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Study sets matching "funeral law"

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Study sets matching "funeral law"

159 terms
Funeral Law
What laws are still considered to be s…
The court of _____ is one that has the…
What legal status of a dead human body…
Which of these criteria demonstrate th…
Napoleonic Code
Equity
Quasi-Property Theory
Not yet totally disintegrated.
What laws are still considered to be s…
Napoleonic Code
The court of _____ is one that has the…
Equity
134 terms
Funeral Service Law - Funeral Law
Abatement
Acutal Custody of the Body
Ademption
Administrative Agency
a proportional reduction of a legacy under a will when assets…
the physical possession of the dead human body.
the extinction or withdrawal of a legacy under a will by an a…
an appointed governmental body charged with implementing part…
Abatement
a proportional reduction of a legacy under a will when assets…
Acutal Custody of the Body
the physical possession of the dead human body.
25 terms
Funeral Law
True
True
1970
True
As a service industry, funeral homes are exempt from OSHA's b…
The purpose of Title V and the regulations that issued to imp…
Congress enacted OSHA in_______.
The GLB Act only covers financial institutions that are invol…
True
As a service industry, funeral homes are exempt from OSHA's b…
True
The purpose of Title V and the regulations that issued to imp…
19 terms
Funeral Law
Will
Testator
Probate Court
Bequest
Written disposition of property, real or personal, to take ef…
person who dies leaving a valid will
court having sole jurisdiction over the estate
gift of personal property received through a will
Will
Written disposition of property, real or personal, to take ef…
Testator
person who dies leaving a valid will
52 terms
Funeral law
Abatement
Escheat
Stare decisis
Quasi contract
A proportional reduction of legacy under a will when assets o…
Forfeiture of a decedent's property to the state in the absen…
A policy of courts to stand by a precedent and apply it to al…
A fictional contract created or implied by a court for a pers…
Abatement
A proportional reduction of legacy under a will when assets o…
Escheat
Forfeiture of a decedent's property to the state in the absen…
10 terms
Funeral Law
Durable Power of Attorney
Embalmer
Final Disposition
Insolvent Estate
A legal agreement that allows an agent or representative of t…
A person, properly licensed, who disinfects, preserves, or re…
the conclusive performance of services with respect to the de…
The condition of the estate of a deceased person which is una…
Durable Power of Attorney
A legal agreement that allows an agent or representative of t…
Embalmer
A person, properly licensed, who disinfects, preserves, or re…
FUNERAL LAW- DUTY OF THE FUNERAL DIRECTOR
DUTY OF THE FUNERAL DIRECTOR
*STATUTORY DUTIES OF THE FUNERAL DIREC…
*FUNERAL DIRECTORS MUST BE CONCERNED W…
HEALTH REGULATIONS MAY REQUIRE...
-As we know the funeral director cares for the deceased human…
The first of these duties is to obtain permits... -Typically…
-These laws and regulations pertain to the art and science of…
-Any health regulations may require embalming if the deceased…
DUTY OF THE FUNERAL DIRECTOR
-As we know the funeral director cares for the deceased human…
*STATUTORY DUTIES OF THE FUNERAL DIREC…
The first of these duties is to obtain permits... -Typically…
45 terms
Funeral law probate law
the condition of leaving a will at death
a man who makes a valid will
a woman who makes a valid will
oral will declared or dictated by test…
testate
testator
testatrix
nuncupative will
the condition of leaving a will at death
testate
a man who makes a valid will
testator
81 terms
Funeral Service Law
Abated
Abatement
Ademption
Administrative agencies
to stop or to end
a proportional reduction of a legacy under a will when assets…
the extinction or withdrawal of an inheritance because decede…
an appointed governmental body, charged with implementing par…
Abated
to stop or to end
Abatement
a proportional reduction of a legacy under a will when assets…
29 terms
Funeral Law Vocab
administrator/administratrix
Estate
Intestate
Testate
The man/woman who is appointed by the court to settle the est…
The property of a deceased person, both real and/or personal.
The state or condition of dying without having made a will.
The condition of leaving a will at death.
administrator/administratrix
The man/woman who is appointed by the court to settle the est…
Estate
The property of a deceased person, both real and/or personal.
21 terms
Funeral Service Law MATS
...
Economic and personal.
A disclaimer.
...
Which represents an example of a signed agreement of an oral…
The two primary benefits of "pre-need" funeral arrangements a…
The Federal Trade Commission does NOT require:
The FTC's "cooling off" regulation for door to door sales mos…
...
Which represents an example of a signed agreement of an oral…
Economic and personal.
The two primary benefits of "pre-need" funeral arrangements a…
135 terms
Funeral Service Law - Glossary
Abatement
actual custody of the body
ademption
administrative agency
a proportional reduction of a legacy under a will when assets…
the physical possession of the dead human body
the extinction or withdrawal of an inheritance because decede…
a governmental body created by legislation empowered to regul…
Abatement
a proportional reduction of a legacy under a will when assets…
actual custody of the body
the physical possession of the dead human body
125 terms
Funeral Service Law Glossary
Proportional reduction of a legacy und…
Physical possession of the dead human…
Extinction or withdrawal of an inherit…
Governmental body created by legislati…
Abatement
Actual Custody of the Body
Ademption
Administrative Agency
Proportional reduction of a legacy und…
Abatement
Physical possession of the dead human…
Actual Custody of the Body
311 terms
Business and Funeral Law
Abatement
Acceptance
Accord and Satisfaction
Actual custody
a proportional reduction of a legacy under a will when assets…
an agreement to an offer resulting in a contract.
an agreement made and executed in satisfaction of the rights…
the physical possession of the dead human body or other prope…
Abatement
a proportional reduction of a legacy under a will when assets…
Acceptance
an agreement to an offer resulting in a contract.
10 terms
Funeral Service Law
3 sources of law
Constitution
Statutory
Court decisions
Constitution, statutory, court decisions
creates gov, responsible for what fed and state govs can/can'…
legislation created by Congress, passes statutes
judiciary branch, determines what happened and how to apply t…
3 sources of law
Constitution, statutory, court decisions
Constitution
creates gov, responsible for what fed and state govs can/can'…
13 terms
Business & Funeral Law Unit 4
Bailment
Bailor
Bailee
Bailment for the sole benefit of the b…
The transfer of possession, but not the title, of personal pr…
Owner of the property
Accepts possession of the property but not the title
When funeral home takes possession of personal property of th…
Bailment
The transfer of possession, but not the title, of personal pr…
Bailor
Owner of the property
39 terms
Business & Funeral Law Unit 2
Express contract
Implied contract
Formal contract
Contract under seal
The parties express their intentions by words at the time the…
The duties and obligations that the parties assume are not ex…
Must be in a special form or be created in a certain way.
Most commonly word "Seal" or "L.S."
Express contract
The parties express their intentions by words at the time the…
Implied contract
The duties and obligations that the parties assume are not ex…
148 terms
Funeral Service Law Glossary
Abatement
Actual custody
Ademption
Administrative agency
a proportional reduction of a legacy under a will when assets…
the physical possession of the dead human body or other prope…
the extinction or withdrawal of an inheritance because decede…
a governmental body created by legislation empowered to regul…
Abatement
a proportional reduction of a legacy under a will when assets…
Actual custody
the physical possession of the dead human body or other prope…
97 terms
Funeral service law 2
Abatement
Ademption
Administrator/ Administratrix
Bequest/legacy
A proportional reduction of a legacy under a will when assets…
The extinction or withdrawal of an inheritance because decede…
the man/woman who is appointed by the court to settle the est…
A gift of personal property by Will
Abatement
A proportional reduction of a legacy under a will when assets…
Ademption
The extinction or withdrawal of an inheritance because decede…
55 terms
Funeral Law Exam 3
Misrepresentation is ___ type of fraud
Who is the only person that can sell l…
Holding a knife to someone's throat is…
Silence can constitute _____ fraud
active
A licensed life insurance agent
Physical Duress
Passive
Misrepresentation is ___ type of fraud
active
Who is the only person that can sell l…
A licensed life insurance agent
36 terms
Funeral Law Test 2
What are the duties of a funeral direc…
What are the sources of the various du…
What are two common statutory duties?
Give an example of permits a funeral d…
Carry out the preparation of the body and the direction of th…
The funeral contract, the statutory laws of the state, and th…
obtaining permits and adhering to the health laws and regulat…
death certificate, burial permit and transit permit.
What are the duties of a funeral direc…
Carry out the preparation of the body and the direction of th…
What are the sources of the various du…
The funeral contract, the statutory laws of the state, and th…
150 terms
FUNERAL LAW TERMINOLOGY
ABATEMENT
ACTUAL CUSTODY OF THE BODY
ADEMPTION
ADMINISTRATIVE AGENCY
-a proportional reduction of a legacy under a will when asset…
- the physical possession of the dead human... body.
- the extinction or withdrawal of an inheritance because... dece…
- a governmental body created by legislation empowered to reg…
ABATEMENT
-a proportional reduction of a legacy under a will when asset…
ACTUAL CUSTODY OF THE BODY
- the physical possession of the dead human... body.
150 terms
FUNERAL LAW TERMS:
ABATEMENT
ACTUAL CUSTODY OF THE BODY
ADEMPTION
ADMINISTRATIVE AGENCY
-a proportional reduction of a legacy under a will when asset…
- the physical possession of the dead human body.
- the extinction or withdrawal of an inheritance because... dece…
- a governmental body created by legislation empowered to reg…
ABATEMENT
-a proportional reduction of a legacy under a will when asset…
ACTUAL CUSTODY OF THE BODY
- the physical possession of the dead human body.
52 terms
Funeral Law Exam 2
Each state has how many court systems?
What is the location the trial is held?
The power of authority of court to hea…
Long arm statute
2
Venue
Jurisdiction
Laws that have been made that allow courts of one state to ha…
Each state has how many court systems?
2
What is the location the trial is held?
Venue
357 terms
FSE2932 Funeral Law
Abatement
Actual custody of the body
Ademption
Administrative agency
A proportional reduction of a legacy under a will when assets…
The physical possession of the dead human body
The extinction or withdrawal of an inheritance because decede…
A governmental body created by legislation empowered to regul…
Abatement
A proportional reduction of a legacy under a will when assets…
Actual custody of the body
The physical possession of the dead human body
20 terms
Business and Funeral Law Unit 5
Promissory note
Certificate of Deposit
Maker
Payee
Unconditional promise in writing made by one person to anothe…
An acknowledgment by a bank that a sum of money has been rece…
Person who executes a note
Party to whom an instrument is payable
Promissory note
Unconditional promise in writing made by one person to anothe…
Certificate of Deposit
An acknowledgment by a bank that a sum of money has been rece…
21 terms
Business & Funeral Law Unit 7
Sole Proprietorship
General
Silent
Secret
simplest and most common form of business ownership; receives…
actively and openly engaged in business
has not part in the firm
active partner but unknown to the public
Sole Proprietorship
simplest and most common form of business ownership; receives…
General
actively and openly engaged in business
228 terms
NC Funeral Law Exam
Four members of the Board of Funeral S…
Every NC Burial association with asset…
A certificate of cremation is not requ…
State funeral law mandates that at lea…
The North Carolina Funeral Directors Association.
$1,000 and $10,000.
The name of the spouse or the next-of-kin.
Smock and protective gloves.
Four members of the Board of Funeral S…
The North Carolina Funeral Directors Association.
Every NC Burial association with asset…
$1,000 and $10,000.
22 terms
Funeral Law Contracts
Executed
Executory
Offeree
Offeror
one that has been fully performed by all parties to the contr…
one in which the terms have not been fully carried out by all…
the person to whom the offer is made
the person who makes the offer
Executed
one that has been fully performed by all parties to the contr…
Executory
one in which the terms have not been fully carried out by all…
100 terms
Funeral Service Law
Administrative Law
What is the supreme law of the United…
Define "Law"
The doctrine of ____ _____ is concerne…
Orders and decrees from government agencies which have the fo…
The Constitution
Rules of civil conduct commanding what is right and prohibiti…
stare decisis
Administrative Law
Orders and decrees from government agencies which have the fo…
What is the supreme law of the United…
The Constitution
100 terms
MO Funeral Law 1
In lieu of passing MO exam, what can b…
Mortuary schools must be accredited by
must have graduated within last ______…
For embalming apprenticeship, ____ tim…
The Conference
ABFSE
5
full, 12, 30
In lieu of passing MO exam, what can b…
The Conference
Mortuary schools must be accredited by
ABFSE
64 terms
Funeral Law Test 2
March 31st
5 Credit hrs
Courtesy Card
Credit hours, Directors License
When does funeral directors license expire.
How many hrs of continuing education does a funeral director…
Is a card issued by board which grants limited and restricted…
Has the same expiration dates.
March 31st
When does funeral directors license expire.
5 Credit hrs
How many hrs of continuing education does a funeral director…
134 terms
Comp Review for Funeral Law
Outrageous Act
Probate Court
Quasi -property Theory
Disinterment (Exhumation)
an act with complete disregard for proper conduct which trans…
a court having jurisdiction over a deceased's estate
the accepted theory of the legal status of a dead human body;…
the removal of a human remains form previous location of fina…
Outrageous Act
an act with complete disregard for proper conduct which trans…
Probate Court
a court having jurisdiction over a deceased's estate
134 terms
Comp Review for Funeral Law
Outrageous Act
Probate Court
Quasi -property Theory
Disinterment (Exhumation)
an act with complete disregard for proper conduct which trans…
a court having jurisdiction over a deceased's estate
the accepted theory of the legal status of a dead human body;…
the removal of a human remains form previous location of fina…
Outrageous Act
an act with complete disregard for proper conduct which trans…
Probate Court
a court having jurisdiction over a deceased's estate
20 terms
Business & Funeral Law Unit 1
Law
Common law
The historical foundation of United St…
Criminal law
Those rules of conduct commanding what is right and prohibiti…
Customs which have become recognized by the courts as binding…
Common law
Laws dealing with crimes and the punishment of wrongdoers.
Law
Those rules of conduct commanding what is right and prohibiti…
Common law
Customs which have become recognized by the courts as binding…
24 terms
Funeral Law Ch. 5
What legal and contractual responsibil…
What are some things we need to arrang…
Major part to statutory duties?
Why are statutory duties held?
Statutory Laws... Funeral Contract... Common Law
Death Certificate... Burial Transit Permit... Cremation Authoriza…
permits... Health law and regulations
protect the health of the public.
What legal and contractual responsibil…
Statutory Laws... Funeral Contract... Common Law
What are some things we need to arrang…
Death Certificate... Burial Transit Permit... Cremation Authoriza…
200 terms
Funeral Service Law Compend
When a funeral director has a dead hum…
When a funeral director has the person…
A person appointed by the court to ove…
A personal representative of the deced…
Custodian
Bailee
Administrator
Executor
When a funeral director has a dead hum…
Custodian
When a funeral director has the person…
Bailee
17 terms
Kentucky Funeral Service Law
Apprentice
Board
Direct Burial
Embalmer
A person engaged in learning the practice of embalming or fun…
Means the Kentucky Board of Embalmers and Funeral Directors.
The pick-up, transport, and interment of a dead human body or…
A person who preserves, restores, and disinfects dead human b…
Apprentice
A person engaged in learning the practice of embalming or fun…
Board
Means the Kentucky Board of Embalmers and Funeral Directors.
248 terms
Florida Funeral Law
Readily combustible, able to be comple…
Decedent prior to death, person named…
All 5
Anyone in the funeral business
5 standards which a cremation container must meet
List the priority by which persons may be the legally authori…
If a decedent had 5 children and no surviving spouse, how man…
To whom may a refrigeration facility offer its services?
Readily combustible, able to be comple…
5 standards which a cremation container must meet
Decedent prior to death, person named…
List the priority by which persons may be the legally authori…
121 terms
Florida Funeral Law
All cemeteries must abide by these rul…
All cemeteries must abide by these rul…
What investigations and mediation proc…
Can a cemetery deny space because of r…
Religious cemeteries with less then 5 acres & only single dep…
Columbarium of less then 1/2 acre owned by a religious group…
1.) make every effort to resolve the complaint... 2.) if not res…
No
All cemeteries must abide by these rul…
Religious cemeteries with less then 5 acres & only single dep…
All cemeteries must abide by these rul…
Columbarium of less then 1/2 acre owned by a religious group…
26 terms
Business & Funeral Law Unit 3
Uniform Commercial Code
Contract law
Sale
Contract to Sell
Applies to personal property
Applies to circumstances not covered by the UCC
The transfer of title or ownership of identified good from th…
The seller agrees to transfer ownership of goods to the buyer…
Uniform Commercial Code
Applies to personal property
Contract law
Applies to circumstances not covered by the UCC
22 terms
Funeral Service Law and Ethics
brain death
clinical death/ legal death
Common Law
liability
total and irreversible cessation of brain function as indicat…
the absence of all vital signs
the body of law developed in England primarily from judicial…
responsibility for wrongful acts
brain death
total and irreversible cessation of brain function as indicat…
clinical death/ legal death
the absence of all vital signs
37 terms
Funeral Service Law
Methods of disposition
Dead body
Quasi property
Beneficiary
In ground burial, cremation, donation, burial at sea, entombm…
Body of a human being; must be without life; not entirely dis…
legal concept, in which some rights similar to ownership may…
a person who derives advantage from something, especially a t…
Methods of disposition
In ground burial, cremation, donation, burial at sea, entombm…
Dead body
Body of a human being; must be without life; not entirely dis…
200 terms
Funeral Service Law Compend
When a funeral director has a dead hum…
When a funeral director has the person…
A person appointed by the court to ove…
A personal representative of the deced…
Custodian
Bailee
Administrator
Executor
When a funeral director has a dead hum…
Custodian
When a funeral director has the person…
Bailee
71 terms
Funeral Law Final Review
True
True
1970
True
As a service industry, funeral homes are exempt from OSHA's b…
The purpose of Title V and the regulations that have been iss…
Congress enacted OSHA in______.
The GLB Act only covers financial institutions that are invol…
True
As a service industry, funeral homes are exempt from OSHA's b…
True
The purpose of Title V and the regulations that have been iss…
51 terms
Missouri Funeral Law
Funeral Establishment
Practice of Embalming
Preneed Agent
True
A building, place or premises devoted to or used in the care…
The work of preserving, disinfecting, and preparing by arteri…
Any person authorized to sell a preneed contract for or on be…
T/F: Must be licensed to practice embalming
Funeral Establishment
A building, place or premises devoted to or used in the care…
Practice of Embalming
The work of preserving, disinfecting, and preparing by arteri…
Funeral Services Ethics and Law
Funeral Law
State Law
Police Power
Individual seeking to hold themselves…
Funeral law consist of rules and principles that society has…
The states are the principal regulators of the funeral profes…
The police power empowers the state legislator to enact laws…
Must achieve a certain education level, undergo specialized t…
Funeral Law
Funeral law consist of rules and principles that society has…
State Law
The states are the principal regulators of the funeral profes…
125 terms
Funeral Service Law Glossary
Proportional reduction of a legacy und…
Physical possession of the dead human…
Extinction or withdrawal of an inherit…
Governmental body created by legislati…
Abatement
Actual Custody of the Body
Ademption
Administrative Agency
Proportional reduction of a legacy und…
Abatement
Physical possession of the dead human…
Actual Custody of the Body
38 terms
Funeral Law D-I
deed
deed of trust
defendant
disaffirmance
writing conveying title to real property
deed that transfers property to trustee for benefit of creditor
the person against whom legal action is brought.
the repudiation of, or election to avoid, a voidable contract.
deed
writing conveying title to real property
deed of trust
deed that transfers property to trustee for benefit of creditor
146 terms
Florida Funeral Law II
Protect the right to make decisions re…
Anyone in the funeral business
$5
10 years
Purposes of Chapter 497
To whom may a refrigeration facility offer its services?
What is the amount of the fee imposed upon initial licensure…
How many years prior to an application, must an applicant hav…
Protect the right to make decisions re…
Purposes of Chapter 497
Anyone in the funeral business
To whom may a refrigeration facility offer its services?
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