Regulatory Compliance

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Deborah
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223331
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Regulatory Compliance
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2015-05-22 11:42:48
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Regulatory Compliance
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  1. Abatement
    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. Acceptance
    an agreement to an offer resulting in a contract.
  3. Accord and Satisfaction
    an agreement made and executed in satisfaction of the rights one has from a previous contract.
  4. Actual Custody of the Body
    the physical possession of the dead human body.
  5. Ademption
    the extinction or withdrawal of a legacy under a will by an act equivalent to revocation.
  6. Administrative Agency
    an appointed governmental body charged with implementing revocation.
  7. Administrative Law
    the body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders and decisions. (OSHA, FTC, State Board Rules)
  8. Administrator
    a man who has been appointed by the court to settle an estate.
  9. Administratrix
    a woman who has been appointed by the court to settle an estate.
  10. Agent
    the party appointed by the principal to enter into a contract with a third party on behalf of the principal.
  11. Agent Driver
    those drivers under the directions and control of a funeral director who is liable for their actions.
  12. Alien Corporation
    one that is incorporated in a foreign country.
  13. Americans with Disabilities Act (ADA)
    a federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities.
  14. Answer
    official document detailing a defnedant's defense.
  15. Antitrust
    laws which seek to promote competition among businesses.
  16. Appellate Court
    court hearing cases appealed from lower courts.
  17. Apprentice/Intern/Resident Trainee
    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.
  18. Arraignment
    charging a person with a crime and asking for that person's plea.
  19. Arrest
    to take into police custody.
  20. Assignee
    the party to whom the assignment is made.
  21. Assignment
    a means whereby one party conveys rights to another person who is not a party to the original contract.
  22. Assignor
    the party making the assignment.
  23. Authority
    power to act for someone else.
  24. Bailee
    the party who acquires possession but not the title of personal property in a bailment.
  25. Bailment
    the transfer of possession but not the title of personal property by one party to another, under agreement.
  26. Bailor
    the party who gives up possession, but not title, of property in a bailment.
  27. Bearer
    a person in possession of an instrument.
  28. Bearer Paper
    a commercial paper payable to bearer; i.e. to the person having possession of such.
  29. Beneficiary
    recipient of the proceeds of a life insurance policy; one who inherits property as specified in a will.
  30. Bequest
    a gift of personal property by will.
  31. Bill of Lading
    the contract existing between the consignor (shipper) and the carrier.
  32. Bill of Sale
    a document of conveyance that provides written evidence of one's title to tangible personal property.
  33. Blank Endorsement
    having no words other than the signature of the endorser.
  34. Board of Directors
    a body of persons elected by the stockholders to define and establish corporate property.
  35. Body Parts
    in the UAGA, parts are defined as "organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplantation." After removal of a body part, without unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition.
  36. Booking
    administrative step taken after an arrested person is brought to a police station, which involves entry of the person's name, the crime for which the arrest was made, and other relevant facts on the police "blotter," and which may also include photographing, fingerprinting and the like.
  37. Brain Death
    total and irreversible cessation of brain unction as indicated by a flat EEG reading.
  38. Breach of Contract
    a situation in which one of the parties to a contract fails or otherwise refuses to perform the obligation established in that contract.
  39. Building Code
    laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use, or appearance of buildings.
  40. Business Law
    those rules of conduct prescribed by a government and its agencies, regulating business transactions.
  41. Cadaver
    a dead human body intended solely for scientific study and dissection.
  42. Capital Stock
    declared value of outstanding stock.
  43. Case Law (common law)
    court decisions that establish precident principles.
  44. Cashier's Check
    a check drawn on a bank's own funds and signed by a responsible bank official.
  45. Casket handling fees
    charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider (casket handling fees were eliminated by the Amended Funeral Rule and can no longer be charged to the consumer).
  46. Casket Price List (CPL)
    printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering. CPL must include retail price and enough descriptive information to enable consumers to identify the merchandise.
  47. Certificate of Deposit
    the acknowledgment by a bank of a receipt of money with an agreement of repayment.
  48. Certified Check
    a check for which the bank assures that the drawer has sufficient funds to make payment.
  49. Check
    an order by a depositor on the bank to pay a sum of money to a payee.
  50. Civil Law
    legal proceedings concerned with the rights of public citizens.
  51. Clinical Death/Legal Death
    the absence of all vital signs.
  52. Close (closed, closely held) corporation
    a designation which applies to a corporation in which outstanding shares of stock and managerial control are held by a limited number of people (often members of the same family)
  53. Codicil
    an addition or amendment of a last will and testament executed with the same formality as the will.
  54. Commercial Paper (Negotiable Instrument)
    a writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit.
  55. Common Carrier
    any carrier required by a law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc.).
  56. Common Law (Case Law)
    a system of jurisprudence based on judicial precedents rather than statutory laws.
  57. Common Stock
    stock that entitles owner vote.
  58. Compensatory Damages
    an award paid to the injured party to cover the exact amount of their loss, but no more.
  59. Complaint (petition)
    a written request initiating a civil suit.
  60. Consideration
    that which the promisor demands and receives as a price for a promise.
  61. Consignee
    one to whom goods are shipped by common carrier.
  62. Consignor
    one who ships goods by common carrier.
  63. Constitution
    any fundamental or important law or edict.
  64. Construction Custody
    having the authority to control disposition although another party has physical possession.
  65. Contract
    an agreement between two or more competent persons which is enforceable by law.
  66. Contract to Sell
    an agreement wherein a seller agrees to transfer title of goods to a buyer for a consideration (price), at a future time.
  67. Contractual Capability
    the necessity that the parties desiring to enter into contracts meet all requirements.
  68. Corporation
    an artificial being, invisible, intangible and existing only in contemplation of law; an entity that has a distince existence separate and apart from the existence of its individual members.
  69. Corpse (Dead Human Body)
    the body of a dead human being, deprived of life, but not yet entire disintegrated.
  70. Counteroffer
    an intended acceptance which changes or qualifies the offer, and is a rejection of the original offer.
  71. Creditor Beneficiary
    the person to whom the promise of a contract owes an obligation or duty which will be discharged to the extent that the promisor performs the promise.
  72. Creditor's Claim
    a legal process used by one wishing to collect a debt from an estate.
  73. Cremation
    the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber.
  74. Crime (Criminal Act)
    an action in violation of constitution, status, or ordinance, e.g., treason, felony, misdemeanor.
  75. Criminal Law
    laws dealing with crimes and the punishment of wrongdoers.
  76. Custodian
    a funeral director becomes the legal protector of a dead human body from the time of removal until final disposition.
  77. Death
    a state of complete and irreversible cessation of metabolic processes leading ultimately to dissolution of the organs.
  78. Defendant
    the person against whom legal action is brought.
  79. Degree of Kindred
    relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.
  80. Devise
    a gift of real estate made by will.
  81. Devisee
    one who inherits real estate under a will.
  82. Disaffirmance
    the repudiation of, or election to avoid, a voidable contract.
  83. Discharge
    termination of a contract by performance, agreement, impossibility, acceptance of breach, or operation of law.
  84. Discovery
    pretrial steps taken to learn the details of the case.
  85. Disinterment (Exhumation)
    the removal of a human corpse previously buried int he earth.
  86. Distribution
    providing documents (GPL) for retention and review (CPL, OBCPL.)
  87. Doctrine of 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.
  88. Domestic corporation
    operates int he state that granted the charter.
  89. Donee Beneficiary
    a third party beneficiary to whom no legal duty is owed and for whom performance is a gift.
  90. Dormant or sleeping partner
    partner unknown to public with no part in management.
  91. Draft
    a written order signed by one person requiring the person to whom it is addressed to pay a particular sum of money to the bearer, either on demand or at a certain time.
  92. Drawee
    the person, company, or financial institution ordered to pay a draft.
  93. Drawer
    the person who executes any draft.
  94. Durable power of attorney
    exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled.
  95. Duress
    a means of removing one's free will; obtaining consent by means of threat to do harm to the person, his family, or his property.
  96. Embalmer
    a person, properly licensed, who disinfects, preserves, or restores a dead human body.
  97. Eminent Domain
    the inherent power of a government to take private property for public use. The U.S. just compensation to the property owners is required.
  98. Employee
    the person hired to perform work and who is obligated both as to the work to be done and as to the manner in which it is to be done.
  99. Employer
    the party who hires employees to do certain work.
  100. Endorsee
    a person who becomes the holder of a negotiable instrument by endorsements which names him or her as the person to whom the instrument is negotiated.
  101. Endorsement
    the signature or statement of purpose by the owner on the back of a negotiable instrument, which indicates the future control of the instrument.
  102. Endorser
    person who writes his or her name on back of the instrument.
  103. Entombment
    the placing of a remains in a crypt in a mausoleum.
  104. Environmental Protection Agency (EPA)
    a governmental agency with environmental protection regulatory and enforcement authority.
  105. Escheat
    forfeiture of a decedent's property to the state int he absence of heirs.
  106. Estate
    the property of a deceased person, both real and /or personal.
  107. Ethics
    a set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct.
  108. Executed Contracts
    those contracts in which the parties have fulfilled the terms. Execution- the carrying out or completion of some task.
  109. Executor
    a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.
  110. Executory Contracts
    those contracts in which the terms have not been completely executed or fulfilled.
  111. Executrix
    a woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.
  112. Existing Goods
    those goods which are, at the time of the contract, in existence and owned by the seller.
  113. Exposure, Occupational
    reasonably anticipated skin, eye, mucous membrane, or parenteral contract with blood or other potentially infectious materials that may result from the performance of an employee's duties.
  114. Express Authority
    the authority of an agent, stated int he document or agreement creating the agency.
  115. Express Contract
    a contract in which the parties express their intentions, either orally or in writing, at the time of the agreement.
  116. Express Warranty
    the actual and definite statement of a seller, either verbally or in writing, guaranteeing a standard or level of performance.
  117. Federal Trade Commission (FTC)
    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.
  118. Felony
    a criminal offense that is punishable by confinement in prison or by death.
  119. Fetal Death
    death of a product of conception prior to the complete expulsion or extraction from its mother.
  120. Fiduciary
    a relationship of trust and confidence, such as that which exists between partners in a partnership.
  121. Final Disposition
    the conclusive performance of services with respect to the dead human body.
  122. Foreign corporation
    designation that applies when a corporation operates in any state other than where it is chartered.
  123. Formal Contract
    those contracts that must be in special form or produced in a certain way, such as under seal.
  124. Fraud
    the intentional or reckless false statement of a material fact upon which the injured party relied which induced the injured party to enter into a contract to his or her detriment.
  125. Future Goods
    those goods which are not in existence at the time a contract is agreed to.
  126. Funeral Director
    • a person properly licensed, engaged in, or conducting, or holding himself out as being engaged in:
    • 1) preparing, other than by embalming, for the burial or disposition of dead human bodies,
    • 2) maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies.
  127. Funeral Establishment
    a place of business used in the care and preparation for the funeral and/or final disposition of dead human bodies.
  128. Funeral provider
    any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public.
  129. General Agent
    one who is authorized to execute the principal's business of a particular kind, or all the principal's business at a particular place, if not all of one kind.
  130. General Partner
    an individual actively and openly engaged in the business and held out to everyone as a partner.
  131. General power of attorney
    an instrument in writing authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.
  132. General Price List (GPL)
    a printed list of goods and services offered for sale by funeral provider with retail prices. GPL is considered the keystone of the Funeral Rule.
  133. Goods
    movable tangible personal property.
  134. Gross negligent
    the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
  135. Guardian
    a judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability.
  136. Guaranteed Contract
    one where the funeral home guarantees that the services and merchandise will be provided at the time of need for an amount not exceeding the original amount of the contract plus any accruals, regardless of the cost of providing the services and merchandise at the time of the funeral.
  137. Heir
    one who inherits or is entitled to receive property by law.
  138. Holder
    one in possession of commercial paper.
  139. Holographic will
    a will written entirely by the testator with his own hand.
  140. Householder
    one who owns or controls real estate where a death occurs.
  141. Identified Goods
    the goods specified by the buyer and seller.
  142. Implied Authority
    an agent's authority to do things not specifically authorized in order to carry out express authority.
  143. Implied Contract
    one in which terms of the contract are implied by acts or conduct of the parties.
  144. Implied Warranties
    a warranty imposed by law, arising automatically because the sale has been made.
  145. Independent Contractor
    one who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as a means by which the contract is executed, except for specifications established in the contract.
  146. Inheritance
    the estate which passes from the decedent to his/her heirs.
  147. Injunction
    a judicial order or decree forbidding the performance of a certain act.
  148. Insolvent Estate
    the condition of the estate of a ceased person which is unable to pay the debts of the decedent and/or the estate.
  149. Intangible Personal Property
    evidences of ownership of personal property such as stock of corporations, checks and copyrights.
  150. Interment
    the act of placing the dead human body in the ground.
  151. Intestate
    the state or condition of dying without having made a will.
  152. Intestate Succession
    the succession of an heir at law to the property and estate of his ancestor when the latter has died without a will.
  153. Interstate
    between states.
  154. Intrastate
    within a state.
  155. Inventory (in Probate)
    listing and valuation of a decedent's assets by personal representative of the estate.
  156. Itemization
    the method of price quotation by which each unit of service and/or merchandise is priced separately.
  157. Judgment
    a decision of a court.
  158. Justice of Peace
    a public officer whose duties may include, among other things, the investigation of death.
  159. Kin
    one's relatives collectively; referring to blood relationship. (Legally, the surviving spouse is not kin).
  160. Law (Blackstone's Definition)
    those rules of civil conduct commanding what is right and prohibiting what is wrong.
  161. Legatee
    one who inherits personal property under a will.
  162. Liability
    responsibility for wrongful acts.
  163. Lien
    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).
  164. Limited Liability Corporation
    newest form of business ownership recognized in the U.S.; combines features of both the corporation and partnership.
  165. Limited Partner
    partner whose liability for the firm's debts is limited to the amount of his/her investment.
  166. Liquidated Damages
    a provision in a contract fixing the amount of the damages to be paid int he event one party breaches the contract.
  167. Live Birth
    the complete expulsion or extraction from its mother of a product of conception which, after such separation, breathes or shows any other evidence of life.
  168. Livery
    automotive equipment made available for hire.
  169. Living will
    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 when such person is no longer able to make decisions regarding his/her medical treatment.
  170. Maker
    the person who executes a promissory note.
  171. Malpractice
    a breach of contract by a professional; failure to perform a professional service with the ability and care generally exercised by others int he profession.
  172. Material Safety Data Sheet/ MSDS
    this must accompany a hazardous product; a requirement of the Department of Labor and OSHA under the Hazard Communication Standard.
  173. Medical Examiner/Coroner/Justice of Peace
    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 no doctor in attendance.
  174. Mental Anguish
    mental suffereing 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.
  175. Merchant
    a person who deals in goods of the kind, or otherwise by occupation purports to have knowledge or skill peculiar to the practices or goods involved in the transaction.
  176. Minor
    a person under full legal age; in most states (but not all), the standard is under the age of eighteen.
  177. Misdemeanor
    a criminal offense which is neither treason nor a felony.
  178. Misrepresentation
    stating an untrue fact.
  179. Morgue
    a place where dead human bodies are kept until identified and/or released for final disposition.
  180. Mortgage
    a secured loan on a parcel of real estate.
  181. Moral Turpitude
    crime involving a willful wrongdoing, usually a felony.
  182. Mortuary Law/Mortuary Jurisprudence/Funeral Service Law
    that branch of law that relates to matters concerned with the disposal of the dead.
  183. Mutilation
    altering of an object or a dead human body from its original condition.
  184. Necessaries (Necessities)
    items, required or proper and useful, for sustaining a human being at an appropriate living standard (ex: food, clothing, and shelter)
  185. Negligence
    failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary 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).
  186. Negotiable Instrument (Commercial Paper)
    a writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit.
  187. Negotiation
    the act of transferring ownership of a negotiable instrument to another party.
  188. Nominal Damages
    a token award to symbolize vindication of the wrong done to the plaintiff; generally, the award is $1.00.
  189. Nominal Partner
    person who pretends to be a partner or permits others to represent him or her as a partner.
  190. Non-declinable Fee
    services not to be included in prices of other categories that are furnished by a funeral provider is arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.
  191. Novation
    the change of one of the parties to a contract at the mutal agreement of the original parties.
  192. Nuisance
    a landowner's use of property which interferes with the public's or another landowner's use of his property.
  193. Nuisance in Fact
    act, occupation, or structure that is not a nuisance per se, but may become a nuisance by circumstances of the location or manner in which it is operated.
  194. Nuisance Per Se
    act, occupation, or structure which is a nuisance at all times and under circumstances. It may be prejudicial to public morals, dangerous to life, or injurious to public rights.
  195. Nuncupative Will
    oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing.
  196. Occupational Safety and Health Administration (OSHA)
    a governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees.
  197. Offer
    an expression of willingness to enter a contractual agreement.
  198. Offeree
    the person to whom an offer is made.
  199. Offeror
    the party who initiates, or makes, and offer.
  200. Order Paper
    a commercial paper made payable "to the order of" some named party; the work "order" or its equivalent must be used.
  201. Ordinance
    a law passed by a municipal governing body pertaining to matters not already covered by Federal or State law (zoning, building, safety ordinances, etc.)
  202. Outer Burial Container Price List (OBC PL)
    printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering. OBC PL must include retail price and enough descriptive information to enable consumers to identify the merchandise.
  203. Outrageous Act
    an act with complete disregard for proper conduct.
  204. Partnership
    the voluntary association of two or more people who have combined their resources to carry on as co-workers of a lawful enterprise for their joint profit.
  205. Parts per Million/ppm
    a method of expressing low concentration; 1 ppm is equivalent to 1 milligram per liter; in contaminated air, the parts of vapor or gas (formaldehyde) per million parts of air by volume; in solution the parts of chemical per million parts of solution.
  206. Par-value Stock
    stock with an assigned face vale.
  207. Payee
    the party to whom any negotiable instrument is made payable.
  208. Per Capita
    the method of dividing up an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent.
  209. Per Stirpes
    the method of dividing an estate where a class or group takes the share which the deceased would have been entitled to, and not as so many individuals, i.e., by right of representation.
  210. Permissible Exposure Limit/ PEL
    the maximum legal limits established by OSHA for regulated substances. These are based on employee exposure that is time-weighted over an 8-hour work shift. When these limits are exceeded, employers must take proper steps to reduce employee exposure. For formaldehyde, the PEL is .75 ppm.
  211. Personal Property
    all property which is not real property.
  212. Personal Service Contract
    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.
  213. Personal Representative
    a person who represents and settles the estate of deceased persons, i.e., executors and administrators.
  214. Petition (Complaint)
    a written request initiating a civil suit.
  215. Plaintiff
    the individual who initiates a civil action.
  216. Police Power
    the inherent power of every government to make reasonable laws to protect the safety health, morals, and general welfare of its citizens.
  217. 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.
  218. Precedent
    a decision of a court which is thereafter followed as an example by other courts.
  219. Preferred Stock
    stock giving special advantage as to payment of dividends, upon liquidation or both.
  220. Preparation Room
    that facility in a funeral home especially designed and equipped form embalming and preparation of dead human bodies.
  221. Price
    that consideration stipulated by contract, generally expressed in money or money's worth.
  222. Prinicipal
    a party who appoints a second party to serve as an agent.
  223. Private Carriers
    those who transport only in particular instances and only for those they choose to contract with (funeral home vehicles and livery)
  224. Private Corporation
    a corporation formed by individuals to form some non-governmental function.
  225. Probate
    the act or process of proving a will.
  226. Probate Court
    a court having jurisdiction over estates.
  227. Probate Estate
    the property of a decedent that is subject to administration by the executor or administrator of an estate.
  228. Process (Summons)
    a notice of complaint given to a defendant, defining the complaint and a time frame in which a response, or answer, must be filed, and which serves the purpose of conferring personal jurisdiction over the defendant.
  229. Promissory Estoppel
    an equitable doctrine that prevents the promisor from revoking the promise when the promisee justifiably acts in reliance upon the promise to his detriment.
  230. Promissory Notes
    a negotiable instrument containing a promise to pay.
  231. Promoter
    one who takes initial steps to form corporation.
  232. Property
    anything that may be owned.
  233. Public Corporation
    a corporation formed to carry out government functions.
  234. Punitive Damages
    a award paid to the plaintiff in order to punish the defendant, not to compensate the plaintiff.
  235. Qualified Endorsement
    an endorsement which limits the liability of the endorser.
  236. Quasi contract
    a fictional contract applied by a court for a person who is unable to contract for himself (i.e., medical care, death); an obligation which law creates int he absence of agreement; is invoked by courts where there is unjust enrichment. The function of quasi contract is to raise an obligation in law where, in fact, the parties made no promises.
  237. 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.
  238. Ratification
    confirming an act that was executed without authority or an act which was voidable.
  239. Real Property
    land and those objects permanently attached to land.
  240. Reciprocity
    the relationship existing between two states whereby each extends privileges of licenser to licensees of the other state.
  241. Rejection
    refusal to accept.
  242. Replevin
    an action to recover possession of personal property.
  243. Rescission
    canceling, annulling, avoiding.
  244. Restrictive Covenant
    provision in a deed limiting the use of property and prohibiting certain uses.
  245. Restrictive Endorsement
    an endorsement which prevents the use of the instrument for anything except the stated use.
  246. Revocation
    the annulment or cancellation of an instrument, act or morise by one doing or making it.
  247. Rules and Regulations
    enactments by an administrative body governing the jurisdiction of that agency.
  248. Sale
    the transfer of title to goods from the seller to the buyer for a consideration called the price.
  249. Secret Partner
    partner active in a business unknown to the public.
  250. Secured Claim
    a claim that is supported by a pledge of assets belonging to the debtor.
  251. Service Contracts
    the contracting of services rather than goods.
  252. Shareholders (Stockholders)
    those having title to one or more shares of stock in a corporation; combined, they represent ownership of the corporation.
  253. Sherman Antitrust Act
    legislation intended to promote competition among businesses by prohibiting restraint of trade.
  254. Short Term Exposure Limit/STEL
    legal limits established by OSHA to which workers can be exposed continuously for a short period of time without damage or injury. Exposure at the STEL should not be for more that 15 minutes and not repeated more that four times per workday.
  255. Silent Partner
    an individual who takes no active part in the management of a business but has capital invested in the business.
  256. Simple Contract
    any contract other than a formal contract, whether written, oral or implied.
  257. 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.
  258. Solvent Estate
    an estate in which the assets exceed the liabilities.
  259. Sole proprietorship
    a business owned by one person.
  260. Special Agent
    one authorized by the principal to execute specific acts.
  261. Special Endorsement
    an endorsement which designates the particular person to whom payment is to be made.
  262. Special Performance
    a contract remedy by which the court requires the breaching party to perform the contract.
  263. Springing Power of Attorney
    an instrument in writing authorizing one person to act as an agent for another affective only upon a certain event occurring.
  264. 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.
  265. Satute
    a particular law enacted by legislative body.
  266. Statement of Funeral Goods and Services Selected
    itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and services selected and prices paid for each, itemization of cash advance items and the total cost.
  267. Statutory Law
    law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
  268. Statute of Frauds
    a statute originally enacted by the English Parliament and now enacted in some form in all states, listing certain types of contracts which could be enforced only if in written form.
  269. Statute of Limitations
    a law that restricts the period of time within which an action may be brought to court.
  270. Stockholders (Shareholders)
    those having title to one or more shares of stock in a corporation; combined, they represent ownership of the corporation.
  271. Subchapter S Corporation
    a creation of the tax codes; shareholders elect to be taxed as a partnership (no double taxation) without losing corporation status.
  272. Summons (Process)
    a notice of complaint given to a defendant, defining the complaint and a time frame in which a response, or answer, must be filed, and which serves the purpose of conferring personal jurisdiction over the defendant.
  273. Testate
    the condition of leaving a will at death.
  274. Testator
    a man who makes a valid will.
  275. Testatrix
    a woman who makes a valid will.
  276. Third Party Beneficiary
    person not party to a contract, but whom parties intended to benefit.
  277. Time-Weighted Average/TWA
    an evaluation of exposures that are time-weighted over an established period. It allows the exposure levels to be averaged generally over an 8-hour time period.
  278. Tort
    a wrongful act committed by one person against another person or his property.
  279. Treasury Stock
    stock reacquired by a corporation.
  280. Trial Courts
    courts that conduct the original trial and render their decision.
  281. Triggering event
    occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting.
  282. Trustee
    one who holds a position of trust to beneficiary; in funeral arrangements, the person who has the right to control the funeral on behalf of all survivors.
  283. Un-bundle
    offering items of funeral goods and services as separate items and not conditioned on the purchase of another item or service. The itemization of offerings of funeral goods and funeral services.
  284. Undue Influence
    improper influence that is asserted by one dominant person over another, without the threat or harm.
  285. Unenforceable Contract
    an agreement which is not in the form required by law.
  286. Uniform Anatomical Gift Act
    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 giving the right to another.
  287. Uniform Commercial Code
    recognized as the most important statute in business law; includes provisions which regulate certain sales of goods.
  288. Uniform Probate Code
    a model law to achieve uniformity to probate proceedings throughout the U.S.
  289. Unilateral Contract
    a one-sided contract/agreement formed when an act is done is consideration for a promise.
  290. Unsecured Claim
    a claim that is not supported by a pledge of other assets belonging to the debtor.
  291. Usurious
    exceeding the maximum rate of interest which may be charged on loans.
  292. Valid Contract
    a contract which will be enforced by the court.
  293. Vital Statistics
    the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to birth, adoptions, deaths, stillbirths, marital status, etc.
  294. Void Contract
    an agreement of no legal effect.
  295. Voidable Contract
    a contract that would be an enforceable agreement, but due to circumstances, may be set aside by one of the parties.
  296. Volunteer Driver
    those drivers not under the direct control of the funeral director.
  297. Warranties
    guarantees made by a seller that an article, good or service will conform to a certain standard or will operate in a certain manner.
  298. Will
    an instrument executed with required formality by a person-making disposition of his/her property to take effect upon his/her death.
  299. Zoning Ordinance
    a law passed by a municipality by virtue of the police power that regulates and prescribes the kid of building, residences, or businesses that shall be built and used in different parts of the municipality.

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