Law & Ethics Study Guide #4
About this set
Created by:
irbravox2 on April 4, 2011
Subjects:
law review #4, pgs. 20-84, irbravox2, isla bravo, mesa community mortuary science, thomas taggart, funeral service, mortuary
Description:
Law Review #4, Pgs. 20-84, irbravox2, isla bravo, Mesa Community Mortuary science, Thomas Taggart, Funeral service, mortuary
Classes:
MCC_MSP 2011-2012, Mesa Community College Mortuary Science 2010-2011
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57 terms
Terms | Definitions |
|---|---|
 The reduction of a dead human body to inorganic bone fragments by intense heat by specifically designed retort or chamber is | Cremation |
| Get signed by all who may have any say in the disposition of the deceased even if they do not have primary right. | Authorizations |
| _______________ is the single most serious civil misdeed that a funeral home can commit. | Cremation of the wrong body |
| To prevent cremation of the wrong body, _________________ is of the utmost importance. | positive identification |
| To protect the Funeral home from Liability, it is imperative that the Funeral director obtain __________ to cremate the body. | written authorization |
| One of the claims made in recent cases on cremation liability, is that the surviving spouse or next of kin did not give __________. | informed consent |
| The __________ is up to the family and in accordance with the law if any. | disposition of cremated remains |
| Do not throw away, dump, discard, or scatter | But store unclaimed cremated remains. |
| Cremation of the wrong body, wrong cremated remains returned to the family is considered a __________. | tort |
| One of the unethical practices that has been the subject of many cremation liability cases is __________ of cremated remains. | comingling |
| The proving of a will is called ___________. | probate |
| A legal document directing how real and personal property should be distributed after the death of a person making the document is a ______. | will |
| While all states have their own laws describing the requirements of a valid will most include | testamentary capacity; freedom from duress, fraud, undue influence; be in writing; and have witnesses. ALL OF THE ABOVE! |
| Reference to mental and physical mental condition refers to the physical and mental condition of the person making the will | testamentary capacity. |
| Legal age varies from | state to state. |
| A will written completely in the maker's handwriting, and then signed and dated is a | holographic will. |
| An oral will is a | nuncupative will. |
| In those states in which it is permitted, it is valid if only made only during the maker's final Illness and in the presence of witnesses | an oral will. |
| One type of special will that is made by a person of active duty in the armed forces that may be oral or written is a | Soldiers and Sailors Will. |
| Like a valid contract, a valid will must always be for a | legal purpose. |
| A valid will must normally be __________, an exception to these requirements is the Nuncupative. | in writing |
| To be valid a will must be signed by the | testator. |
| In most states, a will must be signed in the presence of | 2 or 3 witnesses. |
| A will written entirely in the Testator's own hand is a | holographic will. |
| A Soldiers and Sailors Will is a nuncupative will, informal in nature in which the soldier in the field or sailor at sea may | dispose of personal property only. |
| The cancellation of an instrument, act, license, or promise | revocation |
| Additions or corrections to a will | Amendments |
| The revocation of a will may occur by | the act of testator, operation of law, codicil - all of these! |
| An addition or amendment of a last will and testament executed with the same formality of the will | codicil |
| 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 |
| The extinction or withdrawal of an inheritance because the decedent did not own the property at the time of death | ad emption |
| The state or condition of dying without having made a will | intestate |
| Order of intestate succession | surviving spouse, children, surviving parents |
| A 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 to the decedent | per capita |
| The method of dividing where a class or group of descendents take the share which their deceased would have been entitled to, had their deceased survived | per stirpes |
| Forfeiture of a decedent's property to the state in the absence of heirs | escheat |
| A man appointed in the will to carry out the provisions thereof and settle the estate | Executor |
| A man appointed by the court to settle the estate | Administrator |
| Duties of the personal representative have | to inventory the estate, file and pay decedent's taxes, and pay claims - all of these! |
| One who inherits | heir |
| One who inherits personal property under a will | Legatee |
| One who inherits real estate under a will | Devisee |
| A gift of personal property by a will | Legacy or Bequest |
| A gift of real estate under a will | Devise |
| Insolvent estate (state statute controls priority of claims) - usual priority of claims: | 1. Funeral expenses 2. Administrative expenses 3. Taxes 4. Last illness |
| An instrument in writing authorizing one person to act as agent for another | power of attorney |
| Power of Attorney may be: | general, springing, durable - all of these! |
| An instrument in writing authorizing one person to do anything for the principal | General Power of Attorney |
| 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 |
| Exists when a 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 |
| 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 Living Will |
| A federal statute that governs express and implied warranties | Magnuson-Moss Warranty Act |
| Generally, the purpose of the employment provisions of the __________ prohibits employers from discriminating against disabled individuals. | Americans with Disabilities Act (ADA) |
| Funeral homes with 15 or more employees fall under the coverage of employment | related provisions of the ADA. |
| Under the __________ of the OSHA, the employer must furnish each employee with employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees. | General Duty Clause |
| Training records, under the Bloodborne Pathogen Standard, must be kept for __________ from the date of training. | three years |
| The Fair Labor Standard Act (FLSA) covers which of the following areas of employment law that are important to funeral service | minimum wage, overtime compensation, and equal pay - all of these! |
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