Week 1 Introduction

Question 1

those rules of conduct commanding what is right and prohibiting what is wrong

Answer 1

law

Question 2

the fundamental law that establishes the government. limits what government can and cannot do and states the underlying principles to which the government will conform

Answer 2

constitution

Question 3

a law enacted by a legislative body

Answer 3

statute

Question 4

appellate court decisions based on custom and usage and prior decisions

Answer 4

case law

Question 5

a law passed by a local municipal governing body (e.g. zoning, building, safety, etc.)

Answer 5

ordinance

Question 6

laws created by an administrative agency within its jurisdiction

Answer 6

rules & regulations

Question 7

the inherent power of a government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens

Answer 7

police power

Question 8

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

Answer 8

Stare decisis

Question 9

the rules and regulations created by Federal and State administrative agencies (e.g. OSHA, FTC, state board rules and regulations)

Answer 9

Administrative law

Question 10

a governmental body created by legislation empowered to make and enforce rules and regulations

Answer 10

Administrative agency

Question 11

a legally enforceable agreement

Answer 11

contract

Question 12

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

Answer 12

Funeral service law (mortuary law/mortuary jurisprudence)

Question 13

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

Answer 13

death

Question 14

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

Answer 14

brain death

Question 15

the body of a dead human being, deprived of life, but not yet entirely disintegrated

Answer 15

corpse

Question 16

a dead human body intended solely for scientific study and dissection

Answer 16

cadaver

Question 17

the accepted theory of the legal status of a dead human body; rights associated with the body are as if it were property for the purpose of disposition only

Answer 17

quasi-property theory

Question 18

a person properly licensed, engaged in, or conducting, or holding himself/herself out as being engaged in preparing, other than by embalming, for the burial or disposition of dead human bodies

Answer 18

Funeral director (funeral service practitioner)

Question 19

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

Answer 19

custodian

Question 20

the physical possession of the dead human body or other property

Answer 20

actual custody

Question 21

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

Answer 21

constructive custody

Question 22

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

Answer 22

kin

Question 23

relationship of decedent to blood relatives

Answer 23

degree of kindred

Question 24

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

Answer 24

estrangement

Question 25

an instrument executed with required formality by persons making disposition of their property to take effect upon their death

Answer 25

will

Question 26

a person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability

Answer 26

guardian

Question 27

funeral arrangements made in advance of need that do not include provisions for funding or prepayment

Answer 27

pre-planned funeral arrangements

Question 28

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

Answer 28

pre-funded funeral arrangements

Question 29

responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable

Answer 29

liability

Question 30

the order in which claims will be paid when there are insufficient assets to pay all of the claims; or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body

Answer 30

priority

Question 31

a claim which is accorded a priority, advantage or privilege

Answer 31

preferred claim

Question 32

a debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor

Answer 32

secured claim

Question 33

a claim which is not supported by a pledge, mortgage or lien on other assets

Answer 33

unsecured claim

Question 34

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

Answer 34

estate