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Arts - Mors 200 > Funeral Service Law: Mortuary Law > Flashcards

Funeral Service Law: Mortuary Law Flashcards

1
Q

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

A

Abatement

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2
Q

The physical possession of the dead human body

A

Actual Custody of the Body

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3
Q

The extinction or withdrawal of an inheritance because decedent did not own the property at the time of death

A

Ademption

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4
Q

A governmental body created by legislation empowered to regulate an industry an issue rules and regulations

A

Administrative Agency

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5
Q

That 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

A

Administrative Law

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6
Q

A man who has been appointed by the court to settle an estate

A

Administrator

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7
Q

A woman who has been appointed by the court to settle an estate

A

Administratrix

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8
Q

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

A

Agent Driver

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9
Q

Unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains, and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials

A

Alternative Container

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10
Q

Price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons, for agreements with religious groups, burial or memorial societies for members of their group

A

Alternative Price Lists

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11
Q

A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications, services, and public accommodations and services operated by private entities

A

Americans with Disabilities Act aka ADA

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12
Q

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

A

Apprentice aka Intern aka Resident Trainee

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13
Q

A person who receives personal property from another as a bailment

A

Bailee

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14
Q

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

A

Bailment

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15
Q

A gift of personal property by will

A

Bequest aka Legacy

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16
Q

Int eh uniformed anatomical gift act defined as organs, tissues, eyes, bones, arteries, blood, other fluids, and other portions of a human body for transplantation. After removal of a body part, without unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition

A

Body Parts

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17
Q

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

A

Brain Death

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18
Q

Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use of appearance of buildings

A

Building Code

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19
Q

This form of insurance is fading fast from the funeral scene. Life insurance payable in merchandise and service or as a credit toward merchandise and service, with a lesser benefit often payable in cash when the person dies and final disposition occurs outside the service area of the funeral establishment that services that burial association

A

Burial Insurance

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20
Q

A dead human body intended solely for scientific study and dissection

A

Cadaver

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21
Q

Appellate court decisions that establish precedented principles

A

Case Law

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22
Q

Any item of service or merchandise described to a purchaser as a cash advance, accommodation, cash disbursement, or similar term. Any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf.

A

Cash Advance Items

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23
Q

Rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric

A

Casket

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24
Q

Charge, fee, or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider

A

Casket Handling Fees

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25
Q

Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering

A

Casket Price List aka CPL

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26
Q

Must include retail price and enough descriptive information to enable consumers to identify the merchandise

A

Casket Price List

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27
Q

The absence of all vital signs

A

Clinical Death aka Legal Death

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28
Q

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

A

Codicil

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29
Q

Commission refers to the

A

Federal Trade Commission

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30
Q

Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid

A

Common Carrier

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31
Q

Non-legislated principles and rules of action predicated upon usages and customs

A

Common Law

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32
Q

Any fundamental or important law of edict

A

Constitution

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33
Q

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

A

Constructive Custody/Possession

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34
Q

Provides transportation for compensation only to those with whom is desires to do business

A

Contract Carrier

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35
Q

An official of a local community who holds inquests concerning sudden, violent, and unexplained deaths

A

Coroner

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36
Q

The legal term for the dead human body

A

Corpse

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37
Q

The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber

A

Cremation

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38
Q

Any person, partnership, or corporation that performs cremation and sells funeral goods

A

Crematory

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39
Q

An action in violation of constitution, statutes, or ordinances

A

Crime aka Criminal Act

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40
Q

A legal process used by one wishing to collect a debt from an estate

A

Creditor’s Claim

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41
Q

Funeral director becomes legal protector of dead human body from time of removal until final disposition

A

Custodian

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42
Q

The body of a dead human being, deprived of life, but not yet entirely disintegrated which may include cremated remains

A

Dead Human Body

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43
Q

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

A

Death

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44
Q

Relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor

A

Degree of Kindred

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45
Q

A gift of real estate made by will

A

Devise

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46
Q

One who inherits real estate under a will

A

Devisee

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47
Q

Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present

A

Direct Cremation

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48
Q

The removal of a human remains previously buried in the earth

A

Disinterment aka Exhumation

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49
Q

A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same. To stand by things decided

A

Doctrine of Stare Decisis

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50
Q

The attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation

A

Due Diligence

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51
Q

Exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled

A

Durable Power of Attorney

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52
Q

Date that the specific price list was put into use

A

Effective Date

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53
Q

A person, properly licensed, who disinfects, preserves, or restores a dead human body

A

Embalmer

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54
Q

The inherent power of a government to take private property for public use. In the US just compensation to the property owners is required

A

Eminent Domain

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55
Q

The placing of a remains in a crypt in a mausoleum

A

Entombment

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56
Q

A governmental agency with environmental protection regulatory and enforcement authority

A

Environmental Protection Agency aka EPA

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57
Q

Forfeiture of a decedent’s property to the state in the absence of heirs

A

Escheat

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58
Q

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

A

Estate

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59
Q

A set of moral principles or values governing individuals or groups; conforming to accepted professional standards o conduct

A

Ethics

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60
Q

A man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate

A

Executor

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61
Q

A woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate

A

Executrix

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62
Q

Situation requiring immediate action or urgency; FTC recognized that funeral provider might embalm without permission

A

Exigent Circumstances

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63
Q

An 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

A

Federal Trade Commission aka FTC

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64
Q

Death of a product of conception prior to the complete expulsion or extraction from its mother

A

Fetal Death

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65
Q

The conclusive performance of services with respect to the dead human body

A

Final Disposition

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66
Q

These synonymous terms indicate that the funeral which has been prearranged and prefunded will be provided whether or not the funds entrusted plus any accrual on them are sufficient to pay for the funeral selected regardless of its price at the time of death

A

Fixed or Guaranteed Price

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67
Q

One of the categories required to be itemized on the GPL if the funeral provider offers the service. Involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider as selected by the family

A

Forwarding of Remains

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68
Q

None of the 16 items required to be separately itemized on the GPL can be listed as

A

Free items or no charge

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69
Q

A person properly licensed engaged in or conducting, or holding himself out as being engaged in 1) preparing, other than by embalming, for the burial or disposition of dead human bodies, 2) maintaining or operating a funeral establishment for the preparation and disposition, or for the care of the dead human bodies

A

Funeral Director

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70
Q

Service commemorating the deceased with the body present

A

Funeral Ceremony

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71
Q

A place of business used in the care and preparation for the funeral and/or final disposition of dead human bodies

A

Funeral Establishment

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72
Q

Goods which are sold or offered for sale directly to the public for use in connection with funeral services

A

Funeral Goods

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73
Q

Life insurance payable in cash to any designated beneficiary for use in any manner chosen, but not necessarily intended to be applied toward funeral expenses. Most such is provided by carriers not owned by a funeral home although many funeral homes endorse a specific carrier or plan

A

Funeral Insurance

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74
Q

Any person, partnership, or corporation that sells or offers to sell funeral goods and funeral services to the public

A

Funeral Provider

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75
Q

That branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishment

A

Funeral Service Law aka Mortuary Law aka Mortuary Jurisprudence

76
Q

Any services which may be used to:

1) Care for and prepare deceased human bodies for burial, cremation or other final disposition and
2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies

A

Funeral Services

77
Q

An instrument in writing authorizing one person to do anything for the principle.

A

General Power of Attorney

78
Q

Printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices.

A

General Price List

79
Q

This is considered the keystone of the funeral rule

A

General Price List

80
Q

Ceremony commemorating the deceased at place of final disposition

A

Graveside Service

81
Q

The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another

A

Gross Negligent

82
Q

A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability

A

Guardian

83
Q

One who inherits, or is entitled to receive, property by will or laws intestacy

A

Heir

84
Q

A will written entirely by the testator with his own hand

A

Holographic Will

85
Q

The occupier of a house; one who owns or controls real estate where a death occurs

A

Householder

86
Q

Disposition of human remains by burial, without formal viewing, visitation, or ceremony, with the body present, except for a graveside service

A

Immediate Burial

87
Q

The estate which passes from the decedent to his/her heirs

A

Inheritance

88
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

89
Q

Method of price quotation by which each unit of service and/or merchandise is priced separately

A

Itemization

90
Q

The act of placing the dead human body in the ground

A

Interment

91
Q

Between two or more states

A

Interstate

92
Q

The state or condition of dying without having made a will

A

Intestate

93
Q

The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will

A

Intestate Succession

94
Q

Within a state

A

Intrastate

95
Q

Listing and valuation of a decedent’s assets by personal representative of the estate

A

Inventory

96
Q

One who has been invited on the property by the landowner; persons coming to a funeral home for the purpose of attending funerals, viewing remains, or engaging the funeral director’s services

A

Invitee

97
Q

A public officer whose duties may include among other things the investigation of death

A

Justice of the Peace

98
Q

One’s relatives collectively; referring to blood relationship

A

Kin

99
Q

Legally, the ____________ is not kin

A

Surviving Spouse

100
Q

A rule of action prescribed by an authority able to enforce its will

A

Law

101
Q

One who inherits personal property under a will

A

Legatee

102
Q

Responsibility for wrongful acts or other debts

A

Liability

103
Q

A claim or change against property for payment of some debt

A

Lien

104
Q

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

A

Live Birth

105
Q

Automotive equipment made available for hire

A

Livery

106
Q

You can put property into this while you are still alive

A

Living Trust

107
Q

When you die, the property in the living trust automatically goes to whom without going through probate court which can be very time consuming and expensive

A

Heirs

108
Q

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

A

Living Will

109
Q

Improper or negligent professional act by a professional person

A

Malpractice

110
Q

Statements required by the Rule which cannot be modified or edited and must appear in a clear and conspicuous manner

A

Mandatory Disclosures

111
Q

An official elected or appointed to investigate suspicious or unnatural death

A

Medical Examiner

112
Q

Ceremony commemorating the deceased without the body present

A

Memorial Service

113
Q

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

A

Mental Anguish

114
Q

A place where dead human bodies are kept until identified and/or released for final disposition

A

Morgue

115
Q

A secured loan on a parcel of real estate

A

Mortgage

116
Q

An act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity

A

Moral Turpitude

117
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

Mortuary Law aka Mortuary Jurisprudence aka Funeral Service Law

118
Q

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

A

Mutilation

119
Q

Failure to exercise ordinary care; 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. The lack of due care

A

Negligence

120
Q

Basic Services is the only fee which the consumer cannot decline. Funeral Provider should recover expenses for services, facilities, or unallocated overhead in this charge

A

Non-Declinable Service Fee

121
Q

A landowner’s use of property which interferes with the public or another landowner’s use of his property

A

Nuisance

122
Q

Act, occupations, or structures which are not nuisances per se, but may become nuisances by reason of the location or manner in which it is operated

A

Nuisance in fact

123
Q

Act, occupations, or structures which are nuisances at all times and under all circumstances. May be prejudicial to public morals, dangerous to life, or injuirious to public rights

A

Nuisance per se

124
Q

Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing

A

Nuncupative Will

125
Q

A governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees

A

Occupational Safety and Health Administration aka OSHA

126
Q

A law passed by a municipal governing body

A

Ordinance

127
Q

Any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners

A

Outer Burial Container

128
Q

Printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering

A

Outer Burial Container Price List (OBC PL)

129
Q

An act with complete disregard for proper conduct which transcends the bounds of common decency

A

Outrageous Act

130
Q

Use of a single dollar amount to identify the charge for a group or bundle of goods and/or services

A

Package Pricing

131
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 to the decedent

A

Per Capita

132
Q

Contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made; a contract whereby both parties should recognize that any breach will usually cause anguish

A

Personal Service Contract

133
Q

The method of dividing an estate where a class or group of distributees take the share which their deceased would have been entitled to had their deceased survived

A

Per Stirpes

134
Q

Any individual, partnership, corporation, association, government or government subdivision or agency or other entity

A

Person

135
Q

Person who represents and administers the estate of deceased person

A

Personal Representative

136
Q

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

A

Police Power

137
Q

Contract which are portable provide that when death occurs and the funeral is conducted by a firm other than the one with which there is a contract, the contract and funds will be transferred to the other establishment to be fulfilled

A

Portability of a Contract

138
Q

An instrument in writing authorizing one person to act as an agent for another. Revoked on death of principal by operation of law.

A

Power of Attorney

139
Q

A funeral arrangement made prior to need involving the written specification of what is desired, as well as the possible selection of merchandise. Does not involve payment of money

A

Prearranged

140
Q

Prearrangemnet for a funeral and payment for it at the time of prearrangement or on an installment basis

A

Prearranged and Prefunded

141
Q

A decision of a court which is thereafter followed as an example by other courts

A

Precedent

142
Q

The providing of funds for a funeral in advance of need which are deposited or placed not necessarily in association with a prearranged funeral

A

Prefunded

143
Q

A term used in reference to any aspect of prearranging, prefunding, or preplanning. It encompasses the entire subject

A

Preneed

144
Q

That facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies

A

Preparation Room

145
Q

Those who transport only in particular instances and only for those they chose to contract with funeral home vehicles and livery; as opposed to common carrier

A

Private Carrier

146
Q

The process where the estate of a decedent is administered

A

Probate

147
Q

The property of a decedent that is subject to administration by the executor or administrator of an estate

A

Probate Estate

148
Q

A court having jurisdiction over estates

A

Probate Court

149
Q

An individual or firm providing the services, facilities, and merchandise for the funeral which has been prearranged and.or prefunded

A

Provider

150
Q

A fictional contract created or implied by a Court for a person who is unable to contract for himself

A

Quasi Contract

151
Q

An obligation which law creates in the absence of agreement

A

Quasi Contract

152
Q

This is invoked by courts where there is unjust enrichment

A

Quasi Contract

153
Q

The function of this is to raise obligation in law where in fact the parties made no promises

A

Quasi Contract

154
Q

The accepted theory of the legal status of a dead human body.

A

Quasi-Property Theory

155
Q

Rights associated with the body are as if it were property for the purpose of disposition only

A

Quasi-Property Theory

156
Q

One of the categories required to be itemized on the GPL; involves services of the funeral provider after initial services have been provided by another firm at the locale of death

A

Receiving Remains

157
Q

The relationship existing between two states whereby each extends privileges of licensure to licensees of other states

A

Reciprocity

158
Q

An action to recover possession of personal property

A

Replevin

159
Q

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

A

Restrictive Covenant

160
Q

The omission or cancellation of an instrument, act, license, or promise

A

Revocation

161
Q

Enactments by an administrative body within the jurisdiction of that agency

A

Rules and Regulations

162
Q

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

A

Secured Claim

163
Q

A person who contracts to have available funeral services and/or merchandise.

A

Seller

164
Q

Basic 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

A

Services of Funeral Director and Staff

165
Q

A nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only

A

Soldiers and Sailors Will

166
Q

An estate in which the assets exceed the liabilities

A

Solvent Estate

167
Q

Itemized written statement provided for retention to each person who arranges a funeral or other disposition. Must include the goods and services selected and prices paid for each, itemization of cash advance items, and the total cost

A

Statement of Funeral Goods and Services

168
Q

A law enacted by a federal or state legislative body

A

Statute

169
Q

Law created by legislative bodies in contract to law generated by judicial opinions (case law) and administrative bodies

A

Statutory Law

170
Q

Funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information

A

Telephone Price Disclosure

171
Q

The condition of leaving a will at death

A

Testate

172
Q

A man who makes a valid will

A

Testator

173
Q

A woman who makes a valid will

A

Testatrix

174
Q

Funeral goods consumers purchase from a source other than the price list/funeral provider

A

Third Party Merchandise

175
Q

A wrongful act committed by one person against another person or their property

A

Tort

176
Q

One who intentionally and without consent or privilege enters another’s property

A

Trespasser

177
Q

Occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting

A

Triggering Event

178
Q

Monies deposited for a funeral arranged and contracted for in advance of need. Said funds earn interest which could offset the effect of inflation on the price of the selection made. The contract could be either guaranteed or non-guaranteed

A

Trust Funds

179
Q

One who holds title to property or another position of trust to a beneficiary; in all funeral arrangements, the person who has right to control funeral does so on behalf of all survivors

A

Trustee

180
Q

Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service

A

Tying Arrangements

181
Q

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 gives the right to another

A

Uniform Anatomical Gift Act

182
Q

A model law to achieve uniformity in probate proceedings throughout the U.S.

A

Uniform Probate Code

183
Q

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

A

Unsecured Claim

184
Q

The registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc

A

Vital Statistics

185
Q

Those drivers not under the direct control of the funeral director

A

Volunteer Driver

186
Q

An instrument executed with required formality by a person making disposition of their property to take effect upon their death

A

Will

187
Q

A law passed by a municipality by virtue of the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality

A

Zoning Ordinance

Arts - Mors 200 (6 decks)

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