Term
The party appointed by the principal to enter into a contract with a third party on behalf of the principal. |
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Definition
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Term
Laws which seek to promote competition among businesses. |
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Definition
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Term
A means whereby one party in a contract conveys rights to another party, who is not a party to the original contract. |
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Definition
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Term
The party to whom the assignment is made. |
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Definition
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Term
The party making the assignment. |
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Definition
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Term
The party who acquires possession, but not the title, of another’s personal property, under agreement. |
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Definition
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Term
The transfer of possession, but not the title of another’s personal property, under agreement. |
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Definition
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Term
The party who gives up possession, but not the title, of personal property in a bailment. |
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Definition
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Term
A contract which consists of mutual promises to perform future acts. |
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Definition
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Term
A body of persons elected by the stockholders to define and establish corporate policy. |
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Definition
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Term
A check drawn on a bank’s own funds and signed by a responsible bank official. |
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Definition
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Term
A check for which the bank assures that the drawer has sufficient funds to make payment. |
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Definition
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Term
A corporation in which outstanding shares of stock and managerial control are held by a limited number of people (often members of the same family). |
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Definition
Close (closely held) corporation |
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Term
The body of law deriving from judicial decisions, rather than from statutes or constitutions. |
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Definition
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Term
The bargained-for exchange in a contract. |
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Definition
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Term
One who receives goods shipped by common carrier. |
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Definition
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Term
One who ships goods by common carrier. |
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Definition
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Term
A business entity created by statutory law and owned by individuals known as stockholders. |
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Definition
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Term
A change to an original offer that in effect, rejects that offer and becomes a new offer. |
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Definition
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Term
A third party beneficiary owed a debt by a party to a contract. |
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Definition
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Term
Transfer of contractual duties to a third party. |
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Definition
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Term
Election to avoid a voidable contract. |
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Definition
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Term
The formal and informal exchange of information between sides in a lawsuit. |
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Definition
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Term
A corporation that operates in the state that granted the charter. |
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Definition
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Term
A written order by one person directing another to pay a sum of money, to a third person. |
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Definition
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Term
The person, company or financial institution ordered to pay a draft. |
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Definition
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Term
The person who executes any draft. |
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Definition
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Term
A contract in which the terms have not been completely executed or fulfilled. |
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Definition
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Term
A contract in which the parties express their intentions, either verbally or in writing, at the time of the agreement. |
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Definition
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Term
The actual and definite statement of a seller, either verbally or in writing, at the time of the sale. |
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Definition
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Term
The broadest form of ownership in real property. |
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Definition
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Term
Serious criminal offense punishable by imprisonment for more than one year or death. |
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Definition
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Term
A person in relationship of trust and confidence. |
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Definition
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Term
A corporation that operates in a state other than where it is chartered. |
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Definition
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Term
A contract in which the terms of the contract are implied by acts or conduct of the parties. |
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Definition
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Term
A warranty imposed by law, arising automatically because the sale has been made. |
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Definition
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Term
Named holder of indorsed negotiable instrument. |
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Definition
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Term
Signature of holder on the back of a negotiable instrument, with any directions or limitations. |
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Definition
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Term
Person who signs his or her name on back of an instrument. |
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Definition
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Term
A judicial order or decree forbidding certain conduct. |
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Definition
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Term
Governmental rule prescribing conduct and carrying a penalty for violation. |
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Definition
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Term
Interest in real property for duration of a person’s life. |
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Definition
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Term
Damages stipulated in a contract to be paid in the event of a breach. |
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Definition
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Term
The party who executes a promissory note. |
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Definition
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Term
A less serious crime punishable by fine and/or imprisonment of less than 1 year. |
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Definition
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Term
A writing drawn in a special form which can be transferred as a substitute for money or as an instrument of credit. |
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Definition
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Term
Small amount of damages awarded when there is a technical breach but no injury. |
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Definition
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Term
The substitution of a new party for one of the original parties to a contract, such that the prior contract terminates and a new one substitutes for it. |
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Definition
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Term
The party to whom an offer is made. |
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Definition
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Term
The party who initiates or makes an offer. |
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Definition
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Term
The party to whom a negotiable instrument is made payable. |
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Definition
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Term
All property which is not real property. |
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Definition
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Term
A party who appoints another to serve as an agent. |
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Definition
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Term
A corporation formed to carry out some non-governmental function. |
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Definition
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Term
An equitable doctrine that prevents the promisor from revoking the promise when the promisee justifiably acts in reliance upon the promise to his or her detriment. |
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Definition
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Term
A corporation formed to carry out government functions. |
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Definition
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Term
An indorsement which limits the liability of the indorser. |
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Definition
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Term
A contract created or implied by law to prevent unjust enrichment. |
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Definition
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Term
Approving an act which was executed without authority; electing to be bound by a voidable contract. |
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Definition
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Term
Land and those objects permanently attached to land. |
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Definition
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Term
Indorsement that restricts use of a negotiable instrument. |
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Definition
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Term
Federal legislation intended to promote competition among businesses by prohibiting restraint of trade. |
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Definition
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Term
One authorized by the principal to execute specific act(s). |
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Definition
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Term
An indorsement which designates the particular person to whom payment is to be made. |
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Definition
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Term
A remedy by which the court requires the breaching party to perform the contract. |
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Definition
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Term
Law requiring certain contracts be in writing to be enforceable. |
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Definition
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Term
Laws which are enacted by legislative bodies. |
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Definition
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Term
A private or civil wrong against a person or his or her property, other than by breach of contract, for which there may be action for damages. |
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Definition
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Term
Model act that includes provisions concerning certain sales of goods and negotiable instruments. |
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Definition
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Term
A contract formed when an act is done in consideration for a promise. |
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Definition
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Term
Exceeding the maximum rate of interest which may be charged on loans. |
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Definition
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Term
A corporation that is incorporated in a foreign country. |
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Definition
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Term
A proportional reduction of a devise when estate assets are not sufficient to pay it in full. |
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Definition
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Term
The physical possession of the dead human body or other property. |
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Definition
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Term
The extinction or withdrawal of a devise because decedent did not own the named property at the time of death. |
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Definition
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Term
A governmental body created by legislation empowered to make and enforce rules and regulations. |
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Definition
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Term
The rules and regulations created by Federal and State administrative agencies (e.g., OSHA, FTC, state board rules and regulations). |
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Definition
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Term
Those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions. |
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Definition
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Term
Laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings. |
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Definition
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Term
Appellate court decisions based on custom and usage and prior decisions. |
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Definition
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Term
An addition or amendment of a last will and testament executed with the same formality of the will. |
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Definition
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Term
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (e.g., airline, train, etc.). |
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Definition
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Term
Provides transportation for compensation only to those with whom it desires to do business (e.g., livery service). |
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Definition
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Term
The situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession. |
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Definition
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Term
Status associated with funeral service practitioner/funeral establishment who becomes legal protector of the dead human body from time of removal until final disposition. |
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Definition
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Term
A gift of real or personal property by will. |
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Definition
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Term
The person who receives a devise. |
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Definition
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Term
A power of attorney that remains in effect after the disability or incapacity of the principal. |
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Definition
Durable power of attorney |
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Term
Forfeiture of a decedent's property to the state in the absence of heirs. |
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Definition
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Term
In funeral service, a vehicle used to hold monies paid on prefunded contracts and beyond the control of the funeral director. |
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Definition
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Term
A written instrument granting the agent broad powers to act for the principal. |
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Definition
General power of attorney |
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Term
An agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need (in the future) for a sum not exceeding the original amount of the aforementioned contract plus any accruals, regardless of the current prices associated with providing the services and merchandise at the time of the funeral. |
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Definition
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Term
A person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability. |
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Definition
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Term
A will written entirely by the hand of the testator. |
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Definition
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Term
The condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate. |
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Definition
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Term
The state or condition of dying without having made a will. |
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Definition
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Term
An agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary. |
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Definition
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Term
A claim or charge against real or personal property for payment of some debt. |
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Definition
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Term
Can there be a lien against a dead human body? |
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Definition
No, because it is not considered property |
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Term
Automotive equipment made available for hire. |
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Definition
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Term
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, and which becomes effective when such person is no longer able to make decisions regarding his/her medical treatment. |
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Definition
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Term
A condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury. |
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Definition
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Term
An act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity. |
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Definition
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Term
Agreement in which the funeral home promises to apply the amount pre-paid plus any accruals to the balance due. However, the cost of the funeral will be based upon the current price for the services and merchandise at the time the services are provided. Nuisance - a landowner's use of property which interferes with the public or another landowner's use of his property. |
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Definition
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Term
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. |
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Definition
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Term
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. |
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Definition
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Term
Oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states). |
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Definition
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Term
An act with complete disregard for proper conduct which transcends the bounds of common decency. |
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Definition
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Term
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. |
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Definition
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Term
Person who is appointed by the court to represent and administer the estate of deceased persons |
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Definition
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Term
The method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share. |
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Definition
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Term
The inherent power of a government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens. |
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Definition
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Term
A claim which is accorded a priority, advantage or privilege. |
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Definition
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Term
The order in which claims will be paid when there are insufficient assets to pay all of the claims, or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body. |
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Definition
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Term
The process of administering the estate and determining the validity of a will. |
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Definition
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Term
The property and debts of a decedent that is subject to administration by the personal representative of an estate. |
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Definition
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Term
The relationship existing between two states whereby each extends some privileges of licensure to licensees of the other state. |
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Definition
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Term
An action to recover possession of wrongfully withheld personal property. |
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Definition
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Term
Provision in a deed limiting the use of real property and prohibiting certain uses. |
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Definition
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Term
Agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law. |
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Definition
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Term
A debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor. |
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Definition
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Term
An estate in which the assets exceed the liabilities. |
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Definition
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Term
A written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring. |
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Definition
Springing power of attorney |
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Term
A person who makes a valid will. |
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Definition
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Term
Agreements which are incident to providing services and merchandise other than by the funeral establishment i.e. caskets, vaults, urns, , cremation services, etc. |
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Definition
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Term
An account established by one individual to be held for the benefit of another (as a method of payment of funeral expenses); creates a fiduciary responsibility. |
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Definition
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Term
One who holds title to property or another position of trust to a beneficiary. |
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Definition
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Term
A model law intended to achieve uniformity in probate proceedings throughout the U.S. |
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Definition
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Term
A claim which is not supported by a pledge, mortgage or lien on other assets. |
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Definition
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Term
Those drivers not under the control of the funeral director. |
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Definition
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Term
An instrument executed with required formality, by persons making disposition of their property to take effect upon their death. |
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Definition
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Term
A law passed by a local unit of government which regulates and prescribes the land use planning. |
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Definition
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Term
What is the main source for funeral service regulation? |
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Definition
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Term
A man dies in a hotel while on vacation with his wife and minor children. The local funeral home was called by the local police department for removal. The wife refuses to make funeral arrangements. Who had the duty of burial? |
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Definition
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Term
Officer of an ocean going vessel that can authorize mandatory burials at sea. |
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Definition
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Term
The landmark case of Pettigrew v Pettigrew legally defined what? |
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Definition
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Term
The first civilization to enact funeral laws. |
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Definition
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Term
Legal tenant that states that all people are entitled to a dignified final disposition. |
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Definition
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Term
Clause in a funeral contract that holds all people signing the contract equally liable for fulfillment of that contract. |
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Definition
Joint and several liability |
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Term
Two brothers are making arrangements for the disposition of their father. One brother wants to bury their father, the other wants their father to be cremated. To which type of court would the brothers go to resolve this situation? |
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Definition
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Term
A person who owns or controls the property where a death has occurred. |
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Definition
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Term
On a funeral contract, the funeral director must include mandatory FTC disclosures if the contract is... |
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Definition
Also a statement of goods and services |
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Term
The Magnuson-Moss Warranty act states that funeral directors must disclose certain information about any warranties, unless the funeral home... |
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Definition
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Term
Permit that allows a proposed building to be built in a zone that would not normally permit that type of structure to operate. |
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Definition
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Term
Pre-need trusts that allow for the trust to pay the income tax on the interest. |
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Definition
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Term
Jim dies and has no family. His estate would have primary liability to pay for his funeral based on the concept of which type of contract? |
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Definition
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Term
According to the FTC, to be considered a Door to Door sale, the total sales amount must be more than what amount? |
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Definition
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Term
Billy receives a painting and some jewelry from his mother's estate. Which type of heir is Billy? |
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Definition
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Term
In most jurisdictions, which one of the following would have paramount liability for paying funeral expenses? |
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Definition
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Term
Jules sets up a pre-need for her mother with the local funeral home. The money paid is placed into a trust company. In this scenario, who is the trustor? |
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Definition
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Term
At a graveside service, you line the pallbearers up to move the casket. Without instruction, the pallbearers move the casket to the grave. When putting the casket down, one of the pallbearers falls into the grave, injuring themselves. Can the funeral home be held liable for the injury? |
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Definition
Yes, because no instruction was given to the pallbearers |
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Term
How many days would a funeral home have to return any payments if they received a valid cancellation of a door-to-door sale? |
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Definition
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Term
You bury the wrong body in a family grave. Does the family have grounds for a lawsuit? |
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Definition
Yes, because you committed the tort of loss of body |
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Term
According to the FTC Cooling Off Rule, how many days does a person have to cancel a contract made as a door-to-door sale? |
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Definition
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Term
Under common law, who has the paramount liability to pay for a child's funeral expenses? |
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Definition
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Term
Bill sets up an instrument that, upon his death, will transfer all of his assets to a banking service that manages the estate for his son. What has bill set up? |
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Definition
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Term
A person appointed by a will to represent and administer the estate. |
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Definition
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Term
Funeral homes may be held liable for their aftercare programs if those programs are held out to be... |
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Definition
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Term
Type of zone that is used for both housing and business. |
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Definition
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Term
Which type of pre-need vehicle is not considered to be an asset by Medicaid/SSI? |
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Definition
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Term
The Equal Pay Act clause of the Fair Labor Standards Act states the employers cannot discriminate in pay on the basis of what? |
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Definition
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Term
The Americans with Disabilities Act describes businesses providing goods and services to the public as what? |
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Definition
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Term
If a funeral director is paid hourly, could they be exempt from the FLSA overtime standards? |
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Definition
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Term
According to the FLSA, how long is a work week? |
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Definition
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Term
Does the OSHA Hazard Communications Standard require that employers document spills of hazardous chemicals? |
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Definition
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Term
People living in a funeral home, providing security in return for lodging, are considered to be what? |
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Definition
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Term
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Definition
Injury piercing the mucous membranes or the skin barrier |
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Term
Who conducts the initial ADA Readily Achievable Test for barrier removal? |
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Definition
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Term
The manager of one branch of a funeral business would be considered which type of white collar employee? |
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Definition
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Term
Civil rights violation investigations will determine whether there is cause or no cause for action within how many days? |
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Definition
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Term
Which poster does OSHA require funeral homes to post in an area where employee notices are normally posted? |
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Definition
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Term
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Definition
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Term
The Public Accommodations aspect of the ADA has less strict standards for buildings built before what year? |
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Definition
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Term
The Age Discrimination In Employment Act only prohibits discrimination against individuals over what age? |
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Definition
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Term
According to the FLSA, does a funeral home have to pay an employee for the entire time they are on call? |
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Definition
No, not when they are waiting to be engaged |
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Term
For how long are employers required to keep records of any civil rights actions? |
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Definition
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Term
According to the OSHA Formaldehyde Rule, would the formaldehyde levels need to be re-tested if different embalming chemicals start being used? |
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Definition
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Term
Why can't you charge extra for embalming a decedent's body who had AIDS? |
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Definition
The ADA protects disabled people's families |
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Term
According to the Formaldehyde Rule, how long are employers required to keep doctor's opinions of Medical Disease Questionnaires for? |
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Definition
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Term
Which act would the Public Accommodations aspect of the ADA mandate be performed first? |
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Definition
Installation of curb ramps |
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Term
What is the minimum amount that white collar employees must be paid per week? |
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Definition
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Term
An embalmer wears a formaldehyde detection badge for 15 minutes during an embalming. The results of the test indicate formaldehyde levels at 0.76ppm. How would you describe the test results? |
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Definition
The test passed because the Permissible Exposure Limit was not reached |
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Term
During what year was the FTC Funeral Rule enacted? |
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Definition
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Term
A funeral home requires the purchase of one of their caskets before they will provide services. What is this requirement called? |
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Definition
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Term
The FTC's 6 Mandatory GPL Disclosures |
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Definition
1. Consumer's right to select only the goods and services desired 2. Embalming 3. Alternative containers for direct cremation 4. Basic services fee 5. Casket price list 6. OBC price list |
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Term
What are items 1-4 that are required to be itemized prices on the GPL (the minimum required services)? |
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Definition
1. Forwarding of remains to another funeral home 2. Receiving remains from another funeral home 3. Direct cremation 4. Immediate burial |
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Term
The only non-declinable fee on the General Price List is... |
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Definition
Item 5: Basic services of funeral director and staff (and overhead) |
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Term
What are items 6-16 that are required to be itemized prices on the GPL? |
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Definition
6. Transfer of remains to funeral home 7. Embalming 8. Other preparation of the body 9. Use of facilities and staff for viewing 10. Use of facilities and staff for funeral ceremony 11. Use of facilities and staff for memorial service 12. Use of equipment and staff for graveside service 13. Hearse 14. Limousine 15. Either individual casket prices or the range of casket prices that appear on the CPL 16. Either individual outer burial container prices or the range of the outer burial container prices that appear on the OBCPL |
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Term
According to the FTC Funeral Rule, do you have to tell people how much you marked up cash advance items? |
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Definition
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Term
What is an exception to the FTC Funeral Rule's prohibition against tying arrangements? |
|
Definition
Non-declinable basic service fee |
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Term
Would someone only offering services have to comply with the FTC Funeral Rule? |
|
Definition
No, it must be goods and services |
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Term
The Action Level for formaldehyde has been exceeded if the 8 hour TWA is over... |
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Definition
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Term
According to the FTC Funeral Rule, how long are funeral directors required to retain all price lists for? |
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Definition
1 year after it was last distributed |
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Term
Are there specific HIPPA regulations that apply to funeral homes? |
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Definition
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Term
When the funeral director is only agreeing that amounts paid on the contract, plus accruals, will be applied toward the price of the funeral, what kind of contract is this? |
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Definition
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Term
The Civil Rights Act, including the Pregnancy Discrimination Act, applies to all employers having how many employees? |
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Definition
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Term
Under the General Rule of Priority, who is primarily responsible for the expense of disposing of the body? |
|
Definition
The deceased person's estate |
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Term
A funeral home must use reasonable care on its premises to warn patrons of what kind of risks? |
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Definition
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Term
To find criminal liability, what do most crimes require? |
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Definition
A specified state of mind and the performance of a prohibited act |
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Term
Monster Mortuary Inc. makes an offer to the owners of Local Funeral Homes to buy the entire company. Who has the power to revoke the offer? |
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Definition
Monster Mortuary Inc. only |
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Term
Mike and National Casket Supply enter into an oral contract under which Mike agrees to design caskets for NCS for two year. Is the contract enforcable? |
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Definition
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Term
Peak Professionals orders goods from Quick Stock Company. Peak plans to market the goods to consumers generally. Quick identifies the goods. Before they are shipped to Peak, an insurance interested in the goods exists in which parties? |
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Definition
Peak and Quick, but not consumers generally |
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Term
United Funeral Services employs Vic as a driver. While driving a United hearse within the scope of employment, Vic negligently causes an accident in which Wendy is injured. Wendy can recover from which parties? |
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Definition
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Term
The right to drive across another's property is an example of what? |
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Definition
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Term
Clean Cremation Corporation operates a crematorium that accepts remains by Best Carrier Company from Central Mortuary Inc. A release of the waste is discovered at the site, and the EPA cleans it up. From which parties can the EPA recover the cost of the cleanup? |
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Definition
Clean, Central Mortuary, or Best Carrier |
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Term
Best Practice Crematorium agrees to hire Melanie for one year at a salary of $500 per week. When Best Practice cancels the contract, Melanie spends $100 to obtain a similar job that pays $450 per week for a year. What is Melanie entitled to recover? |
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Definition
The difference between the wages of the two jobs, plus $100 |
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Term
Where are the rules of business transactions contained? |
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Definition
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Term
Who has the responsibility of the overall management of a corporation? |
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Definition
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Term
What is the party who is sued in a civil suit known as? |
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Definition
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Term
Are operators of funeral homes subject to regulation by federal government, state government, or local government? |
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Definition
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Term
Are crematoriums licensed under federal law, state law, or local law? |
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Definition
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Term
Under the FLSA, which two kinds of employees may be denied overtime when working more than 40 hours per week? |
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Definition
Professionals and administrators |
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Term
The ADA applies to employers with how many employees? |
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Definition
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Term
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Definition
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Term
Who must comply with the FTC Funeral Rule? |
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Definition
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Term
When does the FTC Funeral Rule not apply to pre-need arrangements? |
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Definition
When pre-need contracts were entered into before the rule went into effect in 1984 |
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Term
What is the triggering event for giving out a GPL? |
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Definition
A face-to-face meeting anywhere |
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Term
For forwarding and receiving remains, the GPL should... |
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Definition
List one price for each of these items and describe all services you will provide for the quoted price |
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Term
On the GPL, do you have to include the price of the actual cremation of the deceased? |
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Definition
It may or may not be included in your price for direct cremation |
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Term
In the Hearse and Limousine itemized sections of the GPL, what kind of pricing method should you use? |
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Definition
You can use any pricing method, such as a flat fee, an hourly charge, or a mileage charge |
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Term
Three special groups that require an alternative price list. |
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Definition
1. Children and infants 2. Government agencies 3. Religious groups and memorial societies |
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Term
Does the CPL require the address of the business to be listed? |
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Definition
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Term
Three disclosures on the Statement of Funeral Goods and Services Selected. |
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Definition
1. Legal requirements 2. Embalming 3. Cash advance items |
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Term
Six areas that the Funeral Rule specifically prohibits misrepresentations. |
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Definition
1. Embalming 2. Casket for direct cremation 3. Outer burial container 4. Legal and cemetery requirements 5. Preservative and protective value claims 6. Cash advance items |
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Term
Does federal law require embalming? |
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Definition
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