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
Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public
Funeral provider
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
General agent
An individual actively and openly engaged in the business and held out to everyone as a partner
General partner
An instrument in writing authorizing one person to do anything for the principal
General power of attorney
One part has full power of attorney for another party
General power of attorney
A printed list of goods and services offered for sale by funeral provider with retail prices
General Price List (GPL)
Considered the keystone of the Funeral Rule
General Price List (GPL)
Movable tangible personal property
Goods
The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
Gross negligent
A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability
Guardian
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
Guaranteed contract
One who inherits or is entitled to receive property by law
Heir
One in possession of commercial paper
Holder
A will written entirely by the testator with his own hand
Holographic will
One who owns or controls real estate where a death occurs
Householder
The goods specified by the buyer and seller
Identified goods
An agent’s authority to do things not specifically authorized in order to carry out express authority
Implied authority
One in which terms of the contract are implied by acts or conduct of the parties
Implied contract
A warranty imposed by law, arising automatically because the sale has been made
Implied warranties
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
Independent contractor
The estate which passes from the decedent to his / her heirs
Inheritance
A judicial order or decree forbidding the performance of a certain act
Injunction
The condition of the estate of a deceased person which is unable to pay the debts of the decedent and / or the estate
Insolvent estate
Evidences of ownership of personal property such as stock of corporations, checks and copyrights
Intangible personal property
The act of placing the dead human body in the ground
Interment
The state or condition of dying without having made a will
Intestate
The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will
Intestate succession
Between states
Interstate
Within a state
Intrastate
Listing and valuation of a decedent’s assets by personal representative of the estate
Inventory (in probate)
The method of price quotation by which each unit of service and / or merchandise is priced separately
Itemization
A decision of a court
Judgment
A public officer whose duties may include, among other things, the investigation of death
Justice of Peace
One’s relatives collectively
Kin
Referring to blood relationship
Kin
Legally, not a kin
Surviving spouse
Those rules of civil conduct commanding what is right and prohibiting what is wrong
Law (Blackstone’s definition)
One who inherits personal property under a will
Legatee
Responsibility for wrongful acts
Liability
A claim or charge against property for payment of some debt
Lien
Can’t occur against a dead human body for it is not property
Lien
Newest form of business ownership recognized in the U.S.
Limited liability corporation
Combines features of both the corporation and partnership
Limited liability corporation
Partner whose liability for the firm’s debts is limited to the amount of his / her investment
Limited partner
A provision in a contract fixing the amount of the damages to be paid in the event one party breaches the contract
Liquidated damages
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
Live birth
Automotive equipment made available for hire
Livery
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
Living will
The person who executes a promissory note
Maker
A breach of contract by a professional
Malpractice
Failure to perform a professional service with the ability and care generally exercised by others in the profession
Malpractice
This must accompany a hazardous product
Material Safety Data Sheet (MSDS)
A requirement of the Department of Labor and OSHA under the Hazard Communication Standard
Material Safety Data Sheet (MSDS)
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
- Medical examiner
- Coroner
- Justice of Peace
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
Mental anguish
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
Merchant
A person under full legal age
Minor
In most states (but not all), the standard is under the age of eighteen
Minor
A criminal offense which is neither treason nor a felony
Misdemeanor
Stating an untrue fact
Misrepresentation
A place where dead human bodies are kept until identified and / or released for final disposition
Morgue
A secured loan on a parcel of real estate
Mortgage
Crime involving a willful wrongdoing, usually a felony
Moral turpitude
That branch of law that relates to matters concerned with the disposal of the dead
- Mortuary law
- Mortuary jurisprudence
- Funeral service law
Altering of an object or a dead human body from its original condition
Mutilation
Items, required or proper and useful, for sustaining a human being at an appropriate living standard
- Necessaries
* Necessities
Examples: food, clothing, and shelter
- Necessaries
* Necessities
Failure to exercise ordinary care
Negligence
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
Negligence
The lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would)
Negligence
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
- Negotiable instrument
* Commercial paper
The act of transferring ownership of a negotiable instrument to another party
Negotiation
A token award to symbolize vindication of the wrong done to the plaintiff
Nominal damages
Generally, the award is $1.00
Nominal damages
Person who pretends to be a partner or permits others to represent him or her as a partner
Nominal partner
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
Non-declinable fee
The change of one of the parties to a contract at the mutual agreement of the original parties
Novation
A landowner’s use of property which interferes with the public’s or another landowner’s use of his property
Nuisance
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
Nuisance in fact
Act, occupation, or structure which is a nuisance at all times and under all circumstances
Nuisance per se
May be prejudicial to public morals, dangerous to life, or injurious to public rights
Nuisance per se
Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing
Nuncupative will
A governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees
Occupational Safety and Health Administration (OSHA)
An expression of willingness to enter a contractual agreement
Offer
The person to whom an offer is made
Offeree
The party who initiates, or makes, an offer
Offeror
A commercial paper made payable “to the order of” some named party
Order paper
The word “order” or its equivalent must be used
Order paper
A law passed by a municipal governing body pertaining to matters not already covered by Federal or State law
Ordinance
Examples: zoning, building, safety, etc)
Ordinance
Printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering
Outer Burial Container Price List (OBC PL)
Must include retail price and enough descriptive information to enable consumers to identify the merchandise
Outer Burial container Price List (OBC PL)
An act with complete disregard for proper conduct
Outrageous act
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
Partnership
A method of expressing low concentrations
Parts per million (ppm)
Equivalent to 1 milligram per liter
1 ppm (parts per million)
In contaminated air, the parts of vapor or gas (formaldehyde) per million parts of air by volume
Parts per million (ppm)
In solution the parts of chemical per million parts of solution
Parts per million (ppm)
Stock with an assigned face value
Par-value stock
The party to whom any negotiable instrument is made payable
Payee
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
Per capita
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
Per stirpes
The maximum legal limits established by OSHA for regulated substances
Permissible exposure limit (PEL)
Based on employee exposure that is time-weighted over an 8-hour work shift
Permissible exposure limit (PEL)
When these limits are exceeded, employers must take proper steps to reduce employee exposure
Permissible exposure limit (PEL)
For formaldehyde, is .75 ppm
Permissible exposure limit (PEL)
All property which is not real property
Personal property
Contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made
Personal service contract
A contract whereby both parties should recognize that any breach will usually cause anguish
Personal service contract
A person who represents and settles the estate of deceased persons
Personal representative
Examples: Executors, administrators
Personal representative
A written request initiating a civil suit
- Petition
* Complaint
The individual who initiates a civil action
Plaintiff
The inherent power of every government to make reasonable laws to protect the safety health, morals, and general welfare of its citizens
Police power
An instrument granting someone authority to act as agent or attorney-in-fact for the grantor
Power of attorney
Revocable and automatically terminates upon the death or incapacity of the principal
Power of attorney
A decision of a court which is thereafter followed as an example by other courts
Precedent
Stock giving special advantage as to payment of dividends, upon liquidation or both
Preferred stock
That facility in a funeral home especially designed and equipped for embalming and preparation of dead human bodies
Preparation room
That consideration stipulated by contract, generally expressed in money or money’s worth
Price
A party who appoints a second party to serve as an agent
Principal
those who transport only in particular instances and only for those they choose to contract with
Private carriers
Examples: funeral home vehicles, livery
Private carriers
A corporation formed by individuals to form some non-governmental function
Private corporation
The act or process of proving a will
Probate
A court having jurisdiction over estates
Probate court
The property of a decedent that is subject to administration by the executor or administrator of an estate
Probate estate
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
- Process
* Summons
An equitable doctrine that prevents the promisor from revoking the promise when the promisee justifiably acts in reliance upon the promise to his detriment
Promissory estoppel
A negotiable instrument containing a promise to pay
Promissory note
One who takes initial steps to form corporation
Promoter
Anything that may be owned
Property
A corporation formed to carry out government functions
Public corporation
An award paid to the plaintiff in order to punish the defendant, not to compensate the plaintiff
Punitive damages
An endorsement which limits the liability of the endorser
Qualified endorsement
A fictional contract applied by a court for a person who is unable to contract for himself, i.e., medical care, death
Quasi contract
An obligation which law creates in the absence of agreement
Quasi contract
Is invoked by courts where there is unjust enrichment
Quasi contract
The function is to raise an obligation in law where, in fact, the parties made no promises
Quasi contract
The accepted theory of the legal status of a dead human body
Quasi-property theory
Rights associated with the body are as if it were property for the purpose of disposition only
Quasi-property theory
Confirming an act that was executed without authority or an act which was voidable
Ratification
Land and those objects permanently attached to land
Real property
The relationship existing between two states whereby each extends privileges of licenser to licensees of the other state
Reciprocity
Refusal to accept
Rejection
An action to recover possession of personal property
Replevin
Canceling, annulling, avoiding
Rescission
Provision in a deed limiting the use of property and prohibiting certain uses
Restrictive covenant
An endorsement which prevents the use of the instrument for anything except the stated use
Restrictive endorsement
The annulment or cancellation of an instrument, act or promise by one doing or making it
Revocation
Enactments by an administrative body governing the jurisdiction of that agency
Rules and regulations
The transfer of title to goods from the seller to the buyer for a consideration called the price
Sale
Partner active in a business unknown to the public
Secret partner
A claim that is supported by a pledge of assets belonging to the debtor
Secured claim
The contracting of services rather than goods
Service contracts
Those having title to one or more shares of stock in a corporation
- Shareholders
* Stockholders
Combined, they represent ownership of the corporation
- Shareholders
* Stockholders
Legislation intended to promote competition among businesses by prohibiting restraint of trade
Sherman Antitrust Act
Legal limits established by OSHA to which workers can be exposed continuously for a short period of time without damage or injury
Short Term Exposure Limit (STEL)
Exposure should not be for more than 15 minutes and not repeated more than four times per workday
Short Term Exposure Limit (STEL)
An individual who takes no active part in the management of a business but has capital invested in the business
Silent partner
Any contract other than a formal contract, whether written, oral or implied
Simple contract
A nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only
Soldiers and Sailors Will
An estate in which the assets exceed the liabilities
Solvent estate
A business owned by one person
Sole proprietorship
One authorized by the principal to execute specific acts
Special agent
An endorsement which designates the particular person to whom payment is to be made
Special endorsement
A contract remedy by which the court requires the breaching party to perform the contract
Special performance
An instrument in writing authorizing one person to act as an agent for another affective only upon a certain event occurring
Springing power of attorney
A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same
Stare decisis
To stand by things decided
Stare decisis
A particular law enacted by a legislative body
Statute
Itemized written statement provided for retention to each person who arranges a funeral or other disposition
Statement of Funeral Goods and Services Selected
Must include the goods and services selected and prices paid for each, itemization of cash advance items and the total cost
Statement of Funeral Goods and Services Selected
Law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies
Statutory law
Law generated by judicial opinions
Case law
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
Statute of Frauds
A law that restricts the period of time within which an action may be brought to court
Statute of Limitations
Those having title to one or more shares of stock in a corporation
- Stockholders
* Shareholders
Combined, they represent ownership of the corporation
- Stockholders
* Shareholders
A creation of the tax codes
Subchapter S Corporation
Shareholders elect to be taxed as a partnership (no double taxation) without losing corporation status
Subchapter S Corporation
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
- Summons
* Process
The condition of leaving a will at death
Testate
A man who makes a valid will
Testator
A woman who makes a valid will
Testatrix
Person not party to a contract, but whom parties intended to benefit
Third party beneficiary
An evaluation of exposures that are time-weighted over an established period
Time-Weighted Average (TWA)
Allows the exposure levels to be averaged generally over an 8-hour time period
Time-Weighted Average (TWA)
A wrongful act committed by one person against another person or his property
Tort
Stock reacquired by a corporation
Treasury stock
Courts that conduct the original trial and render their decision
Trial courts
Occurrence of situation that requires certain action
Triggering event
Triggering event for giving out the GPL
Face-to-face meeting
One who holds a position of trust to beneficiary
Trustee
In funeral arrangements, the person who has the right to control the funeral on behalf of all survivors
Trustee
Offering items of funeral goods and services as separate items and not conditioned on the purchase of another item or service
Un-bundle
The itemization of offerings of funeral goods and funeral services
Un0bundle
Improper influence that is asserted by one dominant person over another, without the treat or harm
Undue influence
An agreement which is not in the form required by law
Unenforceable contract
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
Uniform Anatomical Gift Act
Recognized as the most important statute in business law
Uniform Commercial Code
Includes provisions which regulate certain sales of goods
Uniform Commercial Code
A model law to achieve uniformity to probate proceedings throughout the U.S.
Uniform Probate Code
A one-sided contract / agreement formed when an act is done in consideration for a promise
Unilateral contract
A claim that is not supported by a pledge of other assets belonging to the debtor
Unsecured claim
Exceeding the maximum rate of interest which may be charged on loans
Usurious
A contract which will be enforced by the court
Valid contract
The registration, preparation, transcription, collection, compilation, and preservation of data pertaining to birth, adoptions, deaths, stillbirths, marital status, etc.
Vital statistics
An agreement of no legal effect
Void contract
A contract that would be an enforceable agreement, but due to circumstances, may be set aside by one of the parties
Voidable contract
Those drivers not under the direct control of the funeral director
Volunteer driver
Guarantees made by a seller that an article, good or service will conform to a certain standard or will operate in a certain manner
Warranties
An instrument executed with required formality by a person-making disposition of his / her property to take effect upon his / her death
Will
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
Zoning ordinance
