Funeral Service Glossary Revised Flashcards
(106 cards)
1
Q
Abatement
A
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
2
Q
Ademption
A
the extinction or withdrawal of an inheritance because the decedent did not own the named property at the time of death.
3
Q
Administrative agency
A
a governmental body created by legislation empowered to regulate and issue rules and regulations.
4
Q
Administrative law
A
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).
5
Q
Bequest (legacy)
A
a gift of personal property by will.
6
Q
Building code
A
laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings.
7
Q
Case law
A
appellate court decisions that establish precedential principles.
8
Q
Common law
A
non legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community.
9
Q
Constructive custody
A
the situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
10
Q
Custodian
A
status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition.
11
Q
Due diligence
A
the attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.
12
Q
Federal Trade Commission (FTC)
A
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.
13
Q
Final disposition
A
the conclusive performance of services with respect to the dead human body by one of 48 the legally recognized methods.
14
Q
General power of attorney
A
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.
15
Q
Gross negligent act
A
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
16
Q
Guardian
A
a judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability.
17
Q
Holographic will
A
a will written entirely by the hand of the testator/testatrix.
18
Q
Intestate succession
A
the method used to distribute property owned by a person who dies without a valid will
19
Q
Kin
A
one’s relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin).
20
Q
Legacy
A
a gift of personal property by will.
21
Q
Legatee
A
one who inherits personal property under a will.
22
Q
Lien
A
a claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property).
23
Q
Malpractice
A
improper or negligent professional act by a professional person.
24
Q
Moral turpitude
A
an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.
25
Nuncupative will
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).
26
Outrageous act
an act with complete disregard for proper conduct which transcends the bounds of common decency.
27
Per capita
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.
28
Personal representative
person who represents and administers the estate of deceased persons; executor and/or administrator of an estate.
29
Per stirpes
the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share.
30
Police power
the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
31
Power of attorney
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.
32
Preferred claim
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.
33
Priority
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
34
Probate
the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs.
35
Probate court
a court having jurisdiction over estates.
36
Probate estate
the property of a decedent that is subject to administration by the executor or administrator of an estate.
37
Quasi contract
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.
38
Quasi-property theory
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.
39
Replevin
an action to recover possession of wrongfully withheld personal property.
40
Revocation
the omission or cancellation of an instrument, act, license or promise.
41
Rules and regulations
enactments by an administrative body within the jurisdiction of that agency.
42
Soldiers and sailors will
a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.
43
Stare decisis
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.
44
Statute
a law enacted by a federal or state legislative body
45
Statutory law
law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
46
Testate
the condition of leaving a will at death.
47
Third party contracts
agreements which involve the funeral director/funeral home because the family being served has contracted with someone else (a third party) for services or merchandise also available from the funeral home i.e. caskets, vaults, urns, pre-need insurance, etc.
48
Tort
a private or civil wrong, other than breach of contract, for which there may be action for damages.
49
Trust Account
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.
50
Trustee
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.
51
Uniform Probate Code (UPC)
a model law intended to achieve uniformity in probate proceedings throughout the U.S.
52
Will
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death.
53
Zoning ordinance
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.
54
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
Abatement
55
the extinction or withdrawal of an inheritance because the decedent did not own the named property at the time of death.
Ademption
56
a governmental body created by legislation empowered to regulate and issue rules and regulations.
Administrative agency
57
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).
Administrative law
58
a gift of personal property by will.
Bequest (legacy)
59
laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings.
Building code
60
appellate court decisions that establish precedential principles.
Case law
61
non legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community.
Common law
62
the situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
Constructive custody
63
status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition.
Custodian
64
the attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.
Due diligence
65
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.
Federal Trade Commission (FTC)
66
the conclusive performance of services with respect to the dead human body by one of 48 the legally recognized methods.
Final disposition
67
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.
General power of attorney
68
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
Gross negligent act
69
a judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability.
Guardian
70
a will written entirely by the hand of the testator/testatrix.
Holographic will
71
the method used to distribute property owned by a person who dies without a valid will
Intestate succession
72
one's relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin).
Kin
73
a gift of personal property by will.
Legacy
74
one who inherits personal property under a will.
Legatee
75
a claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property).
Lien
76
improper or negligent professional act by a professional person.
Malpractice
77
an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.
Moral turpitude
78
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).
Nuncupative will
79
an act with complete disregard for proper conduct which transcends the bounds of common decency.
Outrageous act
80
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.
Per capita
81
person who represents and administers the estate of deceased persons; executor and/or administrator of an estate.
Personal representative
82
the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share.
Per stirpes
83
the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
Police power
84
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.
Power of attorney
85
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.
Preferred claim
86
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
Priority
87
the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs.
Probate
88
a court having jurisdiction over estates.
Probate court
89
the property of a decedent that is subject to administration by the executor or administrator of an estate.
Probate estate
90
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.
Quasi contract
91
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.
Quasi-property theory
92
an action to recover possession of wrongfully withheld personal property.
Replevin
93
the omission or cancellation of an instrument, act, license or promise.
Revocation
94
enactments by an administrative body within the jurisdiction of that agency.
Rules and regulations
95
a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.
Soldiers and sailors will
96
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.
Stare decisis
97
a law enacted by a federal or state legislative body
Statute
98
law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
Statutory law
99
the condition of leaving a will at death.
Testate
100
agreements which involve the funeral director/funeral home because the family being served has contracted with someone else (a third party) for services or merchandise also available from the funeral home i.e. caskets, vaults, urns, pre-need insurance, etc.
Third party contracts
101
a private or civil wrong, other than breach of contract, for which there may be action for damages.
Tort
102
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.
Trust Account
103
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.
Trustee
104
a model law intended to achieve uniformity in probate proceedings throughout the U.S.
Uniform Probate Code (UPC)
105
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death.
Will
106
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
