Law - Glossary Flashcards
(143 cards)
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
2
Q
the physical possession of the dead human body or other property
A
actual custody
3
Q
the extinction or withdrawal of an inheritance because decedent did not own the named property at the time of death
A
ademption
4
Q
a governmental body created by legislation empowered to regulate and issue rules and regulations
A
administrative agency
5
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
6
Q
the man/woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament
A
administrator / administratrix / personal representative
7
Q
those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions
A
agent driver
8
Q
the 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 (ADA)
9
Q
a person engaged in learning the practice of funeral directing and/or embalming under instruction, direction, or personal supervision of a duly licensed FD and/or embalmer
A
apprentice / intern / resident trainee
10
Q
a person who receives personal property from another as a bailment
A
bailee
11
Q
a delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under and express or implied-in-fact contract
A
bailment
12
Q
a person who delivers personal property to another as a bailment
A
bailor
13
Q
a gift of personal property by Will
A
bequest / legacy
14
Q
in the Uniformed Anatomical Gift Act part is defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of human body for transplantation; after removal, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition
A
body parts
15
Q
total and irreversible cessation of brain function as indicated by a flat EEG reading
A
brain death
16
Q
laws ,ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings
A
building code
17
Q
the act of placing the dead human body in the ground
A
burial / interment / inhumement
18
Q
a dead human body intended solely for scientific study and dissection
A
cadaver
19
Q
appellate court decisions that establish precedented principles
A
case law
20
Q
an area of ground set aside and dedicated for the final disposition of dead human bodies
A
cemetery
21
Q
phase of somatic death lasting from 5-6 minutes during which life may be restored
A
clinical death
22
Q
an addition or amendment of a last will and testament executed with the same formality of the will
A
codicil
23
Q
any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (e.g., airline, train, etc.)
A
common carrier
24
Q
non legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community
A
common law
25
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
constitution
26
an agreement between two or more competent person which is enforceable by law
contract
27
provides transportation for compensation only to those with whom it desires to do business (e.g., livery service)
contract carrier
28
the situation whereby once a party has a right to acquire actual custody/possession of the dead body another party has actual physical possession
constructive custody
29
a public officer whose duty it is to investigate cause of death when the question of accident, suicide, or homicide may be evident or where there was non doctor in attendance
coroner / medical examiner / justice of the peace
30
the body of a dead human being, deprived of life, but not yet entirely disintegrated
corpse / dead human body
31
the final product remaining after completion of the entire cremation/pulverization process
cremated remains
32
the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
cremation
33
the location of the retort/cremation chamber which will perform the cremation process
crematory
34
an action in violation of constitution, statutes, or ordinances, e.g., treason, felony, misdemeanor
crime
35
status associated with funeral service practitioners/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition
custodian
36
the cessation of life; permanent cessation of all vital functions and signs
death
37
relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor
degree of kindred
38
a gift of real estate; the act/process of transferring ownership of real property
devise
39
the person who receives real property through the process of a devise
devisee
40
the removal of a human remains from previous location of final disposition
disinterment / exhumation
41
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
42
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
durable power of attorney
43
a person, properly licensed, who disinfects, preserves, and/or restores a dead human body
embalmer
44
the inherent power of a government to take private property for public use; in the US just compensation to the property owner(s) is required
eminent domain
45
the placing of remains in a crypt in a mausoleum
entombment
46
a governmental agency with environmental protection regulatory and enforcement authority
Environmental Protection Agency (EPA)
47
forfeiture of a decedent's property to the state in the absence of heirs
escheat
48
the property of a deceased person, both real and/or personal
estate
49
the physical and/or emotional separation for a period of time showing the lack of affection, trust, and regard
estrangement
50
a man/woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executor / executrix / personal representative
51
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
Federal Trade Commission (FTC)
52
the conclusive performance of services with respect to the dead human body by one of the legally recognized methods
final disposition
53
a person properly licensed, engaged in, or conducting, or holding himself/herself out as being engaged in:
1. preparing, other than by embalming, for the burial or disposition of dead human bodies; and/or
2. maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies
funeral director / funeral service practitioner
54
a facility used in the care and preparation for the funeral and/or final disposition of dead human bodies
funeral establishment
55
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers a funeral establishments
funeral service law / mortuary law / mortuary jurisprudence
56
a written instrument authorizing one person to do anything for the principal
general power of attorney
57
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
58
an agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need (in the future) for a sum not exceeding the original amount of the aforementioned contract plus any accruals, regardless of the current prices associated with providing the services and merchandise at the time of the funeral
guaranteed contract
59
a judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability
guardian
60
one who inherits, or is entitled to receive property by will or by laws of intestacy
heir
61
a will written entirely by the hand of the testator/testatrix
holographic will
62
the occupier of a house; one who owns or controls real estate where a death occurs
householder
63
the estate which passes from the decedent to his/her heirs
inheritance
64
the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate
insolvent estate
65
the act of placing the dead human body in the ground
interment
66
between two or more states
interstate
67
the method used to distribute property owned by a person who dies without a valid will
intestate succession
68
within a state
intrastate
69
listing and valuation of a decedent's assets by personal representative of the estate
inventory
70
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
invitee
71
an agreement for future funeral services which cannot be terminated or canceled prior to the dead of the beneficiary
irrevocable contract
72
a public officer whose duties in some jurisdictions may include among other things the investigation of death
justice of the peace / coroner / medical examiner
73
one's relatives collectively; referring to blood relationship (legally, the surviving spouse is not this)
kin
74
those rules of conduct commanding what is right and prohibiting what is wrong
law
75
one who inherits personal property under a will
legatee
76
responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable
liability
77
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)
lien
78
automotive equipment made available of hire
livery
79
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
living will
80
improper or negligent professional acts by a professional person
malpractice
81
a forensically-trained physician whose duty it is to investigate questionable or unattended deaths
medical examiner
82
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
mental anguish
83
a place where dead human bodies are kept until identified and/or released for final disposition
morgue
84
a secured loan on a parcel of real estate
mortgage
85
an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity
moral turpitude
86
any altering or change made to a dead human body from the time of death, other than by natural causes
mutilation
87
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 personable person would)
negligence
88
agreement in which the funeral home promises to apply the amount pre-paid plus any accruals to the balance due; however, the cost of the funeral will be based upon the current price for the services and merchandise at the time the death occurs
non-guaranteed contract
89
a landowner's use of property which interferes with the public or another landowner's use of his property
nuisance
90
acts, 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
nuisance in fact
91
acts, occupations or structures which are nuisances at all times and under all circumstances; it may be prejudicial to public morals, dangerous to life, or injurious to public rights
nuisance per se
92
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
93
a governmental agency with the responsibility for regulation and enforcement of safety and health matters for most employees
Occupational Safety and Health Administration (OSHA)
94
a law passed by a local municipal governing body (e.g., zoning, building, safety, etc.)
ordinance
95
an act with complete disregard for proper conduct which transcends the bounds of common decency
outrageous act
96
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
97
person who represents and administers the estate of deceased person; executor and/or administrator of an estate
personal representative
98
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
personal service contract
99
the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor's share
per stirpes
100
the inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens
police power
101
an instrument granting someone authority to act as agent or attorney-in-fact for the grantor; an ordinary ______ is revocable and automatically terminates upon the death or incapacity of the principal
power of attorney
102
a decision of a higher court (e.g., appellate or supreme court) which is thereafter followed as an example in subsequent similar cases
precedent
103
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
preferred claim
104
funeral arrangements made in advance of need that include provisions for funding or prepayment
pre-funded funeral arrangements
105
that portion or location in a funeral establishment specifically designed and equipped for embalming and otherwise preparing dead human bodies
preparation room
106
funeral arrangements made in advance of need that do not include provisions for funding or prepayment
pre-planned funeral arrangements
107
1. the order in which claims will be paid when there are insufficient assets to pay all of the claims;
2. the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body
priority
108
those who transport only in particular instances and only for those they choose to contract with (e.g., funeral home vehicles and livery)
private carrier
109
a cemetery owned by a private enterprise such as a corporation for profit, a non-profit corporation, partnership, sole owners, religious orders, etc.
private cemetery
110
the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs
probate
111
a court having jurisdiction over estates
probate court
112
the property of a decedent that is subject to administration by the executor or administrator of an estate
probate estate
113
a cemetery owned by a governmental unit (federal, state, or municipal)
public cemetery
114
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
115
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
116
the relationship existing between two states whereby each extends some privileges of licensure to licensees of the other state
reciprocity
117
an action to recover possession of wrongfully withheld personal property
replevin
118
provision in a deed limiting the use of property and prohibiting certain uses
restrictive convenant
119
agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law
revocable contract
120
the omission or cancellation of an instrument, act, license, or promise
revocation
121
enactments by an administrative body within the jurisdiction of that agency
rules and regulations
122
a debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor
secured claim
123
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
124
an estate in which the assets exceed the liabilities
solvent estate
125
a written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring
springing power of attorney
126
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
127
a law enacted by a federal or state legislative body
statute
128
law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies
statutory law
129
the condition of leaving a will at death
testate
130
a man who makes a valid will
testator
131
a woman who makes a valid will
testatrix
132
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.
third party contracts
133
a private or civil wrong, other than breach of contract, for which there may be action for damages
tort
134
one who intentionally and without consent or privilege enters another's property
trespasser
135
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
136
one who holds the title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has the right to control funeral does so on behalf of all survivors
trustee
137
a law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives the right to another
Uniform Anatomical Gift Act (UAGA)
138
a model law intended to achieve uniformity in probate proceedings throughout the US
Uniform Probate Code
139
a claim which is not supported by a pledge, mortgage, or lien on other assets
unsecured claim
140
the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc.
vital statistics
141
those drivers not under the control of the funeral director
volunteer driver
142
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death
will
143
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
