F.S. Law Flashcards

(41 cards)

1
Q

a proportional reduction of a legacy under a will when assets are not sufficient to pay it in full

A

abatement

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2
Q

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

A

ademption

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3
Q

drivers under the control and direction of the funeral establishment which is liable for the drivers negligent actions

A

agent driver

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4
Q

a gift of PERSONAL property by will

A

bequest (legacy)

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5
Q

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

A

Brain dead

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6
Q

a phase of somatic death lasting from 5-6 mins during which life may be restored

A

Clinical death

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7
Q

an addition or amendment of a last will and testament

A

codicil

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8
Q

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

A

constructive custody

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9
Q

status assoicated with funeral establishment who becomes legal protector of dead human body from time of removal until final disposistion

A

custodian

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10
Q

permanent cessations of al vital functions and signs

A

death

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11
Q

a gift of REAL ESTATE

A

Devise

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12
Q

the attention reasonably expected from and ordinarily exercised by a person who seeks to satisfy a legal requirement

A

due diligence

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13
Q

agent status which will remain effective in the event the original party should later become incapacitated

A

durable power of attorney

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14
Q

inherent power of a govt to take private property for public use

A

eminent domain

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15
Q

forfeiture of decedents property to the state in the absence of heirs

A

escheat

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16
Q

a written instrument authorizing one person to do anything for the principal; has full power of attorney for another party

A

general power of attorney

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17
Q

the INTENTIONAL failure to perform a manifest duty in reckless disregard of the consequences

A

gross negligent act

18
Q

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

19
Q

the estate which passes from the decedent to the heirs

20
Q

one who INHERITS personal property under a will

21
Q

a claim or charge agaisnt real or personal property for payment of some debt

22
Q

improper or negligent professional act by a professional person

23
Q

a forensically trained physician whose duty it is to investigate questionable or unattended deaths

A

medical examiner

24
Q

mental suffering resulting from grief, severe disappointment etc.

A

mental anguish

25
a secured loan on a parcel of real estate
mortgage
26
failure to exercise ordinary care
negligence
27
a landowner's use of property which interferes with the public or another landowner's use of property
nuisance
28
oral will
nuncupative will
29
a law passed by local Municipal governing body
ordinance
30
the method of dividing an estate by which an equal share is given to each of a number of persons in relation to degree of kindred
per capita
31
the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor's share
per stripes
32
a decision of a higher court with is thereafter followed as an example in subsequent similar cases
precedent
33
a claim which is accorded a priority, advantage or privilege
preferred claim
34
the order in which claims will be paid when there are insufficient assets to pay
priority
35
a fictional contract cremated/implied by a court for a person who in unable to contract for themselves; an obligation which law creates in teh absence of agreement
quasi contract
36
extends some privileges of licensure to licensees of the other state
reciprocity
37
an action to recover possession of wrongfully withheld personal property
replevin
38
provision in a deed limiting the use of property and prohibiting certain uses
replevin
39
an account established by one person to be held for the benefit of another; creates a fiduciary responsibility
trust account
40
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
zoning ordinance
41
If the body is embalmed, which of these charges will appear on the Statement of Funeral Goods and Services Selected?
Embalming