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Laws, Rules & Regulations > Funeral Service reversed revised exam 1 > Flashcards

Funeral Service reversed revised exam 1 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 extinction or withdrawal of an inheritance because the decedent did not own the named property at the time of death.

A

Ademption

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3
Q

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

A

Administrative agency

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4
Q

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).

A

Administrative law

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5
Q

a gift of personal property by will.

A

Bequest (legacy)

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6
Q

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

A

Building code

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7
Q

appellate court decisions that establish precedential principles.

A

Case law

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8
Q

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

A

Common law

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9
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

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10
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

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11
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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12
Q

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.

A

Federal Trade Commission (FTC)

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13
Q

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

A

Final disposition

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14
Q

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.

A

General power of attorney

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15
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 act

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16
Q

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

A

Guardian

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17
Q

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

A

Holographic will

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18
Q

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

A

Intestate succession

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19
Q

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

A

Kin

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20
Q

a gift of personal property by will.

A

Legacy

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21
Q

one who inherits personal property under a will.

A

Legatee

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22
Q

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

A

Lien

23
Q

improper or negligent professional act by a professional person.

A

Malpractice

24
Q

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

A

Moral turpitude

25
Q

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).

A

Nuncupative will

26
Q

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

A

Outrageous act

27
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 of kindred to the decedent.

A

Per capita

28
Q

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

A

Personal representative

29
Q

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

A

Per stirpes

30
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

31
Q

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.

A

Power of attorney

32
Q

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 claim and superior to all other claims.

A

Preferred claim

33
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

34
Q

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

A

Probate

35
Q

a court having jurisdiction over estates.

A

Probate court

36
Q

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

A

Probate estate

37
Q

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.

A

Quasi contract

38
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

39
Q

an action to recover possession of wrongfully withheld personal property.

A

Replevin

40
Q

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

A

Revocation

41
Q

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

A

Rules and regulations

42
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

43
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

Stare decisis

44
Q

a law enacted by a federal or state legislative body

A

Statute

45
Q

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

A

Statutory law

46
Q

the condition of leaving a will at death.

A

Testate

47
Q

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.

A

Third party contracts

48
Q

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

A

Tort

49
Q

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.

A

Trust Account

50
Q

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.

A

Trustee

51
Q

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

A

Uniform Probate Code (UPC)

52
Q

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

A

Will

53
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

Laws, Rules & Regulations (8 decks)

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