FS Law Glossary Exam 1 Reversed

Question 1

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

Answer 1

Abatement

Question 2

the physical possession of the dead human body or other property.

Answer 2

Actual custody

Question 3

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

Answer 3

Ademption

Question 4

a governmental body created by legislation empowered to regulate and issue rules and regulations.

Answer 4

Administrative agency

Question 5

that body of law created by Federal and State administrative agencies through implementation of powers and duties in the form of rules, regulations, orders and decisions (e.g., OSHA, FTC, state board rules and regulations).

Answer 5

Administrative law

Question 6

the man/woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament. (see also personal representative)

Answer 6

Administrator/ Administratrix

Question 7

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

Answer 7

Agent driver

Question 8

the process by which a person engages 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.

Answer 8

Apprenticeship (internship/resident training)

Question 9

a person who receives personal property from another as a bailment.

Answer 9

Bailee

Question 10

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

Answer 10

Bailment

Question 11

a person who delivers personal property to another as a bailment.

Answer 11

Bailor

Question 12

a gift of personal property by will.

Answer 12

Bequest (legacy)

Question 13

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

Answer 13

Building code

Question 14

a dead human body intended solely for scientific study and dissection.

Answer 14

Cadaver

Question 15

appellate court decisions that establish precedential principles.

Answer 15

Case law

Question 16

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

Answer 16

Codicil

Question 17

non legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community.

Answer 17

Common law

Question 18

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 18

Constitution

Question 19

an agreement between two or more competent persons which is enforceable by law.

Answer 19

Contract

Question 20

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 20

Constructive custody

Question 21

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

Answer 21

Corpse (dead human body)

Question 22

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

Answer 22

Custodian

Question 23

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

Answer 23

Degree of kindred

Question 24

a gift of real estate; the act/process of transferring ownership of real property. (applies to both transfers as well as by wills.)

Answer 24

Devise

Question 25

the person who receives real property through the process of a devise.

Answer 25

Devisee

Question 26

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

Answer 26

Due diligence

Question 27

exists when one person appoints an agent; agent status which will become or remain effective in the event the original party should later become incapacitated.

Answer 27

Durable power of attorney

Question 28

forfeiture of a decedent's property to the state in the absence of heirs.

Answer 28

Escheat

Question 29

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

Answer 29

Estate

Question 30

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

Answer 30

Estrangement

Question 31

a man/woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate. (see also personal representative)

Answer 31

Executor/ Executrix

Question 32

an agency of the 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.

Answer 32

Federal Trade Commission (FTC)

Question 33

the conclusive performance of services with respect to the dead human body by one of 48 the legally recognized methods.

Answer 33

Final disposition

Question 34

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 34

Funeral director (Funeral service practitioner)

Question 35

a facility used in the care and preparation for the funeral and/or final disposition of dead human bodies.

Answer 35

Funeral establishment

Question 36

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 36

Funeral service law (mortuary law/mortuary jurisprudence)

Question 37

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 37

Funeral service practitioner

Question 38

a written instrument authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.

Answer 38

General power of attorney

Question 39

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

Answer 39

Gross negligent act

Question 40

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

Answer 40

Guardian

Question 41

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

Answer 41

Heir

Question 42

a will written entirely by the hand of the testator/testatrix.

Answer 42

Holographic will

Question 43

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

Answer 43

Householder

Question 44

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

Answer 44

Inheritance

Question 45

the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate.

Answer 45

Insolvent estate

Question 46

the method used to distribute property owned by a person who dies without a valid will

Answer 46

Intestate succession

Question 47

listing and valuation of a decedent's assets by a personal representative of the estate.

Answer 47

Inventory

Question 48

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 are some examples.

Answer 48

Invitee

Question 49

one's relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin).

Answer 49

Kin

Question 50

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

Answer 50

Law

Question 51

a gift of personal property by will.

Answer 51

Legacy

Question 52

one who inherits personal property under a will.

Answer 52

Legatee

Question 53

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

Answer 53

Liability

Question 54

a claim or charge against real or personal property for payment of some debt (there can be no ___ against a dead human body for it is not property).

Answer 54

Lien

Question 55

automotive equipment made available for hire.

Answer 55

Livery

Question 56

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 which becomes effective when such person is no longer able to make decisions regarding his/her medical treatment.

Answer 56

Living will

Question 57

improper or negligent professional act by a professional person.

Answer 57

Malpractice

Question 58

mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., and may be accompanied by physical injury or by an outrageous intentional or grossly negligent act.

Answer 58

Mental anguish

Question 59

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

Answer 59

Moral turpitude

Question 60

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 60

Mortuary law

Question 61

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

Answer 61

Mutilation

Question 62

failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary or similar circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).

Answer 62

Negligence

Question 63

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).

Answer 63

Nuncupative will

Question 64

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

Answer 64

Ordinance

Question 65

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

Answer 65

Outrageous act

Question 66

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 kindred to the decedent.

Answer 66

Per capita

Question 67

person who represents and administers the estate of deceased persons; executor and/or administrator of an estate.

Answer 67

Personal representative

Question 68

the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share.

Answer 68

Per stirpes

Question 69

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

Answer 69

Police power

Question 70

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

Answer 70

Power of attorney

Question 71

a decision of a higher court (e.g., appellate or supreme court) which is thereafter followed as an example in subsequent similar cases.

Answer 71

Precedent

Question 72

a claim which is accorded a priority, advantage or privilege; a superior claim or right of payment as against another of the same kind or class. The first claim to be paid is the highest preferred claim and superior to all other claims.

Answer 72

Preferred claim

Question 73

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 73

Priority

Question 74

the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs.

Answer 74

Probate

Question 75

a court having jurisdiction over estates.

Answer 75

Probate court

Question 76

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

Answer 76

Probate estate

Question 77

a fictional contract created or implied by a court for a person who is unable to contract for himself (e.g., medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment.

Answer 77

Quasi contract

Question 78

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 78

Quasi-property theory

Question 79

an action to recover possession of wrongfully withheld personal property.

Answer 79

Replevin

Question 80

the omission or cancellation of an instrument, act, license or promise.

Answer 80

Revocation

Question 81

enactments by an administrative body within the jurisdiction of that agency.

Answer 81

Rules and regulations

Question 82

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

Answer 82

Soldiers and sailors will

Question 83

an estate in which the assets exceed the liabilities.

Answer 83

Solvent estate

Question 84

a written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring.

Answer 84

Springing power of attorney

Question 85

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.

Answer 85

Stare decisis

Question 86

a law enacted by a federal or state legislative body

Answer 86

Statute

Question 87

law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.

Answer 87

Statutory law

Question 88

the condition of leaving a will at death.

Answer 88

Testate

Question 89

a man who makes a valid will.

Answer 89

Testator

Question 90

a woman who makes a valid will.

Answer 90

Testatrix

Question 91

agreements which involve the funeral director/funeral home because the family being served has contracted with someone else for services or merchandise also available from the funeral home i.e. caskets, vaults, urns, pre-need insurance, etc.

Answer 91

Third party contracts

Question 92

a private or civil wrong, other than breach of contract, for which there may be action for damages.

Answer 92

Tort

Question 93

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

Answer 93

Trespasser

Question 94

account established by one 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 services is placed in an account with the funeral home as trustee for the benefit of another.

Answer 94

Trust Account

Question 95

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

Answer 95

Trustee

Question 96

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

Answer 96

Uniform Probate Code (UPC)

Question 97

those drivers not under the control of the funeral director.

Answer 97

Volunteer driver

Question 98

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

Answer 98

Will

Question 99

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.

Answer 99

Zoning ordinance