Regulatory Compliance: 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

An agreement to an offer resulting in a contract

A

Acceptance

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3
Q

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

A

Accord and satisfaction

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4
Q

The physical possession of the dead human body

A

Actual custody of the body

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5
Q

The extinction or withdrawal of a legacy under a will by an act equivalent to revocation

A

Ademption

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6
Q

An appointed governmental body charged with implementing particular legislation

A

Administrative agency

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7
Q

The 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

A

Administrative law

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8
Q
  • OSHA
  • FTC
  • State board rules
A

Administrative law

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9
Q

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

A

Administrator

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10
Q

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

A

Administratrix

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11
Q

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

A

Agent

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12
Q

Those drivers under the directions and control of a funeral director who is liable for their actions

A

Agent driver

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13
Q

One that is incorporated in a foreign country

A

Alien corporation

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14
Q

A 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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15
Q

Official document detailing a defendant’s defense

A

Answer

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16
Q

Laws which seek to promote competition among businesses

A

Antitrust

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17
Q

Court hearing cases appealed from lower courts

A

Appellate court

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18
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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19
Q

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

A

Arraignment

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20
Q

To take into police custody

A

Arrest

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21
Q

The party to whom the assignment is made

A

Assignee

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22
Q

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

A

Assignment

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23
Q

The party making the assignment

A

Assignor

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24
Q

Power to act for someone else

A

Authority

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25
Q

The party who acquires possession but not the title of personal property in a bailment

A

Bailee

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26
Q

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

A

Bailment

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27
Q

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

A

Bailor

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28
Q

A person in possession of an instrument

A

Bearer

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29
Q

A commercial paper payable to bearer

A

Bearer paper

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30
Q

Example: to the person having possession of such

A

Bearer paper

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31
Q

Recipient of a life insurance policy

A

Beneficiary

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32
Q

One who inherits property as specified in a will

A

Beneficiary

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33
Q

A gift of personal property by will

A

Bequest

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34
Q

The contract existing between the consignor (shipper) and the carrier

A

Bill of Lading

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35
Q

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

A

Bill of Sale

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36
Q

Having no words other than the signature of the endorser

A

Blank endorsement

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37
Q

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

A

Board of Directors

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38
Q

In the UAGA, defined as “organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplantation

A

Body parts

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39
Q

After removal, without unnecessary 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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40
Q

Administrative step taken after an arrested person is brought to a 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,” and which may also include photographing, fingerprinting and the like

A

Booking

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41
Q

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

A

Brain death

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42
Q

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

A

Breach of contract

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43
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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44
Q

Those rules of conduct prescribed by a government and its agencies, regulating business transactions

A

Business law

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45
Q

A dead human body intended solely for scientific study and dissection

A

Cadaver

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46
Q

Declared value of outstanding stock

A

Capital stock

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47
Q

Court decisions that establish precedent principles

A

Case law

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48
Q

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

A

Cashier’s check

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49
Q

Charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list / funeral provider

A

Casket handling fees

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50
Q

Eliminated by the Amended Funeral Rule and can no longer be charged to the consumer

A

Casket handling fees

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51
Q

Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering

A

Casket Price List (CPL)

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52
Q

Must include retail price and enough descriptive information to enable consumers to identify the merchandise

A

Casket Price List (CPL)

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53
Q

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

A

Certificate of deposit

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54
Q

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

A

Certified check

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55
Q

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

A

Check

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56
Q

Legal proceedings concerned with the rights of public citizens

A

Civil law

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57
Q

The absence of all vital signs

A
  • Clinical death
  • Legal death
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58
Q

A designation which applies to a corporation in which outstanding shares of stock and managerial control are held by a limited number of people (often members of the same family)

A
  • Close corporation
  • Closed
  • Closely held
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59
Q

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

A

Codicil

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60
Q

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

A
  • Commercial paper
  • Negotiable instrument
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61
Q

Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid

A

Common carrier

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62
Q

Examples: Airline, train, etc.

A

Common carrier

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63
Q

A system of jurisprudence based on judicial precedents rather than statutory laws

A

Common law

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64
Q

Stock that entitles owner vote

A

Common stock

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65
Q

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

A

Compensatory damages

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66
Q

A written request initiating a civil suit

A
  • Complaint
  • Petition
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67
Q

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

A

Consideration

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68
Q

One to whom goods are shipped by common carrier

A

Consignee

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69
Q

One who ships goods by common carrier

A

Consignor

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70
Q

Any fundamental or important law or edict

A

Constitution

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71
Q

Having the authority to control disposition although another party has physical possession

A

Constructive custody

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72
Q

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

A

Contract

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73
Q

An agreement wherein a seller agrees to transfer title of goods to a buyer for a consideration (price), at a future time

A

Contract to sell

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74
Q

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

A

Contractual capability

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75
Q

An artificial being, invisible, intangible and existing only in contemplation of the law

A

Corporation

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76
Q

An entity that has a distinct existence separate and apart from the existence of its individual members

A

Corporation

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77
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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78
Q

An intended acceptance which changes or qualifies the offer, and is a rejection of the original offer

A

Counteroffer

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79
Q

The person to whom the promise of a contract owes an obligation or duty which will be discharged to the extent that the promisor performs the promise

A

Creditor beneficiary

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80
Q

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

A

Creditor’s claim

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81
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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82
Q

An action in violation of constitution, status, or ordinance

A
  • Crime
  • Criminal act
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83
Q

Examples: Treason, felony, misdemeanor

A
  • Crime
  • Criminal act
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84
Q

Laws dealing with crimes and the punishment of wrongdoers

A

Criminal law

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85
Q

A funeral director becomes the legal protector of a dead human body from the time of removal until final disposition

A

Custodian

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86
Q

A state of complete and irreversible cessation of metabolic processes leading ultimately to dissolution of the organs

A

Death

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87
Q

The person against whom legal action is brought

A

Defendant

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88
Q

Relationship to decedent of his relatives

A

Degree of kindred

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89
Q

Each generation is one degree, counting to a common ancestor

A

Degree of kindred

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90
Q

A gift of real estate made by will

A

Devise

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91
Q

One who inherits real estate under a will

A

Devisee

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92
Q

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

A

Disaffirmance

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93
Q

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

A

Discharge

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94
Q

Pretrial steps taken to learn the details of the case

A

Discovery

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95
Q

The removal of a human corpse previously buried in the earth

A
  • Disinterment
  • Exhumation
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96
Q

Providing documents (GPL) for retention and review (CPL, OBCPL)

A

Distribution

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97
Q

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

A

Doctrine of stare decisis

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98
Q

To stand by things decided

A

Doctrine of stare decisis

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99
Q

Operates in the state that granted the charter

A

Domestic corporation

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100
Q

A third party beneficiary to whom no legal duty is owed and for whom performance is a gift

A

Donee beneficiary

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101
Q

Partner unknown to public with no part in management

A
  • Dormant
  • Sleeping partner
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102
Q

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

A

Draft

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103
Q

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

A

Drawee

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104
Q

The person who executes any draft

A

Drawer

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105
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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106
Q

A means of removing one’s free will

A

Duress

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107
Q

Obtaining consent by means of threat to do harm to the person, his family, or his property

A

Duress

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108
Q

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

A

Embalmer

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109
Q

The inherent power of a government to take private property for public use

A

Eminent domain

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110
Q

In the U.S. just compensation to the property owners is required

A

Eminent domain

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111
Q

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

A

Employee

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112
Q

The party who hires employees to do certain work

A

Employer

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113
Q

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

A

Endorsee

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114
Q

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

A

Endorsement

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115
Q

Person who writes his or her name on back of instrument

A

Endorser

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116
Q

The placing of a remains in a crypt in a mausoleum

A

Entombment

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117
Q

A governmental agency with environmental protection regulatory and enforcement authority

A

Environmental Protection Agency (EPA)

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118
Q

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

A

Escheat

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119
Q

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

A

Estate

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120
Q

A set of moral principles or values governing individuals or groups

A

Ethics

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121
Q

Conforming to accepted professional standards of conduct

A

Ethics

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122
Q

Those contracts in which the parties have fulfilled the terms

A

Executed contracts

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123
Q

The carrying out or completion of some task

A

Execution

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124
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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125
Q

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

A

Executory contracts

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126
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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127
Q

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

A

Existing goods

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128
Q

Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties

A

Exposure, occupational

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129
Q

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

A

Express authority

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130
Q

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

A

Express contract

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131
Q

The actual and definite statement of a seller, either verbally or in writing, guaranteeing a standard or level of performance

A

Express warranty

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132
Q

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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133
Q

A criminal offense that is punishable by confinement in prison or by death

A

Felony

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134
Q

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

A

Fetal death

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135
Q

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

A

Fiduciary

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136
Q

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

A

Final disposition

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137
Q

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

A

Foreign corporation

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138
Q

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

A

Formal contract

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139
Q

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

A

Fraud

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140
Q

Those goods which are not in existence at the time a contract is agreed to

A

Future goods

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141
Q

A person properly licensed, engaged in, or conducting, or holding himself out as being engaged in preparing, other than by embalming, for the burial or disposition of dead human bodies; 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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142
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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143
Q

Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public

A

Funeral provider

144
Q

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

A

General agent

145
Q

An individual actively and openly engaged in the business and held out to everyone as a partner

A

General partner

146
Q

An instrument in writing authorizing one person to do anything for the principal

A

General power of attorney

147
Q

One part has full power of attorney for another party

A

General power of attorney

148
Q

A printed list of goods and services offered for sale by funeral provider with retail prices

A

General Price List (GPL)

149
Q

Considered the keystone of the Funeral Rule

A

General Price List (GPL)

150
Q

Movable tangible personal property

A

Goods

151
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

152
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

153
Q

One where the funeral home guarantees that the services and merchandise will be provided at the time of need for an amount not exceeding the original amount of the contract plus any accruals, regardless of the cost of providing the services and merchandise at the time of the funeral

A

Guaranteed contract

154
Q

One who inherits or is entitled to receive property by law

A

Heir

155
Q

One in possession of commercial paper

A

Holder

156
Q

A will written entirely by the testator with his own hand

A

Holographic will

157
Q

One who owns or controls real estate where a death occurs

A

Householder

158
Q

The goods specified by the buyer and seller

A

Identified goods

159
Q

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

A

Implied authority

160
Q

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

A

Implied contract

161
Q

A warranty imposed by law, arising automatically because the sale has been made

A

Implied warranties

162
Q

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

A

Independent contractor

163
Q

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

A

Inheritance

164
Q

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

A

Injunction

165
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

166
Q

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

A

Intangible personal property

167
Q

The act of placing the dead human body in the ground

A

Interment

168
Q

The state or condition of dying without having made a will

A

Intestate

169
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

170
Q

Between states

A

Interstate

171
Q

Within a state

A

Intrastate

172
Q

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

A

Inventory (in probate)

173
Q

The method of price quotation by which each unit of service and / or merchandise is priced separately

A

Itemization

174
Q

A decision of a court

A

Judgment

175
Q

A public officer whose duties may include, among other things, the investigation of death

A

Justice of Peace

176
Q

One’s relatives collectively

A

Kin

177
Q

Referring to blood relationship

A

Kin

178
Q

Legally, not a kin

A

Surviving spouse

179
Q

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

A

Law (Blackstone’s definition)

180
Q

One who inherits personal property under a will

A

Legatee

181
Q

Responsibility for wrongful acts

A

Liability

182
Q

A claim or charge against property for payment of some debt

A

Lien

183
Q

Can’t occur against a dead human body for it is not property

A

Lien

184
Q

Newest form of business ownership recognized in the U.S.

A

Limited liability corporation

185
Q

Combines features of both the corporation and partnership

A

Limited liability corporation

186
Q

Partner whose liability for the firm’s debts is limited to the amount of his / her investment

A

Limited partner

187
Q

A provision in a contract fixing the amount of the damages to be paid in the event one party breaches the contract

A

Liquidated damages

188
Q

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

A

Live birth

189
Q

Automotive equipment made available for hire

A

Livery

190
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

191
Q

The person who executes a promissory note

A

Maker

192
Q

A breach of contract by a professional

A

Malpractice

193
Q

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

A

Malpractice

194
Q

This must accompany a hazardous product

A

Material Safety Data Sheet (MSDS)

195
Q

A requirement of the Department of Labor and OSHA under the Hazard Communication Standard

A

Material Safety Data Sheet (MSDS)

196
Q

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

A
  • Medical examiner
  • Coroner
  • Justice of Peace
197
Q

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

A

Mental anguish

198
Q

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

A

Merchant

199
Q

A person under full legal age

A

Minor

200
Q

In most states (but not all), the standard is under the age of eighteen

A

Minor

201
Q

A criminal offense which is neither treason nor a felony

A

Misdemeanor

202
Q

Stating an untrue fact

A

Misrepresentation

203
Q

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

A

Morgue

204
Q

A secured loan on a parcel of real estate

A

Mortgage

205
Q

Crime involving a willful wrongdoing, usually a felony

A

Moral turpitude

206
Q

That branch of law that relates to matters concerned with the disposal of the dead

A
  • Mortuary law
  • Mortuary jurisprudence
  • Funeral service law
207
Q

Altering of an object or a dead human body from its original condition

A

Mutilation

208
Q

Items, required or proper and useful, for sustaining a human being at an appropriate living standard

A
  • Necessaries
  • Necessities
209
Q

Examples: food, clothing, and shelter

A
  • Necessaries
  • Necessities
210
Q

Failure to exercise ordinary care

A

Negligence

211
Q

Omission to do something which a reasonable, prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do

A

Negligence

212
Q

The lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would)

A

Negligence

213
Q

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

A
  • Negotiable instrument
  • Commercial paper
214
Q

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

A

Negotiation

215
Q

A token award to symbolize vindication of the wrong done to the plaintiff

A

Nominal damages

216
Q

Generally, the award is $1.00

A

Nominal damages

217
Q

Person who pretends to be a partner or permits others to represent him or her as a partner

A

Nominal partner

218
Q

Services not to be included in prices of other categories that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices

A

Non-declinable fee

219
Q

The change of one of the parties to a contract at the mutual agreement of the original parties

A

Novation

220
Q

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

A

Nuisance

221
Q

Act, occupation, or structure that is not a nuisance per se, but may become a nuisance by circumstances of the location or manner in which it is operated

A

Nuisance in fact

222
Q

Act, occupation, or structure which is a nuisance at all times and under all circumstances

A

Nuisance per se

223
Q

May be prejudicial to public morals, dangerous to life, or injurious to public rights

A

Nuisance per se

224
Q

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

A

Nuncupative will

225
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)

226
Q

An expression of willingness to enter a contractual agreement

A

Offer

227
Q

The person to whom an offer is made

A

Offeree

228
Q

The party who initiates, or makes, an offer

A

Offeror

229
Q

A commercial paper made payable “to the order of” some named party

A

Order paper

230
Q

The word “order” or its equivalent must be used

A

Order paper

231
Q

A law passed by a municipal governing body pertaining to matters not already covered by Federal or State law

A

Ordinance

232
Q

Examples: zoning, building, safety, etc)

A

Ordinance

233
Q

Printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering

A

Outer Burial Container Price List (OBC PL)

234
Q

Must include retail price and enough descriptive information to enable consumers to identify the merchandise

A

Outer Burial container Price List (OBC PL)

235
Q

An act with complete disregard for proper conduct

A

Outrageous act

236
Q

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

A

Partnership

237
Q

A method of expressing low concentrations

A

Parts per million (ppm)

238
Q

Equivalent to 1 milligram per liter

A

1 ppm (parts per million)

239
Q

In contaminated air, the parts of vapor or gas (formaldehyde) per million parts of air by volume

A

Parts per million (ppm)

240
Q

In solution the parts of chemical per million parts of solution

A

Parts per million (ppm)

241
Q

Stock with an assigned face value

A

Par-value stock

242
Q

The party to whom any negotiable instrument is made payable

A

Payee

243
Q

The method of dividing up 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

244
Q

The method of dividing an estate where a class or group takes the share which the deceased would have been entitled to, and not as so many individuals, i.e., by right of representation

A

Per stirpes

245
Q

The maximum legal limits established by OSHA for regulated substances

A

Permissible exposure limit (PEL)

246
Q

Based on employee exposure that is time-weighted over an 8-hour work shift

A

Permissible exposure limit (PEL)

247
Q

When these limits are exceeded, employers must take proper steps to reduce employee exposure

A

Permissible exposure limit (PEL)

248
Q

For formaldehyde, is .75 ppm

A

Permissible exposure limit (PEL)

249
Q

All property which is not real property

A

Personal property

250
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

Personal service contract

251
Q

A contract whereby both parties should recognize that any breach will usually cause anguish

A

Personal service contract

252
Q

A person who represents and settles the estate of deceased persons

A

Personal representative

253
Q

Examples: Executors, administrators

A

Personal representative

254
Q

A written request initiating a civil suit

A
  • Petition
  • Complaint
255
Q

The individual who initiates a civil action

A

Plaintiff

256
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

257
Q

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

A

Power of attorney

258
Q

Revocable and automatically terminates upon the death or incapacity of the principal

A

Power of attorney

259
Q

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

A

Precedent

260
Q

Stock giving special advantage as to payment of dividends, upon liquidation or both

A

Preferred stock

261
Q

That facility in a funeral home especially designed and equipped for embalming and preparation of dead human bodies

A

Preparation room

262
Q

That consideration stipulated by contract, generally expressed in money or money’s worth

A

Price

263
Q

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

A

Principal

264
Q

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

A

Private carriers

265
Q

Examples: funeral home vehicles, livery

A

Private carriers

266
Q

A corporation formed by individuals to form some non-governmental function

A

Private corporation

267
Q

The act or process of proving a will

A

Probate

268
Q

A court having jurisdiction over estates

A

Probate court

269
Q

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

A

Probate estate

270
Q

A notice of complaint given to a defendant, defining the complaint and a time frame in which a response, or answer, must be filed, and which serves the purpose of conferring personal jurisdiction over the defendant

A
  • Process
  • Summons
271
Q

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

A

Promissory estoppel

272
Q

A negotiable instrument containing a promise to pay

A

Promissory note

273
Q

One who takes initial steps to form corporation

A

Promoter

274
Q

Anything that may be owned

A

Property

275
Q

A corporation formed to carry out government functions

A

Public corporation

276
Q

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

A

Punitive damages

277
Q

An endorsement which limits the liability of the endorser

A

Qualified endorsement

278
Q

A fictional contract applied by a court for a person who is unable to contract for himself, i.e., medical care, death

A

Quasi contract

279
Q

An obligation which law creates in the absence of agreement

A

Quasi contract

280
Q

Is invoked by courts where there is unjust enrichment

A

Quasi contract

281
Q

The function is to raise an obligation in law where, in fact, the parties made no promises

A

Quasi contract

282
Q

The accepted theory of the legal status of a dead human body

A

Quasi-property theory

283
Q

Rights associated with the body are as if it were property for the purpose of disposition only

A

Quasi-property theory

284
Q

Confirming an act that was executed without authority or an act which was voidable

A

Ratification

285
Q

Land and those objects permanently attached to land

A

Real property

286
Q

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

A

Reciprocity

287
Q

Refusal to accept

A

Rejection

288
Q

An action to recover possession of personal property

A

Replevin

289
Q

Canceling, annulling, avoiding

A

Rescission

290
Q

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

A

Restrictive covenant

291
Q

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

A

Restrictive endorsement

292
Q

The annulment or cancellation of an instrument, act or promise by one doing or making it

A

Revocation

293
Q

Enactments by an administrative body governing the jurisdiction of that agency

A

Rules and regulations

294
Q

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

A

Sale

295
Q

Partner active in a business unknown to the public

A

Secret partner

296
Q

A claim that is supported by a pledge of assets belonging to the debtor

A

Secured claim

297
Q

The contracting of services rather than goods

A

Service contracts

298
Q

Those having title to one or more shares of stock in a corporation

A
  • Shareholders
  • Stockholders
299
Q

Combined, they represent ownership of the corporation

A
  • Shareholders
  • Stockholders
300
Q

Legislation intended to promote competition among businesses by prohibiting restraint of trade

A

Sherman Antitrust Act

301
Q

Legal limits established by OSHA to which workers can be exposed continuously for a short period of time without damage or injury

A

Short Term Exposure Limit (STEL)

302
Q

Exposure should not be for more than 15 minutes and not repeated more than four times per workday

A

Short Term Exposure Limit (STEL)

303
Q

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

A

Silent partner

304
Q

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

A

Simple contract

305
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

306
Q

An estate in which the assets exceed the liabilities

A

Solvent estate

307
Q

A business owned by one person

A

Sole proprietorship

308
Q

One authorized by the principal to execute specific acts

A

Special agent

309
Q

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

A

Special endorsement

310
Q

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

A

Special performance

311
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

312
Q

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

A

Stare decisis

313
Q

To stand by things decided

A

Stare decisis

314
Q

A particular law enacted by a legislative body

A

Statute

315
Q

Itemized written statement provided for retention to each person who arranges a funeral or other disposition

A

Statement of Funeral Goods and Services Selected

316
Q

Must include the goods and services selected and prices paid for each, itemization of cash advance items and the total cost

A

Statement of Funeral Goods and Services Selected

317
Q

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

A

Statutory law

318
Q

Law generated by judicial opinions

A

Case law

319
Q

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

A

Statute of Frauds

320
Q

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

A

Statute of Limitations

321
Q

Those having title to one or more shares of stock in a corporation

A
  • Stockholders
  • Shareholders
322
Q

Combined, they represent ownership of the corporation

A
  • Stockholders
  • Shareholders
323
Q

A creation of the tax codes

A

Subchapter S Corporation

324
Q

Shareholders elect to be taxed as a partnership (no double taxation) without losing corporation status

A

Subchapter S Corporation

325
Q

A notice of complaint given to a defendant, defining the complaint and a time frame in which a response, or answer, must be filed, and which serves the purpose of conferring personal jurisdiction over the defendant

A
  • Summons
  • Process
326
Q

The condition of leaving a will at death

A

Testate

327
Q

A man who makes a valid will

A

Testator

328
Q

A woman who makes a valid will

A

Testatrix

329
Q

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

A

Third party beneficiary

330
Q

An evaluation of exposures that are time-weighted over an established period

A

Time-Weighted Average (TWA)

331
Q

Allows the exposure levels to be averaged generally over an 8-hour time period

A

Time-Weighted Average (TWA)

332
Q

A wrongful act committed by one person against another person or his property

A

Tort

333
Q

Stock reacquired by a corporation

A

Treasury stock

334
Q

Courts that conduct the original trial and render their decision

A

Trial courts

335
Q

Occurrence of situation that requires certain action

A

Triggering event

336
Q

Triggering event for giving out the GPL

A

Face-to-face meeting

337
Q

One who holds a position of trust to beneficiary

A

Trustee

338
Q

In funeral arrangements, the person who has the right to control the funeral on behalf of all survivors

A

Trustee

339
Q

Offering items of funeral goods and services as separate items and not conditioned on the purchase of another item or service

A

Un-bundle

340
Q

The itemization of offerings of funeral goods and funeral services

A

Un0bundle

341
Q

Improper influence that is asserted by one dominant person over another, without the treat or harm

A

Undue influence

342
Q

An agreement which is not in the form required by law

A

Unenforceable contract

343
Q

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

A

Uniform Anatomical Gift Act

344
Q

Recognized as the most important statute in business law

A

Uniform Commercial Code

345
Q

Includes provisions which regulate certain sales of goods

A

Uniform Commercial Code

346
Q

A model law to achieve uniformity to probate proceedings throughout the U.S.

A

Uniform Probate Code

347
Q

A one-sided contract / agreement formed when an act is done in consideration for a promise

A

Unilateral contract

348
Q

A claim that is not supported by a pledge of other assets belonging to the debtor

A

Unsecured claim

349
Q

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

A

Usurious

350
Q

A contract which will be enforced by the court

A

Valid contract

351
Q

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

A

Vital statistics

352
Q

An agreement of no legal effect

A

Void contract

353
Q

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

A

Voidable contract

354
Q

Those drivers not under the direct control of the funeral director

A

Volunteer driver

355
Q

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

A

Warranties

356
Q

An instrument executed with required formality by a person-making disposition of his / her property to take effect upon his / her death

A

Will

357
Q

A law passed by a municipality by virtue of the police power that 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