FS Law Glossary Exam

Card Set Information

Author:
studytaz
ID:
197343
Filename:
FS Law Glossary Exam
Updated:
2013-02-16 16:38:47
Tags:
Glossary
Folders:

Description:
FS Law Exam 3 Glossary
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user studytaz on FreezingBlue Flashcards. What would you like to do?


  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
    Abatement
  2. the physical possession of the dead human body
    Actual custody of the body
  3. the extinction or withdrawal of an inheritance because decedent did not own the property at the time of death.
    Ademption
  4. a man who has been appointed by the court to settle an estate
    Administrator
  5. a woman who has been appointed by the court to settle an estate
    Administratrix
  6. those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions
    Agent driver
  7. a federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities
    Americans with Disabilities Act/ADA
  8. a person engaged 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
    Apprentice
  9. a person engaged 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
    intern
  10. a person engaged 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
    resident trainee
  11. 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
    Bailment
  12. a dead human body intended solely for scientific study and dissection
    Cadaver
  13. appellate court decisions that establish precedent principles
    Case law
  14. the absence of all vital signs
    Clinical death (legal death)
  15. an addition or amendment of a last will and testament executed with the same formality as the will.
    Codicil
  16. any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc.)
    Common carrier
  17. non legislated principles and rules of action predicated upon usages and customs; a system of jurisprudence based on judicial precedents rather than statutory laws
    Common law
  18. any fundamental or important law or edict
    Constitution
  19. where a party has a right to acquire actual custody/ possession of the dead body although another party has actual physical possession
    Constructive custody/possession
  20. the body of a dead human being, deprived of life, but not yet entirely disintegrated. (see dead human body)
    Corpse
  21. the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
    Cremation
  22. a gift of real estate made by will
    Devise
  23. one who inherits real estate under a will
    Devisee
  24. exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled
    Durable power of attorney
  25. the inherent power of a government to take private property for public use. ln the U.S. just compensation to the property owners is required
    Eminent domain
  26. the placing, of a remains in a crypt in a mausoleum
    Entombment
  27. forfeiture of a decedent's property to the state in the absence of heirs
    Escheat
  28. the property of a deceased person, both real and/or personal
    Estate
  29. a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
    Executor
  30. a woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
    Executrix
  31. the removal of a human remains previously buried in the earth
    Disinterment
  32. the removal of a human remains previously buried in the earth
    Exhumation
  33. 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)
  34. an instrument in writing authorizing, one person to do anything for the principal. ln other words, one party has full power of attorney for another party
    General power of attorney
  35. the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
    Gross negligent
  36. a judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability
    Guardian
  37. one who inherits, or is entitled to receive property by will or laws intestacy
    Heir
  38. a will written entirely by the testator with his own hand
    Holographic will
  39. the occupier of a house- one who owns or controls real estate where a death occurs
    Householder
  40. the estate which passes from the decedent to his/her heirs
    lnheritance
  41. the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate
    lnsolvent estate
  42. the act of placing the dead human body in the ground
    Interment
  43. between states
    lnterstate
  44. within a state
    lntrastate
  45. the state or condition of dying, without having made a will
    lntestate
  46. the succession of an heir at law to the property and estate of his ancestor when the latter has died without a will
    Intestate succession
  47. one's relatives collectively; referring to blood relationship (legally, the surviving, spouse is not a kin)
    Kin
  48. a rule of action prescribed by an authority able to enforce its will
    Law
  49. a gift of personal property by will
    Legacy
  50. a gift of personal property by will
    Bequest
  51. one who inherits personal property under a will
    Legatee
  52. a claim or charge against property for payment of some debt (There can be no lien against a dead human body for it is not property)
    Lien
  53. automotive equipment made available for hire
    Livery
  54. a document which governs the withholding or withdrawal of life-sustaining treatment from an individual in tie event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to make decisions regarding his/her medical treatment
    Living will
  55. improper or negligent professional act by a professional person
    Malpractice
  56. mental suffering, resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., usually accompanied by physical injury or by an outrageous intentional or grossly negligent act
    Mental anguish
  57. a place where dead human bodies are kept until identified and/or released for final disposition
    Morgue
  58. that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments
    Funeral service law
  59. that branch of law which relates to matters concerned with the disposal
    of the dead and regulation of funeral directors/embalmers and funeral
    establishments
    Mortuary law
  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
    Mortuary jurisprudence
  61. any altering, or change made to a dead human body from the time of death, other than by natural-causes; altering of an object or a dead human body from its original condition
    Mutilation
  62. a landowner's use of property which interferes with the public or another landowner's use of his property
    Nuisance
  63. act, 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
  64. act, occupations or structures which are nuisances at all times and under all circumstances. lt may be prejudicial to public morals, dangerous to life, or injurious to public rights
    Nuisance per se
  65. 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
  66. a governmental agency with the respohsibility for regulatory and enforcement of safety and health matters for most employees
    Occupational Safety and Health Administration (OSHA)
  67. a law passed by a local municipal governing body (e.j. zoning, building, safety,etc.)
    Ordinance
  68. an act with complete disregard for proper conduct which transcends the bounds of common decency
    Outrageous act
  69. person who represents and administers the estate of deceased persons i.e., executors and administrators
    Personal representative
  70. 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
  71. the inherent power of every government or soverency to make reasonable laws to protect the safety, health, morals and general welfare of its citizens
    Police power
  72. an instrument in writing authorizing one person to act as agent for another.Power cf attorney is revoked on death of principal by operation of law. Power of attorney can be general (full) or special (limited)
    Power of attorney
  73. a decision of a court which is thereafter followed as an example in subsequent similar cases
    Precedent
  74. those who transport only in particular instances and only for those they chose to contract with (funeral home vehicles and livery) as opposed to common carrier
    Private carrier
  75. the process where the estate of a decedent is administered; the act or process of proving a will
    Probate
  76. a court having, jurisdiction over estates
    Probate court
  77. a fictional contract created or implied by a Court for a person who is unable to contract for himself (i.e., medical care, death); an obligation which law creates in the absence of agreement- is invoked by courts where there is unjust enrichment. Function of quasi contract is to raise obligation in law where in fact the parties made no promises.
    Quasi contract
  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.
    Quasi-property theory
  79. the relationship existing between two states whereby each extends some privileges of licensure to licensees of the other state
    Reciprocity
  80. an action to recover possession of personal property
    Replevin
  81. provision in a deed limiting the use of property and prohibiting certain uses
    Restrictive covenant
  82. the omission or cancellation of an instrument, act, license, or promise
    Revocation
  83. an estate in which the assets exceed the liabilities
    Solvent estate
  84. an instrument in writing authorizing one person to act as an agent for another effective only upon a certain event occurring
    Springing power of attorney
  85. a law enacted by a federal or state legislative body
    Statute
  86. the condition of leaving a will at death
    Testate
  87. a wrongful act commited by one person against another person or their property
    Tort
  88. one who intentionally and without consent or privilege enters another's property
    Trespasser
  89. one who holds title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has the rignt to control the funeral does so on behalf of all survivors
    Trustee
  90. a law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives the right to another
    Uniform Anatomical Gift Act
  91. those drivers not under the control of the funeral director
    Volunteer driver
  92. an instrument executed with required formality by a person making disposition of their property to take effect upon their death.
    will
  93. 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
  94. If all of the children were living at the time of an intestate's death and the spouse was dead the property would be distributed per head or equally to the to the children
    Distribution per capita
  95. Distribution among heirs according to relationship to deceased
    Distribution per stripes
  96. contract with the terms of the agreement specified in words
    Express contract
  97. Contract with major terms implied by the parties' conduct
    Implied Contract
  98. Contract with major terms implied by the parties' conduct
    Implied in Fact Contract
  99. Principle that a court decision controls the decision of a similar future case
    Stare Decisis

What would you like to do?

Home > Flashcards > Print Preview