mortuary law and business law

Terms	Definitions
custodian	when a FD has a dead human body in his care, he is properly termed a
bailee	when a FD has the personal effects of a dead human body in his possession, he is properly termed a
administrator	a person appointed by the court to oversee the estate of an intestate is called
executor	a personal rep of the decedent appointed in the will to carry out the provisions of the will is called
the federal claims act	the right to sue the federal government is derived from
will	a written disposition of property, real or personal, to take effect at the death of an individual is called a
intestate	when a person dies without a will, he is said to die
testator	a person who dies leaving a valid will is called a
codicil	an addition or modification of a will is known as a
probate	the filling and proving of the will following death is called
void	a contract that is of no legal effect
voidable	a contract that may be set aside by at least one of the parties is
valid	a contract which is enforceable by the court is
placed in the mail by the offeree	you receive an offer in the mail containing no stipulations as the acceptance, and you decide to return your acceptance by mail. the agreement is complete when the acceptance is
fraud	one who induces another to enter into a contract as a result of an intentionally or recklessly false statement of a material fact is guilty of
tort	a pvt or civil wrong, either international or caused by negligence, for which there may be action for damages is
fiduciary	a term involving a relation of trust or confidence
negligence	a breach of the duty of care one individual has toward other is called
contract rate	the max amount of interest that may be charged is called
usurious	any rate of interest above the max rate allowable by law is said to to be
executory	a contract in which the terms have not been fully performed by all the parties is said to be
voidable	a contract in which undue influence was proven is considered
ordinances	the laws of city councils are called
jurisdiction	the power of authority which each court has to hear cases is called its
mutual agreement; competent parties; supported by consideration; lawful purpose	in order to be enforceable, a valid contract must meet what requirements?
formal	a contact under seal is called
void	mutual mistakes as to the existence of the subject matter renders a contract
disaffirmance	the election to void a contract is called
ratification	a restatement of one's willingness to be bound by his promises made during minority is called
void	a contract made by a legally declared insane person is
valid	a contract made by a person who is intoxicated, but aware of the consequences of his/her actions is
consideration	whatever the promisor demands and receives as the price for his promise is called
forbearance	when one promises to refrain from doing something, his conduct is known as
statute of frauds	the statute listing certain classes of contracts which must be in writing to be enforceable is called the
assignment	the means whereby one party conveys his rights in a contract to another who is not a party to the original contract is called
novation	the substitution of a new party for the original party who is to perform is called
statute of limitations	when one party to a contract breaches it, the other party has the right to sure for breach of contract, but he must exercise this right within the time fixed by a statute which is called
common law	customs which have come to be recognized by the courts law describes
voidable	a contract made by an insane person who has not been declared so judicially is
compensatory damages	the damages awarded an injured party in a contract in which the injured party is entitles to compensation for the exact amount of the loss are called
negotiable instruments	written instruments drawn in special form, which can be transferred from person to person as a substitute for money or as instruments of credit, are called
promissory note	an unconditional written promise made by one person to another, signed by the maker, engaging to pay on demand or at a fixed future time, a sum certain in money to order or to bearer is a
check	a draft drawn on a bank and payable on demand is a
agency	the contract between a principal and an agent creates a relationship called
corporation	an association of individuals united for a common purpose and permitted by law to use a common name and to change its members without dissolution of the association is
entity	a corporation has a distinct existence separate and apart from the existence of its individual members which is known as
stockholders	the owners of a corp are known as
board of directors	the right to declare dividends upon the discretion of the
dividends	the profits of a corp belong to the corp until set aside by the directors for distribution
personal property	all physical items that are not real property are classified as
property	anything that may be owned, possessed, used, or disposed of for a price is called
real property	land, timber, minerals, buildings, and other man made property permanently attached to land are called
intangible personal property	property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are
tangible personal property	personal property which can be seen and touched is
tort law	the law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is
tort	when the duty of care that motorist owes another motorists and pedestrians is breached and results in injury or damage to another, that motorist has committed a
ademption	the extinction or withdrawal of a legacy by an act equivalent to revocation is called
holographic will	a will written entirely by the testator with his own hand is properly termed a
abatement	a proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full is
insolvent estate	the condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being
children of legal age	the ones having the primary right to control final disposition of a deaceased person is
actual custody	when a dead human body is in the mortuary, the funeral home is said to have
false testimony	perjury is
a constitution	a document which defines the relationships of the gov itself and of its citizens is
the uniform commercial code	in the field of business law, the most important statute is
an injunction	a permanent order, issued by a court, forbidding activities which would be detrimental to others is
to arraign	to read the charge of an indictment is
slander	defamation of character by spoken words or gestures
statutes	laws enacted by legislative bodies are
the judge	in the state court, the chief officer is
a restraining order	a temporary order forbidding a certain action is
the probate court	the court having sole jurisdiction over estates is
customs	common law is based on
spoken words	parol evidence is
a writ	a formal written command issued by a court of law
concealment	the failure to volunteer or reveal info not requested is termed
juvenile court	not a type of inferior state court
ordinances	laws passed by local govs are
case law	the doctrine of stare decisis is concerned with
a trail court	a court of original general jurisdiction is
US constitution	the law of the land in the US is the
equity	what is right and just refers to
plaintiff	the party who institutes a court action is the
US supreme court	the highest court of the land in the US is the
state supreme court	the highest court of a state is the
a summons	a process may be referred to as
verdict	the decisions of a jury is the
an appellate court	a federal court of appeals is
england	common law developed in
law	rules of civil conduct commanding what is right and prohibiting what is wrong defines
business law	law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is
administrative law	orders and decrees from gov agencies which have the force of law is considered
voidable	a contract made by a person who is so intoxicated as to be unaware of the consequences is
intent	a newspaper advertisement can be an offer if it shows
an offer	an expressed willingness from a person to enter into a contractual agreement is
terms of the contract	does not render an agreement defective
rescind	to cancel or annul or avoid a contract is to
a minor	a person below the adult age is
anti trust laws	laws that are designed to protect or prevent any individual from controlling a large share of a market or products are
judicially declared insane person	a contract made with who would be considered void
novation	a change of parties with the formation of a new contract is
breach of contract	the violation of the terms of a contract is referred to as
consanguinity	a term for blood kin is
disaffirmance	the right a minor has to avoid a contract is termed
torts	generally, a minor is fully liable for his/her
movie ticket	not a necessity. {clothes, food, & shelter are}
written contracts	the statute of frauds states that for contracts classified under this statue to be enforceable they must be
delegation	a term which means the transfer of one's duty alone without transfer of rights is
excess interest	usury is a term which refers to
default	a breach of contractual obligation other than money is
a material fact	a fact that could alter ones decision to enter into a legal binding contract is
voidable	contracts in which fraud is proven are considered
illegal	price fixing agreements are
spoken	oral contracts are
a counteroffer	an offer is rejected by
offeror	the party who makes the offer is the
medical bill	a necessity
executed	a contract whose terms have been fully carried out is
an agreement	a contract must always be
unilateral contract	a contract which is based upon acts being done in consideration for a promise is called
implied contract	a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as
express contract	a contract in which the parties make known their intentions by words is
a joint and several contract	a contract which is written so that either party may consider it as a joint obligation or a group of individual obligations is
let the buyer beware	caveat emptor means
an acceptance	when a buyer takers actual possession of goods which have been offered for sale, this action is called
existing goods	goods which are owned by the seller and are physically in existence at the time of the contract are known as
identified goods	when the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as
fungible goods	goods of a homogenous nature which are sold by weight or measure are known as
gratuitous bailment	bailment in which the bailee does not receive any compensation is
bailee	reasonable care, under the circumstances, is a required standard in ordinary bailments by the
private carrier	a carrier owned by a shipper for the purpose of shipping its own goods is a
bill of lading	a document of title which sets forth the contract between the shipper and carrier is the
a pawn	the deposit of tangible personal property as security for some debt or obligation is
bailor	in a bailment, the person who retains title but gives up possession of the goods is the
goods offered without reserve	in an auction, goods which are offered for sale that cannot be withdrawn are classified as
common carrier	a carrier that transports goods or persons for a fee for all who apply for the services and without discrimination is called a
blank; qualified; and restrictive indorsements	indorsements of commercial paper include what
maker of the note	the person who signs a promissory note and is obligated to pay at maturity is the
a bond	a sealed written contract usually issued by a corp, a municipality, or a gov which contains a promise to pay a sum certain in money at a fixed or determinable future time is
a cashiers check	a check that a bank draws on its own funds and is signed by a responsible bank official but may be used by anyone to pay a debt is called
qualified indorsement	an indorsement which limits the liability of the endorser is called a
commission merchants	factors del credere are
appointment	the most common method of creating an agency is by
a broker	an individual who brings together contracting parties is called
an agent	the party appointed by another to act in his/her name in forming contracts with third parties is
principal	the party who appoints an agent is the
a factor	one who receives possession of another's property for sale on commission is
an attorney in fact	an agent that has been appointed by a sealed written authorization which states that the agent is to act in the principals behalf is
compensation	a principal owes which of the following duties to the agent
loyalty and good faith	an agent owes which of the following duties to his principal
death or incapacity of either principal or agent	an agency is terminated by operation of the law if what occurs
stock certificates	ownership of corp stocks is represented by
limited liability	an advantage to a corp is
bequest	a gift of personal property received through a will is a
an oral will	a nuncupative will is
an easement	the right that one person has to use the property of another for a special purpose is known as
a lien	a charge against anothers property as security for a debt or claim is
eminent domain	the power of gov to take a pvt property against the objection of the owner for a public purpose is
an encumbrance	a lien or mortgage against real property is
furniture	classified as moveable personal property
beneficiary	the person who receives the proceeds from an insurance policy is called the
a policy	a written insurance contract is
an endowment policy	a reducing term insurance policy plus savings account is called
a whole life policy	a life insurance policy in which premium payments continue to death or until age 100, whichever occurs first is
underwriter	another term for the insurer is
policy holder	the person protected against a loss is the
a premium	the consideration of an insurance policy is
church	in regards to the no-property theory, the dead body was under the control of the
police power	the power to adopt laws for the protection of the public is
replevin	an action to recover possession of property unlawfully detained is
corpse	the term synonymous to a dead body is
common law	the major source of mortuary law is
cadaver	a dead human body used for anatomical study is a
decomposition	the most positive sign of death is
never used in this country	the legal status of a dead human body known as the property theory is
almost property	quasi property means
decent burial	the law states that every person has a right to a
mutilation	embalming is a form of
an independent contractor	a trade embalmer acts as
necropsy	another term for autopsy is
disinterment	exhumation is a term for
private carrier	a funeral home's family car is considered a
wills	a probate court is concerned with
quasi property	a dead human body is said to be
is not property in a real sense	a dead human body
surviving spouse	as a rule, the right of decent disposal belongs to the
quasi property theory	with regard to the dead human body, the courts have adopted a
the inheritance statute	a surviving spouse may avoid being written out of a will by invoking
per stirpes	the method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as so many individuals is distribution
a devisee	a person receiving a gift of real estate in a will is
the wife	not considered to be consanguineous {borther, mother, and father are}
legatee	the person who is the beneficiary of personal property by a will is the
nuncupative will	an oral will stated to a witness is a
two or more legally competent persons	a contract is a legally enforceable agreement between
district attorney	another name for prosecutor is
it must appear to be seriously intended; and must be communicated to the offeree	the requirement for a valid offer includes what
there must be an offer and there must be acceptance	the two essential elements of a contract are
physical duress; emotional duress; and economic distress	duress is classified according to the nature of the threat as
holder in due course	parties who acquire rights superior to those of the original owner are known as
another state	a foreign corp is one that is chartered in
contracts for sales of 500 or more; contracts that cant be completed in one year	for certain contracts to be enforceable they must be in writing according to the statute of frauds. including:
the title and the item are transferred upon completion of the transaction	a sale is different from a contract to sell in that in a sale
from a previous contract	accord and satisfaction is an agreement made and executed in satisfaction of the rights one has
felony	a crime usually punishable by death or incarceration in a penitentiary for more than one year is a
punitive	damages in excess of those required to compensate the plaintiff for the wrong done are
domestic relations courts	courts that handle divorce and child custody cases are known as
crime	a punishable offense against society is defined as a
courts of original general jurisdiction	for the avg citizen, the most important courts of the state court system are the
several contract	a contract in which two or more people individually agree to perform the same obligation is called a
jurisdiction	the power of authority which each court has to hear cases is called
joint and several contract	a contract in which two or more persons are bound both jointly and individual is known as a
silent partner	a partner who takes no active part in the management of the business, but who possible may be known as a partner is a
juvenile courts	courts concerned with delinquent, dependent, and neglected children are called
whole life	a life insurance policy which continues until the dead of the insured is
special federal courts	courts that have exclusive jurisdiction of bankruptcy matters, claims against the US, and patent and copyright cases are defined as
trading partnership	a partnership engaged in the buying and selling of merchandise is
negligence	failure to exercise reasonable care toward another party is known as
replevin	an action to recover possession of property unlawfully detained is termed
malpractice	the failure to perform with ability and care normally exercised by people in the profession is known as
antitrust laws	laws designed to prevent one individual or group from controlling too large a share of the market for a product are called
private corporations	corps formed by individuals to perform some non governmental function are called
clerk	the recorder in state and federal courts is the
limited partnership	a partnership in which one partner's liability is limited to a capital contribution only is a
makers	persons who sign a promissory note and obligate themselves to pay at maturity are called the

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mortuary law and business law

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