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Funeral Law > Glossary Terms > Flashcards

Glossary Terms Flashcards

1
Q

What is acceptance?

A

An agreement to an offer resulting in a contract.

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2
Q

What is accord and satisfaction?

A

An agreement made and executed in satisfaction of the rights one has from a previous contract.

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3
Q

What is an agent?

A

The party appointed by the principal to enter into a contract with a third party on behalf of the principal.

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4
Q

What is an alien corporation?

A

One that is incorporated in a foreign country.

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5
Q

What is an answer?

A

Official document detailing a defendant’s defense.

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6
Q

What is antitrust?

A

Laws which seek to promote competition among businesses.

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7
Q

What is apparent authority?

A

The authority an agent is believed by third parties to have because of the behavior of the principal.

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8
Q

What is an appeal?

A

Request to a higher court to review a lower court’s decision.

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9
Q

What are appellate courts?

A

Courts hearing cases appealed from a lower court.

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10
Q

What is arraignment?

A

Charging a person with a crime and asking for that person’s plea.

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11
Q

What does arrest mean?

A

To take into police custody.

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12
Q

What is an assignee?

A

The party to whom the assignment is made.

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13
Q

What is an assignment?

A

A means whereby one party in a contract conveys rights to another person, who is not a party to the original contract.

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14
Q

What is an assignor?

A

The party making the assignment.

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15
Q

What is authority?

A

Power to act for someone else.

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16
Q

What is a bailee?

A

The party who acquires possession, but not the title, of personal property by one party to another, under agreement.

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17
Q

What is bailment?

A

The transfer of possession, but not the title of personal property by one party to another, under agreement.

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18
Q

What is a bailor?

A

The party who gives up possession, but not the title, of personal property in a bailment.

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19
Q

What is a bearer?

A

A person in possession of an instrument.

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20
Q

What is bearer paper?

A

Commercial paper payable to bearer, i.e. to the person having possession of such.

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21
Q

What is a beneficiary?

A

Recipient of the proceeds of a life insurance policy: one who inherits property as specified in a will.

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22
Q

What is a bilateral contract?

A

A contract which consists of mutual promises to perform some future acts.

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23
Q

What is a bill of lading?

A

The contract existing between the consignor and the carrier.

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24
Q

What is a bill of sale?

A

A document of conveyance which provides written evidence of one’s title to tangible personal property.

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25
Q

What is a blank endorsement?

A

Having no words other than the signature of the endorser.

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26
Q

What is a board of directors?

A

A body of persons elected by the stockholders to define and establish corporate policy.

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27
Q

What is booking?

A

Administrative step taken after an arrested person is brought to police station, which involves entry of the person’s name, the crime for which the arrest was made, and other relevant facts on the police ‘blotter.’

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28
Q

What is breach of contract?

A

A situation in which one of the parties to a contract fails or otherwise refuses to perform the obligations established in that contract.

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29
Q

What is business law?

A

Those rules of conduct prescribed by government and its agencies in regulating business transactions.

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30
Q

What is a cashier’s check?

A

A check drawn on a bank’s own funds and signed by a responsible bank official.

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31
Q

What is a certificate of deposit?

A

The acknowledgment by a bank of a receipt of money with an agreement of repayment.

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32
Q

What is a certified check?

A

A check for which the bank assures that the drawer has sufficient funds to make payment.

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33
Q

What is a check?

A

An order by a depositor on the bank to pay a sum of money to a payee.

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34
Q

What is civil law?

A

The body of law concerned with private or purely personal rights.

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35
Q

What is a close corporation?

A

A designation which applies to a corporation in which outstanding shares of stock and managerial control are held by a limited number of people.

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36
Q

What is commercial paper?

A

A writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit.

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37
Q

What is common law?

A

Customs which have become recognized by the courts as binding on the community.

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38
Q

What are compensatory damages?

A

An award paid to the injured party to cover the exact amount of their loss, but no more.

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39
Q

What is a complaint?

A

The written request which initiates a civil lawsuit.

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40
Q

What is consideration?

A

That which the promisor demands and receives as the price for a promise.

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41
Q

What is a consignee?

A

One to whom goods are shipped by common carrier.

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42
Q

What is a consignor?

A

One who ships goods by common carrier.

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43
Q

What is a contract?

A

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

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44
Q

What is a contract to sell?

A

A seller agrees to transfer title to goods for a consideration (price) at a future time.

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45
Q

What is contractual capacity?

A

The necessity that the parties desiring to enter into contracts meet all requirements.

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46
Q

What is a corporation?

A

A business entity created by statutory law and owned by individuals known as stockholders.

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47
Q

What is a counteroffer?

A

An intended acceptance which changes or qualifies an original offer and in effect, rejects that offer and becomes a new offer.

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48
Q

What is a creditor beneficiary?

A

A person who is not a party to a contract to whom the promisor of a contract owes an obligation or duty.

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49
Q

What is a crime?

A

An offense which is injurious to society as a whole.

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50
Q

What is criminal law?

A

Laws dealing with crimes and the punishment of wrongdoers.

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51
Q

What is a deed?

A

Writing conveying title to real property.

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52
Q

What is a deed of trust?

A

Deed that transfers property to trustee for benefit of creditor.

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53
Q

What is a defendant?

A

The person against whom legal action is brought.

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54
Q

What is disaffirmance?

A

The repudiation of, or election to avoid, a voidable contract.

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55
Q

What is discharge?

A

Termination of a contract by performance, agreement, impossibility, acceptance of breach, or operation of law.

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56
Q

What is discovery?

A

Pretrial steps taken to learn the details of the case.

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57
Q

What is a domestic corporation?

A

Operates in the state that granted the charter.

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58
Q

What is a donee beneficiary?

A

A third-party beneficiary to whom no legal duty is owed, and performance is a gift.

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59
Q

What is a draft?

A

A written order signed by one person requiring the person to whom addressed to pay a particular sum of money, to order or to bearer, on demand or at a certain time.

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60
Q

What is a drawee?

A

The person, company or financial institution ordered to pay a draft.

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61
Q

What is a drawer?

A

The person who executes any draft.

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62
Q

What is duress?

A

A means of removing one’s free will, obtaining consent by means of a threat to do harm to the person, his family, his property, or his earning power.

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63
Q

What is an employee?

A

The person hired to perform work and who is obligated both as to the work to be done and as to the manner in which it is to be done.

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64
Q

What is an employer?

A

The party who employs employees to do certain work.

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65
Q

What is an endorsee?

A

A person who becomes the holder of a negotiable instrument by endorsement which names him or her as the person to whom the instrument is negotiated.

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66
Q

What is an endorsement?

A

The signature or statement of purpose by the owner on the back of a negotiable instrument, which indicates the future control of the instrument.

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67
Q

What is an endorser?

A

Person who writes his or her name on back of an instrument.

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68
Q

What is an executed contract?

A

Those contracts in which the terms have been fulfilled.

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69
Q

What is execution?

A

The carrying out or completion of some task.

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70
Q

What is an executory contract?

A

Those contracts in which the terms have not been completely executed or fulfilled by the parties.

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71
Q

What are existing goods?

A

Those goods which are, at the time of the contract, in existence and owned by the seller.

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72
Q

What is express authority?

A

The authority of an agent, stated in the document or agreement creating the agency.

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73
Q

What is an express contract?

A

A contract in which the parties express their intentions, either orally or in writing, at the time of the agreement.

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74
Q

What are express warranties?

A

The actual and definite statement of a seller, either orally or in writing, at the time of the sale.

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75
Q

What is a fee simple estate?

A

Largest, most complete right in property.

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76
Q

What is a felony?

A

A more serious criminal offense that is punishable by death or by imprisonment in a penitentiary for more than one year.

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77
Q

What is a fiduciary?

A

A relationship of trust and confidence, such as that which exists between partners in a partnership.

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78
Q

What is a foreign corporation?

A

Designation that applies when a corporation operates in any state other than where it is chartered.

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79
Q

What is a formal contract?

A

Those contracts which must be in special form or produced in a certain way, such as under seal.

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80
Q

What is fraud?

A

The intentional or reckless false statement of a material fact, upon which the injured party relied, which induced the injured party to enter into a contract, to his or her detriment.

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81
Q

What are future goods?

A

Those goods selected which are not in existence at the time in which the contract was created.

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82
Q

What is a general agent?

A

One who is authorized to execute the principal’s business of a particular kind, or all the principal’s business at a particular place, if not all of one kind.

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83
Q

What is a general partner?

A

Those individuals actively and openly engaged in the business and held to everyone as a partner.

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84
Q

What are goods?

A

Movable tangible personal property.

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85
Q

What is a holder?

A

One in possession of commercial paper.

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86
Q

What are identified goods?

A

The goods specified by the buyer and seller.

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87
Q

What is implied authority?

A

An agent’s authority to do things not specifically authorized in order to carry out express authority.

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88
Q

What is an implied contract?

A

One in which the terms of the contract are implied by acts or conduct of the parties.

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89
Q

What are implied warranties?

A

Warranties imposed by law, arising automatically because the sale has been made.

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90
Q

What is an independent contractor?

A

One who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as to a means by which the contract is executed, except for specifications established in the contract.

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91
Q

What is an injunction?

A

A permanent judicial order or decree forbidding the performance of a certain act.

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92
Q

What is intangible personal property?

A

Evidence of ownership of personal property, such as stock of corporations, checks and copyrights.

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93
Q

What is a judgment?

A

A decision of a court of law.

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94
Q

What is law?

A

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

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95
Q

What is a life estate?

A

Estate for duration of a person’s life.

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96
Q

What is a limited liability company?

A

Newest form of business ownership recognized in the U.S.; combines features of both the corporation and partnership.

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97
Q

What is a limited partner?

A

Partners who have their liability for the firm’s debts limited to the amount of their investment.

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98
Q

What are liquidated damages?

A

The amount of the damages stipulated in a contract to be paid in the event one party breaches the contract.

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99
Q

What is a maker?

A

The person who executes a promissory note.

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100
Q

What is malpractice?

A

A breach of contract by a professional person; failure to perform a professional service with the ability and care generally exercised by others in the profession.

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101
Q

What is a merchant?

A

A person who deals in goods of the kind or otherwise by occupation purports to have knowledge or skill peculiar to the practices or goods involved in the transaction.

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102
Q

What is a minor?

A

Those persons under legal age; by most states (but not all), the standard is under the age of eighteen.

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103
Q

What is a misdemeanor?

A

A less serious criminal offense, generally punishable by fine and/or imprisonment of less than one year.

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104
Q

What is misrepresentation?

A

Stating an untrue fact.

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105
Q

What are necessaries?

A

Items, required or proper and useful, for sustaining a human being at an appropriate living standard (i.e. food, clothing and shelter).

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106
Q

What is negligence?

A

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.

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107
Q

What is a negotiable instrument?

A

A writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit.

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108
Q

What is negotiation?

A

The act of transferring ownership of a negotiable instrument to another party.

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109
Q

What are nominal damages?

A

A token award to symbolize vindication of the wrong done to the plaintiff, generally the award is $1.00.

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110
Q

What is novation?

A

The substitution of a new party for one of the original parties to a contract, such that the prior contract terminates and a new one substitutes for it.

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111
Q

What is an offer?

A

A proposal to make a contract.

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112
Q

What is an offeree?

A

The person to whom an offer is made.

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113
Q

What is an offeror?

A

The party who initiates or makes an offer.

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114
Q

What is order paper?

A

Commercial paper made payable to the order of some named party; the word order or its equivalent must be used.

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115
Q

What is an ordinance?

A

Law enacted by a municipality.

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116
Q

What is a partnership?

A

The voluntary association of two or more people who have combined their resources to carry on as co-owners of a lawful enterprise for their joint profit.

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117
Q

What is a payee?

A

The party to whom any negotiable instrument is made payable.

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118
Q

What is personal property?

A

All property which is not real property.

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119
Q

What is a petition?

A

A written request initiating a civil suit.

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120
Q

What is a plaintiff?

A

The individual who initiates a civil action.

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121
Q

What is price?

A

The consideration stipulated by contract, generally expressed in money or money-worth.

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122
Q

What is a principal?

A

A party who appoints a second party to serve as an agent.

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123
Q

What is a private corporation?

A

A corporation formed by individuals to carry out some non-governmental function.

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124
Q

What is process?

A

A notice given to a defendant, attaching the complaint and stating a time frame in which an answer must be filed or an appearance made.

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125
Q

What is promissory estoppel?

A

An equitable doctrine that prevents the promisor from revoking the promise when the promisee justifiably acts in reliance upon the promise to his detriment.

126
Q

What is a promissory note?

A

A negotiable instrument containing a promise to pay.

127
Q

What is a public corporation?

A

A corporation formed to carry out government functions.

128
Q

What are punitive damages?

A

An award paid to the plaintiff in order to punish the defendant, not to compensate the plaintiff.

129
Q

What is a qualified endorsement?

A

An endorsement which limits the liability of the endorser.

130
Q

What is ratification?

A

Conforming an act which was executed without authority or an act which was voidable.

131
Q

What is real property?

A

Land and those objects permanently attached to land.

132
Q

What is rescission?

A

Canceling, annulling, avoiding.

133
Q

What is rejection?

A

Refusal to accept.

134
Q

What is restrictive endorsement?

A

An endorsement which prevents the use of the instrument for anything except the stated use.

135
Q

What is revocation?

A

The annulment or cancellation of an instrument, act or promise by one doing or making the offer.

136
Q

What is a sale?

A

The transfer of title to goods from the seller to the buyer for a consideration called the price.

137
Q

What are service contracts?

A

The contracting of services rather than goods.

138
Q

Who are shareholders?

A

Those having title to one or more shares of stock in a corporation; combined, they represent ownership of the corporation.

139
Q

What is the Sherman Antitrust Act?

A

Federal legislation intended to promote competition among businesses by prohibiting restraint of trade.

140
Q

What is a silent partner?

A

An individual who takes no active part in the management of a partnership, but has capital invested in the business.

141
Q

What is a simple contract?

A

Any contract other than a formal contract, whether written, oral or implied.

142
Q

What is a sole proprietorship?

A

A business owned by one person who is subject to claims of creditors.

143
Q

What is a special agent?

A

One authorized by the principal to execute specific act(s).

144
Q

What is a special endorsement?

A

An endorsement which designates the particular person to whom payment is to be made.

145
Q

What is specific performance?

A

A contract remedy by which the court requires the breaching party to perform the contract.

146
Q

What is stare decisis?

A

The principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future.

147
Q

What is the statute of frauds?

A

A statute originally enacted by English Parliament, and now enacted in some form in all the American states, listing certain types of contracts which could only be enforced if in written form.

148
Q

What is the statute of limitations?

A

A law that restricts the period of time within which an action may be brought to court.

149
Q

What are statutes?

A

Laws which are enacted by legislative bodies.

150
Q

What is a subchapter S corporation?

A

A creation of the tax codes; shareholders elect to be taxed as a partnership (no double taxation) without losing corporation status.

151
Q

What is a summons?

A

A notice given to a defendant, attaching the complaint and stating a time frame in which an answer must be filed or an appearance made.

152
Q

What is a third party beneficiary?

A

Person not party to a contract, but whom parties intended to benefit.

153
Q

What is title?

A

Ownership; evidence of ownership of property.

154
Q

What is a tort?

A

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

155
Q

What is a trial court?

A

Court which conducts the original trial and renders its decision.

156
Q

What is undue influence?

A

Improper influence that is asserted by one dominant person over another, without the threat of harm.

157
Q

What is an unenforceable contract?

A

An agreement which at the current time is not enforceable.

158
Q

What is a time frame in which an answer must be filed or an appearance made?

A

It is a specified period during which legal actions must be initiated.

159
Q

What is a third party beneficiary?

A

A person not party to a contract, but whom parties intended to benefit.

160
Q

What does title refer to in legal terms?

A

Ownership; evidence of ownership of property.

161
Q

What is a trial court?

A

The court which conducts the original trial and renders its decision.

162
Q

What is an unenforceable contract?

A

An agreement which at the current time is not enforceable by law.

163
Q

What is the Uniform Commercial Code?

A

Recognized as the most important statute in business law, it includes provisions which regulate certain sales of goods and negotiable instruments.

164
Q

What is a unilateral contract?

A

A contract formed when an act is done in consideration for a promise.

165
Q

What does usurious mean?

A

Exceeding the maximum rate of interest which may be charged on loans.

166
Q

What is a valid contract?

A

A contract which will be enforced by the court.

167
Q

What is a void contract?

A

An agreement of no legal effect.

168
Q

What is a voidable contract?

A

A contract which would be an enforceable agreement, but due to circumstances may be set aside by one of the parties.

169
Q

What are warranties?

A

Guarantees made by a seller that an article, good or service will conform to a certain standard or will operate in a certain manner.

170
Q

What is abatement?

A

A proportional reduction of a devise when estate assets are not sufficient to pay it in full.

171
Q

What is actual custody?

A

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

172
Q

What is ademption?

A

The extinction or withdrawal of a devise because the decedent did not own the named property at the time of death.

173
Q

What is an administrative agency?

A

A governmental body created by legislation empowered to make and enforce rules and regulations.

174
Q

What is administrative law?

A

The rules and regulations created by Federal and State administrative agencies (e.g., OSHA, FTC, state board rules and regulations).

175
Q

What is an agent driver?

A

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

176
Q

What does the Americans with Disabilities Act (ADA) prohibit?

A

Discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services.

177
Q

What is an apprenticeship?

A

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.

178
Q

Who is a bailee?

A

A person who receives personal property from another as a bailment.

179
Q

What is bailment?

A

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.

180
Q

Who is a bailor?

A

A person who delivers personal property to another as a bailment.

181
Q

What are body parts?

A

Organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body.

182
Q

What is brain death?

A

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

183
Q

What is a building code?

A

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

184
Q

What is burial?

A

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

185
Q

What is a cadaver?

A

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

186
Q

What is case law?

A

Appellate court decisions based on custom and usage and prior decisions.

187
Q

What is a cemetery?

A

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

188
Q

What is a codicil?

A

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

189
Q

What is a common carrier?

A

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.).

190
Q

What is a constitution?

A

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.

191
Q

What is a contract?

A

A legally enforceable agreement.

192
Q

What is a contract carrier?

A

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

193
Q

What is constructive custody?

A

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

194
Q

What is a coroner?

A

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.

195
Q

What is a corpse?

A

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

196
Q

What are cremated remains?

A

The final product remaining after completion of the entire cremation/pulverization process. The product is never referred to as ‘cremains’.

197
Q

What is cremation?

A

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

198
Q

What is a crematory?

A

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

199
Q

What is a crime?

A

An action against society as a whole in violation of constitution, statutes, or ordinances, e.g., treason, felony, misdemeanor.

200
Q

What is a custodian?

A

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

201
Q

What is a dead human body?

A

See corpse.

202
Q

What is death?

A

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

203
Q

What is degree of kindred?

A

Relationship of decedent to blood relatives.

204
Q

What is a devise?

A

A gift of real or personal property by will.

205
Q

Who is a devisee?

A

The person who receives a devise.

206
Q

What is disinterment?

A

The removal of human remains from previous location of final disposition.

207
Q

What is due diligence?

A

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

208
Q

What is a durable power of attorney?

A

A power of attorney that remains in effect after the disability or incapacity of the principal.

209
Q

Who is an embalmer?

A

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

210
Q

What is eminent domain?

A

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.

211
Q

What is entombment?

A

The placing of remains in a crypt in a mausoleum.

212
Q

What is the Environmental Protection Agency (EPA)?

A

A governmental agency with environmental protection regulatory and enforcement authority.

213
Q

What is escheat?

A

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

214
Q

What is an escrow account?

A

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

215
Q

What is an estate?

A

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

216
Q

What is estrangement?

A

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

217
Q

What is exhumation?

A

See Disinterment.

218
Q

What is the Federal Trade Commission (FTC)?

A

An agency of federal government to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.

219
Q

What is final disposition?

A

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

220
Q

Who is a funeral director?

A

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.

221
Q

What is a funeral establishment?

A

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

222
Q

What is funeral service law?

A

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

223
Q

What is a funeral service practitioner?

A

See Funeral director.

224
Q

What is a general power of attorney?

A

A written instrument granting the agent broad powers to act for the principal.

225
Q

What is a gross negligent act?

A

The intentional failure or the reckless disregard of the consequences with respect to conduct affecting the life or property of another.

226
Q

What is a guaranteed contract?

A

An agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need for a sum not exceeding the original amount of the aforementioned contract plus any accruals.

227
Q

Who is a guardian?

A

A person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability.

228
Q

Who is an heir?

A

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

229
Q

What is a holographic will?

A

A will written entirely by the hand of the testator.

230
Q

What is inheritance?

A

The estate which passes from the decedent to heirs.

231
Q

What is inhumement?

A

See Burial.

232
Q

What is an insolvent estate?

A

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

233
Q

What is interment?

A

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

234
Q

What is an internship?

A

See Apprenticeship.

235
Q

What does interstate mean?

A

Between two or more states.

236
Q

What does intestate mean?

A

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

237
Q

What is intestate succession?

A

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

238
Q

What does intrastate mean?

A

Within a state.

239
Q

What is an inventory?

A

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

240
Q

Who is an invitee?

A

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.

241
Q

What is an irrevocable contract?

A

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

242
Q

What is kin?

A

One’s relatives collectively; referring to blood relationship.

243
Q

What is law?

A

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

244
Q

What is liability?

A

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

245
Q

What is a lien?

A

A claim or charge against real or personal property for payment of some debt.

246
Q

What is livery?

A

Automotive equipment made available for hire.

247
Q

What is a living will?

A

A document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition.

248
Q

What is malpractice?

A

Failure to perform a professional service with the ability and care generally exercised by others in the profession.

249
Q

Who is a medical examiner?

A

A forensically-trained physician whose duty it is to investigate questionable or unattended deaths.

250
Q

What is mental anguish?

A

A condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury.

251
Q

What is a morgue?

A

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

252
Q

What is a mortgage?

A

A secured loan on a parcel of real property.

253
Q

What is moral turpitude?

A

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

254
Q

What is mortuary law?

A

See Funeral service law.

255
Q

What is mutilation?

A

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

256
Q

What is negligence?

A

Failure to exercise reasonable care.

257
Q

What is a non-guaranteed contract?

A

Agreement in which the funeral home promises to apply the amount pre-paid plus any accruals to the balance due.

258
Q

What is a nuisance?

A

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

259
Q

What is nuisance in fact?

A

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.

260
Q

What is nuisance per se?

A

Acts, occupations or structures which are nuisances at all times and under all circumstances.

261
Q

What is a nuncupative will?

A

Oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property.

262
Q

What is the Occupational Safety and Health Administration (OSHA)?

A

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

263
Q

What is an ordinance?

A

A law passed by a local municipal governing body.

264
Q

What is an outrageous act?

A

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

265
Q

What does per capita mean?

A

The method of dividing an estate by which an equal share is given to each of a number of persons.

266
Q

Who is a personal representative?

A

Person who is appointed by the court to represent and administer the estate of deceased persons.

267
Q

What does per stirpes mean?

A

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

268
Q

What is police power?

A

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

269
Q

What is a power of attorney?

A

An instrument granting someone authority to act as agent or attorney-in-fact for the principal.

270
Q

What is a preferred claim?

A

A claim which is accorded a priority, advantage or privilege.

271
Q

What are pre-funded funeral arrangements?

A

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

272
Q

What is a preparation room?

A

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

273
Q

What are pre-planned funeral arrangements?

A

Funeral arrangements made in advance of need that do not include provisions for funding or prepayment.

274
Q

What is priority?

A

The order in which claims will be paid when there are insufficient assets to pay all of the claims.

275
Q

What is a private carrier?

A

Those who transport only in particular instances and only for those they choose to contract with.

276
Q

What is a private cemetery?

A

A cemetery owned by a private enterprise such as a corporation for profit, a non-profit corporation, partnership, sole owners, religious orders, etc.

277
Q

What is probate?

A

The process of administering the estate and determining the validity of a will.

278
Q

What is a probate court?

A

A court having jurisdiction over estates.

279
Q

What is a probate estate?

A

The property and debts of a decedent that is subject to administration by the personal representative of an estate.

280
Q

What is a public cemetery?

A

A cemetery owned by a governmental unit (federal, state or municipal).

281
Q

What is the quasi-property theory?

A

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.

282
Q

What is reciprocity?

A

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

283
Q

What is replevin?

A

An action to recover possession of wrongfully withheld personal property.

284
Q

What is resident training?

A

See Apprenticeship.

285
Q

What is a restrictive covenant?

A

Provision in a deed limiting the use of real property and prohibiting certain uses.

286
Q

What is a revocable contract?

A

Agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary.

287
Q

What is revocation?

A

The omission or cancellation of an instrument, act, license or promise.

288
Q

What are rules and regulations?

A

Laws created by an administrative agency within its jurisdiction.

289
Q

What is a secured claim?

A

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

290
Q

What is a solvent estate?

A

An estate in which the assets exceed the liabilities.

291
Q

What is a springing power of attorney?

A

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

292
Q

What is stare decisis?

A

A policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same.

293
Q

What is a statute?

A

A law enacted by a legislative body.

294
Q

What does testate mean?

A

The condition of leaving a will at death.

295
Q

Who is a testator?

A

A person who makes a valid will.

296
Q

What are third party contracts?

A

Agreements which are incident to providing services and merchandise other than by the funeral establishment.

297
Q

What is a tort?

A

A private or civil wrong against a person or his or her property, other than by breach of contract, for which there may be action for damages.

298
Q

Who is a trespasser?

A

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

299
Q

What is a trust account?

A

Account established by one individual to be held for the benefit of another; creates a fiduciary responsibility.

300
Q

Who is a trustee?

A

One who holds title to property or another position of trust to a beneficiary.

301
Q

What is the Uniform Anatomical Gift Act?

A

Legislation that governs the donation of organs and tissues for transplantation or research.

302
Q

What is a trespasser?

A

A trespasser is one who intentionally and without consent or privilege enters another’s property.

303
Q

What is a trust account?

A

A trust account is established by one individual to be held for the benefit of another, creating a fiduciary responsibility.

304
Q

What is a trustee?

A

A trustee is one who holds title to property or another position of trust to a beneficiary.

305
Q

What is the Uniform Anatomical Gift Act (UAGA)?

A

The UAGA is a law permitting competent persons or others to give gifts of all or any part of the body to take effect upon death.

306
Q

What is the Uniform Probate Code?

A

The Uniform Probate Code is a model law intended to achieve uniformity in probate proceedings throughout the U.S.

307
Q

What is an unsecured claim?

A

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

308
Q

What are vital statistics?

A

Vital statistics are the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc.

309
Q

Who is a volunteer driver?

A

A volunteer driver is one who is not under the control of the funeral director.

310
Q

What is a will?

A

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

311
Q

What is a zoning ordinance?

A

A zoning ordinance is a law passed by a local unit of government which regulates and prescribes the land use planning.

Funeral Law (6 decks)

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