Week 1 Introduction Flashcards

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1
Q

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

A

law

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2
Q

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

A

constitution

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3
Q

a law enacted by a legislative body

A

statute

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4
Q

appellate court decisions based on custom and usage and prior decisions

A

case law

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5
Q

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

A

ordinance

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6
Q

laws created by an administrative agency within its jurisdiction

A

rules & regulations

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7
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

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8
Q

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

A

Stare decisis

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9
Q

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

A

Administrative law

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10
Q

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

A

Administrative agency

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11
Q

a legally enforceable agreement

A

contract

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12
Q

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

A

Funeral service law (mortuary law/mortuary jurisprudence)

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13
Q

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

A

death

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14
Q

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

A

brain death

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15
Q

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

A

corpse

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16
Q

a dead human body intended solely for scientific study and dissection

A

cadaver

17
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

18
Q

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

A

Funeral director (funeral service practitioner)

19
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

20
Q

the physical possession of the dead human body or other property

A

actual custody

21
Q

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

A

constructive custody

22
Q

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

A

kin

23
Q

relationship of decedent to blood relatives

A

degree of kindred

24
Q

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

A

estrangement

25
Q

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

A

will

26
Q

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

A

guardian

27
Q

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

A

pre-planned funeral arrangements

28
Q

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

A

pre-funded funeral arrangements

29
Q

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

A

liability

30
Q

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

A

priority

31
Q

a claim which is accorded a priority, advantage or privilege

A

preferred claim

32
Q

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

A

secured claim

33
Q

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

A

unsecured claim

34
Q

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

A

estate