Mortuary Law & Business Law

Negligence

A breach of the duty of care one individual has towards others; failure to exercise reasonable care

Slander

Defamation of character by spoken words or gestures

Perjury

False testimony or lying under oath

Real Property

Land, timber, minerals, buildings, and other manmade property permanently attached to land

Statute

Laws enacted by legislative bodies

Intangible Personal Property

Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks

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

Judge

The chief officer in the state court

Disaffirmance

The election to void a contract

Contract Rate

The maximum amount of interest that may be charged

Constructive Custody

The situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession

Novation

The substitution of a new party for the original party who is to perform

Lien

A claim or charge against real or personal property for payment of some debt; a charge against another's property as security for a debt or claim

Express Contract

A contract in which the parties make known their intention by words

Executory

A contract in which the terms have not been fully performed by all the parties is considered to be...

Joint and Several Contract

A contract in which two or more persons are bound both jointly and individually is considered to be a...

Formal

A contract under seal is considered to be...

Entity

A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a...

Administrator

A person appointed by the court to oversee the estate of an intestate

Bailor

A person who delivers personal property to another as a bailment

Bailee

A person who receives personal property from another as a bailment

Executor

A personal representative of the decedent appointed in the will to carry out the provisions of the will

Stare Decisis

A policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same

Durable Power of Attorney

A power of attorney that remains in effect after the disability or incapacity of the principal

Property

Anything that may be owned, possessed, used, or disposed of for a price

Case Law

Appellate court decisions based on custom and usage and prior decisions

Punitive Damages

Damages in excess of those required to compensate the plaintiff for the wrong done

Malpractice

Failure to perform a professional service with the ability and care generally exercised by others in the profession

Per Stirpes

The method of proportionately dividing an estate between beneficiaries according to their deceased ancestor's share; the method of dividing an intestate estate where a class or group of distributees take the share which the deceased should have been entitled to, and not as so many individuals

Stockholders

The owners of a corporation

Agent

The party appointed by another to act in his/her name in forming contracts with third parties

Plaintiff

The party who institutes a court action

Devisee

The person who receives a device

Beneficiary

The person who receives the proceeds from an insurance policy

Actual Custody

The physical possession of the dead human body or other property

Jurisdiction

The power or authority which each court has to hear cases

Dividends

The profits of a corporation belong to the corporation until set aside by the directors for distribution as...

Clerk

The recorder in state and federal courts

Board of Directors

The right to declare dividends depends upon the discretion of the...

Arraign

To read the charge of an indictment is to...

Forbearance

When one promises to refrain from doing something, his conduct is known as what

Bailment

A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract

Constitution

A document which defines the relationship of the government itself and of its citizens

Tangible Personal Property

Personal property which can be seen and touched

Agency

The contract between a principal and an agent creates a relationship that is called a...

Concealment

The failure to volunteer or reveal information not requested

Bailee

When a funeral director has the personal effects of a dead human body in his possession, he is properly termed a...

Statute of Limitations

When one party to a contract breaches it, the other party has the right to sue for breach of contract, but must exercise this right within the time fixed by the...

Custodian

When a funeral director has a dead human body in his care, he is properly termed a...

Intestate

When a person dies without a will

Negotiable Instruments

Written instruments drawn in a special form, which can be transferred from person to person as a substitute for money or as instruments of credit

Nuisance Per Se

acts, occupations or structures which ARE nuisances at all times and under all circumstances; it may be prejudicial to public morals, dangerous to life, or injurious to public rights

Check

A draft drawn on a bank and payable on demand

Appellate Court

A federal court of appeals is considered to be a...

Devise

A gift of real or personal property by will

Administrative Agency

A governmental body created by legislation empowered to make and enforce rules and regulations

Nuisance

A landowner's use of property which interferes with the public or another landowner's use of his property

Ordinance

A law passed by a local municipal governing body (e.g., zoning, building, safety, etc.); the law of city councils

Encumberance

A lien or mortgage against real property

Injunction

A permanent order, issued by a court, forbidding activities which would be detrimental to others

Abatement

A proportional reduction of a legacy under a will when the funds or assets out of which such legacy are payable are not sufficient to pay it in full

Ratification

A restatement of one's willingness to be bound by his promises made during minority

Bond

A sealed written contract usually by a corporation, a municipality, or a government which contains a promise to pay sum certain in money at a fixed or determinable future time

Restraining Order

A temporary order forbidding a certain action

Fiduciary

A term involving a relation of trust or confidence

Holographic Will

A will written entirely by the testator with his own hand

Policy

A written insurance contract

Nuisance in Fact

Acts, occupations or structures which are NOT nuisances per se, but may become nuisances by reason of the location or manner in which it is operated

Personal Property

All physical items that are not real property

Replevin

An action to recover possession of wrongfully withheld personal property

Codicil

An addition or modification of a will

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

Broker

An individual who brings together contracting parties

Qualified Indorsement

An indorsement which limits the liability of the indorser

District Attorney

Another name for a prosecutor

Juvenile Court

Courts concerned with delinquent, dependent, and neglected children; a court that is not a type of inferior state court

Domestic Relations Court

Courts that handle divorce and child custody cases are known as...

Common Law

Customs which have come to be recognized by the courts as law (common law is based on customs)

Fraud

One who induces another to enter into a contract as a result of an intentional or recklessly false statement of a material fact is considered to be guilty of...

Factor

One who receives possession of another's property for sale on commission

Spoken Words

Parole evidence is...

Equity

What is right and just

Consideration

Whatever the promisor demands and receives as the price for his promise

Acceptance

When a buyer takes actual possession of goods, which have been offered for sale this action is referred to as an...

Offeree

You receive an offer in the mail containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is placed in the mail by the...

Probate

The filing and proving of the will following death is called...

Custodian

Status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition

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

Probate Court

The court having sole jurisdiction over estates

Compensatory Damages

The damages awarded to an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss

Ademption

The extinction or withdrawal of a device because decedent did not own the named property at the time of death/The extinction or withdrawal of a legacy by an act equivalent to revocation

State Supreme Court

The highest court of a state

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

Existing Goods

Goods which are owned by the seller and are physically in existence at the time of the contract

Anti Trust Laws

Laws that are designed to protect or prevent any individual from controlling a large share of a market or products

Assignment

The means whereby one party conveys his rights in contract to another who is not a party to the original contract

Per Capita

The 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 of kindred to the decedent

Administrative Law

The rules and regulations created by federal and state administrative agencies (e.g., OSHA, FTC, state board rules and regulations)

Statute of Frauds

The statute listing certain classes of contracts which must be in writing to be enforceable