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
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…
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…
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…
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…
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…
92 terms
funeral law 2 midterm review
List 3 Federal agencies which have ena…
Zoning laws fall under which source of…
Define Preemption.
Define police powers as it refers to s…
-Federal Trade Commission... -Occupational Safety and Health Ad…
• Ordinances (county/city law)
•Dictates that if a dispute exists between state and federal…
• Legislative bodies (federal and state) create statutes that…
List 3 Federal agencies which have ena…
-Federal Trade Commission... -Occupational Safety and Health Ad…
Zoning laws fall under which source of…
• Ordinances (county/city law)
30 terms
Funeral Service Law MATS
Which represents an example of a signe…
The two primary benefits of "pre-need"…
The Federal Trade Commission does NOT…
The FTC's "cooling off" regulation for…
embalming authorization
Economic and personal.
A disclaimer.
...
Which represents an example of a signe…
embalming authorization
The two primary benefits of "pre-need"…
Economic and personal.
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.
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.
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…
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
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…
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
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
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'…
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…
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…
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
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.
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
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
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…
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
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…
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
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…
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?
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…
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.
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…
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…
24 terms
Funeral Law Chapter. 1
Funeral Law consists of?
Does Funeral laws Provide rights and p…
Who are are principle regulators of th…
State legislatures enact what?
rules and principles that society has established for the han…
yes
States
laws and statutes.
Funeral Law consists of?
rules and principles that society has established for the han…
Does Funeral laws Provide rights and p…
yes
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
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
31 terms
Funeral law Ch. 3
Once you take possession of a body, yo…
Can the people who grant us rights to…
Right of custody?
Actual possession (of the body)
ertain rights and responsibilities granted and imposed by law…
yes
Actual possession... Constructive possession
Physically within custody of person... Actual NoK or legally au…
Once you take possession of a body, yo…
ertain rights and responsibilities granted and imposed by law…
Can the people who grant us rights to…
yes
93 terms
PA Funeral Law
Student Trainee
ACT
bureau
commissioner
* 2 years of college/liberal arts (or integrated course of st…
FUNERAL DIRETOR LAW- which regulates the licensure of persons…
bear of professional and occupational affrairs
commissioner of professional and occupational affairs of depa…
Student Trainee
* 2 years of college/liberal arts (or integrated course of st…
ACT
FUNERAL DIRETOR LAW- which regulates the licensure of persons…
26 terms
Funeral law ch. 4
Do most states have an iron-clad rule?
Problem with determining who is NoK now?
General Hierarchy
When in doubt?
no
there can be and there are so many exceptions.
▫Surviving spouse... ▫Biological or Adopted Children of the dec…
let the court
Do most states have an iron-clad rule?
no
Problem with determining who is NoK now?
there can be and there are so many exceptions.
31 terms
Funeral Law Ch. 2
Dead body AKA?
Dead body?
3 conditions to be defined as a dead b…
When is rreversible cessation of all f…
Corpse
Body of a human being deprived of life but not yet entirely d…
Must be a human being... Must be devoid of life... Not entirely dis…
For medical and legal purposes
Dead body AKA?
Corpse
Dead body?
Body of a human being deprived of life but not yet entirely d…
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
84 terms
Florida Funeral Law Vocabulary
Alternative Container
At-Need Solicitation
Below ground crypts
Funeral goods/burial merchandise
Unfinished wood box or other nonmetal receptacle or enclosure…
Any uninvited contact by a licensee or his or her agent for t…
Interment space in preplaced chambers, either side by side or…
Any personal property offered or sold by any person for use i…
Alternative Container
Unfinished wood box or other nonmetal receptacle or enclosure…
At-Need Solicitation
Any uninvited contact by a licensee or his or her agent for t…
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.
134 terms
funeral service law vocabulary
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 head human body
the extinction of 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 head human body
128 terms
funeral service law vocabulary
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 head human body
the extinction of 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 head human body
FUNERAL LAW: CEMETERIES & DISINTERNMENT
CEMETERIES
*CAN WE HAVE A CEMETERY ANYWHERE WE PL…
CEMETERIES
EMINENT DOMAIN
-The American Heritage Dictionary defines a cemetery as *"A p…
-The answer is obviously NO!... -Each jurisdiction has requirem…
Obviously cemeteries are a necessary item for a community ... Ma…
EMINENT DOMAIN-the inherent power of a government to take p…
CEMETERIES
-The American Heritage Dictionary defines a cemetery as *"A p…
*CAN WE HAVE A CEMETERY ANYWHERE WE PL…
-The answer is obviously NO!... -Each jurisdiction has requirem…
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