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Mortuary Law > Vocab > Flashcards

Vocab Flashcards

1
Q

A proportional reduction of a devise when estate assets are not sufficient to pay it in full

A

Abatement

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2
Q

The physical possession of the dead human body or other property

A

Actual custody

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3
Q

A governess body created by legislation empowered to make and enforce rules and regulations

A

Administrative agency

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4
Q

the rules and regulations created by federal and state administrative agencies (OSHA,FTC< state board rules and regulations)

A

administrative law

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5
Q

those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions

A

agent drivers

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6
Q

a person who recieves personal property from another as a bailmant

A

bailee

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7
Q

a delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract

A

bailment

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8
Q

a person who delivers personal property to another as a bailment

A

bailor

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9
Q

appellate court desisions based on custom and usage and prior desicions

A

case law

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10
Q

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

A

codicil

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11
Q

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

A

constructive custody

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12
Q

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

A

custodian

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13
Q

a gift of real of personal property by will

A

devise

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14
Q

the person who recieves a devise

A

devisee

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15
Q

a power of atterny that remains in effect after the disability or incapacity of the principal

A

durable power of attorny

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16
Q

one who inherits or is entitled to receive property by laws of intestacy

A

heir

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17
Q

a will written entirley by the hand of the testator

A

holographic will

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18
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

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19
Q

the state or condition of dying without having made a will; intestacy

A

intestate

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20
Q

an agreement for future funeral services which cannot be terminated or canceled prior to the death of the benificiary

A

irrevocable contract

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21
Q

failure to perform a professional service with the ability and care generally exercised by others in the proffesion

A

malpractice

22
Q

a condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury

A

mental anguish

23
Q

any altering change made to a dead human body from the time of death, other than by natural causes

A

mutilation

24
Q

failure to exercise reasonable care

A

negligence

25
Q

agreement in which the funeral home promises to apply the amount prepaid plus any accruals to the balance due. However, the cost of the funeral will be based upon the current price for the services and merchandise at the time the services are provided

A

non-guaranteed contract

26
Q

oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states)

A

nuncupative will

27
Q

a law passed by a local municipal governing body ( zoning, building, safety)

A

ordinance

28
Q

the method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree of kndred to the decedent

A

per capita

29
Q

the method of proportionatley dividing the estate between beneficiaries according to their deceased ancestor’s share

A

per stirpes

30
Q

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

A

police power

31
Q

an intsrument granting someone authority to act as agent or attorney-in-fact for the principal; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal

A

power of attorney

32
Q

a claim which is accorded a priority, advantage or privilege

A

preffered claim

33
Q

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

A

pre-funded-funeral arrangments

34
Q

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

A

pre-planned funeral arrangements

35
Q

the process of administering the estate and determining the validity of a will

A

probate

36
Q

a court having jurisdiction over estates

A

probate court

37
Q

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

A

quasi-property-theory

38
Q

an action to recover possession of wrongfully withheld personal property

A

replevin

39
Q

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

A

restrictive covenant

40
Q

agreement which may be terminated by the perchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law

A

revocable contract

41
Q

the omission or cancellation of an instument, act, license or promise

A

recocation

42
Q

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

A

state decisis

43
Q

a law enacted by the legislative body

A

statute

44
Q

the condition of leaving a will at death

A

testate

45
Q

a person who makes a valid will

A

testator

46
Q

private or cival wrong against a person or his or her property, other than by breach of contract, for which there may be action for damages

A

tort

47
Q

account established by an individual to be held for the benefit of another (as a method of payment of funeral expenses); creates a fiduciary responsibility. Money paid to a funeral home for future servises is placed in an account with the funeral home as trustee for the benifit of another

A

trust account

48
Q

one who holds title to property or another position of trust to a benificiary

A

trustee

49
Q

those drivers not under the control of the funeral director

A

volunteer driver

50
Q

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

A

will

51
Q

a law passed by a local unit of governmet which regulates and prescribes the land use planning

A

zoning ordinance

52
Q

a landownders’ use of property which interferes with the public or another landowners’ use of their property

A

nuisance

Mortuary Law (15 decks)

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