Devisee

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36
Q

The removal of a human remains previously buried in the earth

A

Disinterment (exhumation)

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37
Q

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

A

Due diligence

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38
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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39
Q

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

A

Embalmer

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40
Q

The inherent power of a gov’t to take private property for public use. In the US just compensation to the property owners is required

A

Eminent domain

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41
Q

The placing of a remains in a crypt in a mausoleum

A

Entombment

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42
Q

A governmental agency with environmental protection regulatory and enforcement authority

A

Environmental Protection Agency (EPA)

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43
Q

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

A

Escheat

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44
Q

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

A

Estate

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45
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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46
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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47
Q

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

A

Federal Trade Commission (FTC)

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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 him/herself out as being engaged in:
1. preparing, other than by embalming, for the burial or disposition of dead human bodies;
and / or
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

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 jurisprudence)

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52
Q

An instrument in writing authorizing one person to do anything for the principle. In other words, one party has full power of attorney for another party

A

General power of attorney

53
Q

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

A

Gross negligent act

54
Q

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

A

Gross negligent act

55
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

56
Q

One who inherits, or is entitled to receive property by will or laws intestacy

A

Heir

57
Q

A will written entirely by the testator with his own hand

A

Holographic will

58
Q

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

A

Householder

59
Q

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

A

Inheritance

60
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

61
Q

The act of placing the dead human body in the ground

A

Interment

62
Q

Between two or more states

A

Interstate

63
Q

The state or condition of dying without having made a will

A

Intestate

64
Q

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

A

Intestate succession

65
Q

Within a state

A

Intrastate

66
Q

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

A

Inventory

67
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

A

Invitee

68
Q

A public officer whose duties may include among other things the investigation of death (see also coroner and medical examiner)

A

Justice of the peace

69
Q

One’s relatives collectively; referring to blood relationship (legally, the surviving spouse is not this)

A

Kin

70
Q

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

A

Law

71
Q

One who inherits personal property under a will

A

Legatee

72
Q

Responsibility for wrongful acts or other debts

A

Liability

73
Q

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

A

Lien

74
Q

Automotive equipment made available for hire

A

Livery

75
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 a relatively short time, and when such person is no longer able to make decisions regarding his/her medical treatment

A

Living will

76
Q

Improper or negligent professional act by a professional person

A

Malpractice

77
Q

A forensically-trained physician whose duty it is to investigate questionable or unattended deaths (has replaced the coroner in some states); (see also coroner and justice of the peace)

A

Medical examiner

78
Q

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

A

Mental anguish

79
Q

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

A

Morgue

80
Q

A secured loan on a parcel of real estate

A

Mortgage

81
Q

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

A

Moral turpitude

82
Q

An 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 would not do; the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would)

A

Negligence

84
Q

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

A

Nuisance

85
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

86
Q

Acts, occupations or structures which are nuisances at all times and under all circumstances-: it may be prejudicial to public mortals, dangerous to life, or injurious to public rights

A

Nuisance per se

87
Q

Oral will declare 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)

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 (OSHA)

89
Q

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

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, all of whom stand in equal degree to the decedent

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

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

A

Per stirpes

94
Q

Person who represents and administers the estate of deceased persons (e.g., executors and administrators)

A

Personal representative

95
Q

The 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 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 principle

A

Power of attorney

97
Q

A decision of a court which is thereafter followed as an example in subsequent similar cases

A

Precedent

98
Q

The 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 choose to contract with (e.g., funeral home vehicles and livery)

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 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 (e.g., 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

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 some privileges of licensure to licensees of the other state

A

Reciprocity

106
Q

An action to recover possession of wrongfully withheld 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 jurisdiction 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 debtor

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

An instrument in writing authorizing one person to act as an agent for another affective only upon a certain event occurring

A

Springing power of attorney

114
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

115
Q

A law enacted by a federal or state legislative body

A

Statute

116
Q

Law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies

A

Statutory law

117
Q

The condition of leaving a will at death

A

Testate

118
Q

A man who makes a valid will

A

Testator

119
Q

A woman who makes a valid will

A

Testatrix

120
Q

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

A

Tort

121
Q

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

A

Trespasser

122
Q

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

A

Trustee

123
Q

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

A

Uniform Anatomical Gift Act

124
Q

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

A

Uniform Probate Code

125
Q

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

A

Unsecured claim

126
Q

The registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, martial status, etc.

A

Vital statistics

127
Q

Those drivers not under the control of the funeral director

A

Volunteer driver

128
Q

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

A

Will

129
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

Jurisprudence (10 decks)

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