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Arts Section > Law - Glossary > Flashcards

Law - Glossary 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 or other property

A

actual custody

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3
Q

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

A

ademption

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4
Q

a governmental body created by legislation empowered to regulate 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 through implementation of 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

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 / administratrix / personal representative

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7
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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8
Q

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

A

Americans with Disabilities Act (ADA)

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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 FD and/or embalmer

A

apprentice / intern / resident trainee

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10
Q

a person who receives personal property from another as a bailment

A

bailee

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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 and express or implied-in-fact contract

A

bailment

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12
Q

a person who delivers personal property to another as a bailment

A

bailor

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13
Q

a gift of personal property by Will

A

bequest / legacy

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14
Q

in the Uniformed Anatomical Gift Act part is defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of human body for transplantation; after removal, 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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15
Q

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

A

brain death

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16
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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17
Q

the act of placing the dead human body in the ground

A

burial / interment / inhumement

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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

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

A

cemetery

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21
Q

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

A

clinical death

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22
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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23
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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24
Q

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

A

common law

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25
Q

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

A

constitution

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26
Q

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

A

contract

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27
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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28
Q

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

A

constructive custody

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29
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 non doctor in attendance

A

coroner / medical examiner / justice of the peace

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30
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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31
Q

the final product remaining after completion of the entire cremation/pulverization process

A

cremated remains

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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

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33
Q

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

A

crematory

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34
Q

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

A

crime

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35
Q

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

A

custodian

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36
Q

the cessation of life; permanent cessation of all vital functions and signs

A

death

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37
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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38
Q

a gift of real estate; the act/process of transferring ownership of real property

A

devise

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39
Q

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

A

devisee

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40
Q

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

A

disinterment / exhumation

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41
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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42
Q

exists when one person appoints an agent; agent status which will become or remain effective in the event the original party should later become incapacitated

A

durable power of attorney

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43
Q

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

A

embalmer

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44
Q

the inherent power of a government to take private property for public use; in the US just compensation to the property owner(s) is required

A

eminent domain

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45
Q

the placing of remains in a crypt in a mausoleum

A

entombment

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46
Q

a governmental agency with environmental protection regulatory and enforcement authority

A

Environmental Protection Agency (EPA)

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47
Q

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

A

escheat

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48
Q

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

A

estate

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49
Q

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

A

estrangement

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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 / personal representative

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51
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 (FTC)

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52
Q

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

A

final disposition

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53
Q

a person properly licensed, engaged in, or conducting, or holding himself/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 / funeral service practitioner

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54
Q

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

A

funeral establishment

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55
Q

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

A

funeral service law / mortuary law / mortuary jurisprudence

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56
Q

a written instrument authorizing one person to do anything for the principal

A

general power of attorney

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57
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

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58
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

59
Q

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

A

guardian

60
Q

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

A

heir

61
Q

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

A

holographic will

62
Q

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

A

householder

63
Q

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

A

inheritance

64
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

65
Q

the act of placing the dead human body in the ground

A

interment

66
Q

between two or more states

A

interstate

67
Q

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

A

intestate succession

68
Q

within a state

A

intrastate

69
Q

listing and valuation of a decedent’s assets 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 dead 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 / coroner / medical examiner

73
Q

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

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 ____ against a dead human body for it is not property)

A

lien

78
Q

automotive equipment made available of 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 a relatively short time, and which becomes effective when such person is no longer able to make decisions regarding his/her medical treatment

A

living will

80
Q

improper or negligent professional acts by a professional person

A

malpractice

81
Q

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

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 disposition

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

A

negligence

88
Q

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

A

non-guaranteed contract

89
Q

a landowner’s use of property which interferes with the public or another landowner’s 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 prejudicial 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 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 responsibility for regulation 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 (e.g., zoning, building, safety, etc.)

A

ordinance

95
Q

an act with complete disregard for proper conduct which 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 person; executor and/or administrator 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 proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share

A

per stirpes

100
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

101
Q

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

A

power of attorney

102
Q

a decision of a higher court (e.g., 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 privilege; a superior claim or right of payment as against another of the same kind or class

A

preferred claim

104
Q

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

A

pre-funded funeral arrangements

105
Q

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

A

preparation room

106
Q

funeral arrangements made in advance of need that do not include provisions for funding or 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 (e.g., funeral home vehicles and livery)

A

private carrier

109
Q

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

A

private cemetery

110
Q

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

A

probate estate

113
Q

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

A

public cemetery

114
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

115
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

116
Q

the relationship existing 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 convenant

119
Q

agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed 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 belonging to the debtor

A

secured claim

123
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

124
Q

an estate in which the assets exceed the liabilities

A

solvent estate

125
Q

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

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 contrast to law generated by judicial 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 valid will

A

testator

131
Q

a woman who makes a valid will

A

testatrix

132
Q

agreements which involve the funeral director/funeral home because the family being served has contracted with someone else for services or merchandise also available from the funeral home i.e., caskets, vaults, urns, pre-need insurance, etc.

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 individual to be held for the benefit of another (as a method of payment of funeral expenses); creates a fiduciary responsibility; money paid to a funeral home for future services is placed in an account with the funeral home as trustee for the benefit of another

A

trust account

136
Q

one who holds the 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

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 the US

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, compilation, and preservation of data pertaining to births, adoptions, 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 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

Arts Section (19 decks)

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