Regulatory Compliance: Glossary Flashcards
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
Abatement
An agreement to an offer resulting in a contract
Acceptance
An agreement made and executed in satisfaction of the rights one has from a previous contract
Accord and satisfaction
The physical possession of the dead human body
Actual custody of the body
The extinction or withdrawal of a legacy under a will by an act equivalent to revocation
Ademption
An appointed governmental body charged with implementing particular legislation
Administrative agency
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
Administrative law
- OSHA
- FTC
- State board rules
Administrative law
A man who has been appointed by the court to settle an estate
Administrator
A woman who has been appointed by the court to settle an estate
Administratrix
The party appointed by the principal to enter into a contract with a third party on behalf of the principal
Agent
Those drivers under the directions and control of a funeral director who is liable for their actions
Agent driver
One that is incorporated in a foreign country
Alien corporation
A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities
Americans with Disabilities Act (ADA)
Official document detailing a defendant’s defense
Answer
Laws which seek to promote competition among businesses
Antitrust
Court hearing cases appealed from lower courts
Appellate court
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
- Apprentice
- Intern
- Resident trainee
Charging a person with a crime and asking for that person’s plea
Arraignment
To take into police custody
Arrest
The party to whom the assignment is made
Assignee
A means whereby one party conveys rights to another person who is not a party to the original contract
Assignment
The party making the assignment
Assignor
Power to act for someone else
Authority
The party who acquires possession but not the title of personal property in a bailment
Bailee
The transfer of possession but not the title of personal property by one party to another, under agreement
Bailment
The party who gives up possession, but not title, of property in a bailment
Bailor
A person in possession of an instrument
Bearer
A commercial paper payable to bearer
Bearer paper
Example: to the person having possession of such
Bearer paper
Recipient of a life insurance policy
Beneficiary
One who inherits property as specified in a will
Beneficiary
A gift of personal property by will
Bequest
The contract existing between the consignor (shipper) and the carrier
Bill of Lading
A document of conveyance that provides written evidence of one’s title to tangible personal property
Bill of Sale
Having no words other than the signature of the endorser
Blank endorsement
A body of persons elected by the stockholders to define and establish corporate policy
Board of Directors
In the UAGA, defined as “organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplantation
Body parts
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
Body parts
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
Booking
Total and irreversible cessation of brain function as indicated by a flat EEG reading
Brain death
A situation in which one of the parties to a contract fails or otherwise refuses to perform the obligation established in that contract
Breach of contract
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use, or appearance of buildings
Building code
Those rules of conduct prescribed by a government and its agencies, regulating business transactions
Business law
A dead human body intended solely for scientific study and dissection
Cadaver
Declared value of outstanding stock
Capital stock
Court decisions that establish precedent principles
Case law
A check drawn on a bank’s own funds and signed by a responsible bank official
Cashier’s check
Charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list / funeral provider
Casket handling fees
Eliminated by the Amended Funeral Rule and can no longer be charged to the consumer
Casket handling fees
Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering
Casket Price List (CPL)
Must include retail price and enough descriptive information to enable consumers to identify the merchandise
Casket Price List (CPL)
The acknowledgment by a bank of a receipt of money with an agreement of repayment
Certificate of deposit
A check for which the bank assures that the drawer has sufficient funds to make payment
Certified check
An order by a depositor on the bank to pay a sum of money to a payee
Check
Legal proceedings concerned with the rights of public citizens
Civil law
The absence of all vital signs
- Clinical death
* Legal death
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)
- Close corporation
- Closed
- Closely held
An addition or amendment of a last will and testament executed with the same formality as the will
Codicil
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
- Commercial paper
* Negotiable instrument
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid
Common carrier
Examples: Airline, train, etc.
Common carrier
A system of jurisprudence based on judicial precedents rather than statutory laws
Common law
Stock that entitles owner vote
Common stock
An award paid to the injured party to cover the exact amount of their loss, but no more
Compensatory damages
A written request initiating a civil suit
- Complaint
* Petition
That which the promisor demands and receives as the price for a promise
Consideration
One to whom goods are shipped by common carrier
Consignee
One who ships goods by common carrier
Consignor
Any fundamental or important law or edict
Constitution
Having the authority to control disposition although another party has physical possession
Constructive custody
An agreement between two or more competent persons which is enforceable by law
Contract
An agreement wherein a seller agrees to transfer title of goods to a buyer for a consideration (price), at a future time
Contract to sell
The necessity that the parties desiring to enter into contracts meet all requirements
Contractual capability
An artificial being, invisible, intangible and existing only in contemplation of the law
Corporation
An entity that has a distinct existence separate and apart from the existence of its individual members
Corporation
The body of a dead human being, deprived of life, but not yet entirely disintegrated
- Corpse
* Dead human body
An intended acceptance which changes or qualifies the offer, and is a rejection of the original offer
Counteroffer
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
Creditor beneficiary
A legal process used by one wishing to collect a debt from an estate
Creditor’s claim
The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
Cremation
An action in violation of constitution, status, or ordinance
- Crime
* Criminal act
Examples: Treason, felony, misdemeanor
- Crime
* Criminal act
Laws dealing with crimes and the punishment of wrongdoers
Criminal law
A funeral director becomes the legal protector of a dead human body from the time of removal until final disposition
Custodian
A state of complete and irreversible cessation of metabolic processes leading ultimately to dissolution of the organs
Death
The person against whom legal action is brought
Defendant
Relationship to decedent of his relatives
Degree of kindred
Each generation is one degree, counting to a common ancestor
Degree of kindred
A gift of real estate made by will
Devise
One who inherits real estate under a will
Devisee
The repudiation of, or election to avoid, a voidable contract
Disaffirmance
Termination of a contract by performance, agreement, impossibility, acceptance of breach, or operation of law
Discharge
Pretrial steps taken to learn the details of the case
Discovery
The removal of a human corpse previously buried in the earth
- Disinterment
* Exhumation
Providing documents (GPL) for retention and review (CPL, OBCPL)
Distribution
A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same
Doctrine of stare decisis
To stand by things decided
Doctrine of stare decisis
Operates in the state that granted the charter
Domestic corporation
A third party beneficiary to whom no legal duty is owed and for whom performance is a gift
Donee beneficiary
Partner unknown to public with no part in management
- Dormant
* Sleeping partner
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
Draft
The person, company, or financial institution ordered to pay a draft
Drawee
The person who executes any draft
Drawer
Exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled
Durable power of attorney
A means of removing one’s free will
Duress
Obtaining consent by means of threat to do harm to the person, his family, or his property
Duress
A person, properly licensed, who disinfects, preserves, or restores a dead human body
Embalmer
The inherent power of a government to take private property for public use
Eminent domain
In the U.S. just compensation to the property owners is required
Eminent domain
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
Employee
The party who hires employees to do certain work
Employer
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
Endorsee
The signature or statement of purpose by the owner on the back of a negotiable instrument, which indicates the future control of the instrument
Endorsement
Person who writes his or her name on back of instrument
Endorser
The placing of a remains in a crypt in a mausoleum
Entombment
A governmental agency with environmental protection regulatory and enforcement authority
Environmental Protection Agency (EPA)
Forfeiture of a decedent’s property to the state in the absence of heirs
Escheat
The property of a deceased person, both real and / or personal
Estate
A set of moral principles or values governing individuals or groups
Ethics
Conforming to accepted professional standards of conduct
Ethics
Those contracts in which the parties have fulfilled the terms
Executed contracts
The carrying out or completion of some task
Execution
A man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
Executor
Those contracts in which the terms have not been completely executed or fulfilled
Executory contracts
A woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
Executrix
Those goods which are, at the time of the contract, in existence and owned by the seller
Existing goods
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
Exposure, occupational
The authority of an agent, stated in the document or agreement creating the agency
Express authority
A contract in which the parties express their intentions, either orally or in writing, at the time of the agreement
Express contract
The actual and definite statement of a seller, either verbally or in writing, guaranteeing a standard or level of performance
Express warranty
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
Federal Trade Commission (FTC)
A criminal offense that is punishable by confinement in prison or by death
Felony
Death of a product of conception prior to the complete expulsion or extraction from its mother
Fetal death
A relationship of trust and confidence, such as that which exists between partners in a partnership
Fiduciary
The conclusive performance of services with respect to the dead human body
Final disposition
Designation that applies when a corporation operates in any state other than where it is chartered
Foreign corporation
Those contracts that must be in special form or produced in a certain way, such as under seal
Formal contract
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
Fraud
Those goods which are not in existence at the time a contract is agreed to
Future goods
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
Funeral director
A place of business used in the care and preparation for the funeral and / or final disposition of dead human bodies
Funeral establishment
