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Mortuary Law ( Brandi ) > Mortuary Law Exam 3 > Flashcards

Mortuary Law Exam 3 Flashcards

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0
Q

____ are laws passed by a municiple governing body such as a town or city. (Zoning, building, safety, etc.)

A

Ordinances

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1
Q

A ____ is a fixed place of business used in the care and preparation for the funeral and/or disposition of dead human bodies

A

Funeral Establishment

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2
Q

____ are issued by local municipalities, grant permission to use a building or facility for a specified use or purpose such as hospitals, churches, etc; and allows exceptions to zonging ordinances for professions such as doctors and dentists.

A

Special Use Permits

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3
Q

____ are laws passed by a municipality by virtue of the police power which regulates the kind of building, residences, or businesses that may be built and used in different parts (zones) of the municipality

A

Zoning

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4
Q

____ is residential, or commercial; in some municipalities there maybe either no zoning or a combination of residential/commercial

A

Municipality Zoning

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5
Q

____ are regulations which control requirements for business and residential building regarding fire and safety, maintenance and operation, occupancy and use, appearance (designs), materials used in construction, parking spaces, plumbing, electrical, restrooms, signs and etc…

A

Building Codes

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6
Q

____ are provisions in a deed limiting the use of property and prohibiting certain uses (example of these are deed restrictions)

A

Covenants

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7
Q

____ are contracts dealing with transfer of ownership, seller agrees not to compete for a specific period of time, nor in a specific geographical area both are enforeceble by law if deemed reasonable

A

Covenants Not To Compete

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8
Q

____ is defined as an invasion of a landowner’s use if property which interferes with the public or another landowner’s use and enjoyment of his/her property

A

Nuisance

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9
Q

____ are acts, occupations, or structures which are nuisances at all times and under all circumstance; maybe prejudicial to public morals, dangerous to life, or injurious to public rights

A

Nuisance Per Se

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10
Q

____ are acts, occupations, or structures which are not nuisances per se, but may become ____ by circumstance of the location or manner in which it is operated.

A

Nuisance In Fact

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11
Q

____ are rules related to embalming procedures and funeral home personnel protection and safety

A

Occupational Safety & Health Act or “OSHA”

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12
Q

____ are rules concerning the use and control of formaldehyde and chemicals used by embalmers.

A

Environmental Protection Agency or “EPA”

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13
Q

____ help to provide individuals with full use and enjoyment of public accommodations.

A

American With Disability Act or “ADA”

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14
Q

Which one of the 4 requirements of the ADA is to establish ramps, widen doors, cut curbs, and put in handicap parking?

A

1st Requirement

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15
Q

Which one of the 4 requirements os the establish access to restrooms, such as raise toilet seats, mirrors, sinks, and towel dispensers; and to install grab bars?

A

3rd Requirement

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16
Q

Which one of the 4 requirements is to provide public access to areas where goods and services are provided

A

2nd Requirement

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17
Q

Which one of the 4 requirements is to make any modifications that are necessary; such as install water fountains, and payphones?

A

4th Requirement

18
Q

An area of ground set aside and dedicated for the final disposition of a dead human body is known as a ____.

A

Cemetery

19
Q

____ is an inherent power of a government to take private property for public use in the U.S.; this maybe used to obtain land for a public cemetery, and requires just compensation to the property owner.

A

Eminent Domain

20
Q

____ is the model law enacted to achieve uniformity in probate proceeding throughout the US, not adopted by all states

A

Uniform Probate Code or “UPC”

21
Q

___ is the act or process of proving a will

A

Probate

22
Q

____ is the court having jurisdiction over estates

A

Probate Court

23
Q

____ is a gift of real estate made by a will

A

Devise

24
Q

____ is one who inherits the real estate under a will

A

Devisee

25
Q

____ or ____ a gift of PERSONAL PROPERTY under a will

A

Bequest or Legacy

26
Q

____ is one who inherits the PERSONAL PROPERTY under a will

A

Legatee

27
Q

A ____ is an instrument executed with required formality by a person making disposition of his or her property (estate) to take effect upon death

A

Will

28
Q

A ____ automatically revokes a will to extent of the property to the spouse if the court orders a division of property; if no division is ordered the will is not revoked.

A

Divorce

29
Q

____ is the real and/or personal property of a deceased persons.

A

Estate

30
Q

____ is an oral will dictated by testator/testatrix during the last illness before appropriate witnesses; disposes of personal property and is afterwards written down.

A

Nuncupative Will

31
Q

A(n) ____ or ____is 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 or Less

32
Q

A(n) ____ or ____ is an extinction of or withdrawal of legacy by testators/ testatrix’s act

A

Ademption or None

33
Q

A will maybe revoked by the testator at any time prior to the death of the testator, a testator can deliberately destroy a will that will constitute ____.

A

Revocation

34
Q

An addition amendment of a last will and testimony executed with the same formality as the will is ____; changes in the will may occur by operation of the law.

A

Codicil

35
Q

____ is equal share given to each of a number of persons. All of whom stand in equal degree to decendent; Latin meaning “By the Head”

A

Per Capita

36
Q

____is property divided into lines of descent share of each line then divided by way of representation; not all parties receive equal share; Latin for By the Root

A

Per Stiripes

37
Q

____ is succession of an heir at law to poverty and estate of his or her ancestor when the latter dies without a will

A

Intestate Succession

38
Q

____ is forfeiture of decedents property to the state in absence of heirs

A

Escheat

39
Q

____ is the appointment of personal representative to settle the estate

A

Administration of an estate

40
Q

____ or ____ is a male or female who is appointed by the court to settle the estate

A

Administrator

Administratrix

41
Q

____ or ____ is a male or female appointed in the will to settle the estate

A

Executor

Executrix

42
Q

____ is an instrument in writing that authorizes another to act as ones agent or attorney; the person is an agent in fact and by law terminates at time of death of the principal _____ can be general or specific.

A

Power of Attorney

43
Q

____ is a written document that governs: withholding, withdrawal, and life sustaining treatment

A

Living will

Mortuary Law ( Brandi ) (1 decks)

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