NBE Study Guide Regulatory Compliance Part I

airbud123's version from 2015-08-22 19:12

Section 1

Question Answer
abatementproportional reduction of a legacy under a will when assets out of which such legacy are payable, are not sufficient to pay it in full
acceptancean agreement to an offer resulting in a contract
accord and satisfactionan agreement made and executed in satisfaction of the rights one has from a previous contract
actual custody of the bodythe physical possession of a dead human body
ademptionthe extinction or withdrawal of a legacy under a will by an act equivalent to revocation

Section 2

Question Answer
administrative agencyan appointed governmental body charged with implementing particular legislation
administrative lawbody of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions (OSHA, FTC)
administratora man who has been appointed by the court to settle an estate
administratrix a woman who has been appointed by the court to settle an estate
agentthe party appointed by the principal to enter into a contract with a third party on behalf of the principal

Section 3

Question Answer
agent driverthose drivers under the direction and control of a funeral director who is liable for their actions
alien corporationa corporation that is incorporated in a foreign country
American with Disabilities Act (ADA)federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunication services, and public accomodations and services operated by private entities
answerofficial document detailing a defendant's defense
antitrust laws which seek to promote competition among businesses

Section 4

Question Answer
appellate courtcourt hearing cases appealed from the lower courts
apprentice/intern/resident/traineeperson who is learning the act of funeral directing under the direction of a duly registerd director and embalmer
arraignmentcharging a person with a crime and asking for that persons plea
arrest to take into police custody
assigneethe party to whom the assignment is made

Section 5

Question Answer
assignmenta means whereby one party conveys rights to another person who is not a party to the original contract
assignorthe party making the contract
authoritypower to act for someone else
baileeparty who acquires possession, but not the title of personal prerty in a bailment
bailmentthe transfer of possession, but not the title of personal property by one party to another, under agreement

Section 6

Question Answer
bailorthe party who gives up possession, but not title of property in a bailment
bearera person in possession of an instrument
bearer papera commercial paper payable to the bearer (person having the possession of such)
beneficiaryrecipient of the proceeds of a life insurance policy; one who inherits property as specified in a will
bequestgift of personal property by will

Section 7

Question Answer
bill of ladingthe contract existing between the cosignor (shipper) and the carrier
bill of salea document of conveyance that provides written evidence of one's title to tangible personal property
blank endorsementhaving no words other than the signature of the endorser
board of directorsbody of persons elected by the stockholders to define and establish corporate policy
body parts"organs, tissues, eyes, bones, arteries, blood, other body fluid, other portions of a human body" after removal of a body part, the custody of the remainder of the body rests with the person who otherwise has the right to control the final diposition

Section 8

Question Answer
bookingadministrative step taken after an arrested person is placed in custody...involves entry of name, crime, relevant facts
brain deathtotal irreversible cessation of brain function as indicated by a flat EEG reading
breach of contractsituation in which one of the parties to a contract fails or otherwise refuses to perform the obligation established in that contract
building codelaws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use, or appearnce of buildings
business lawthose rules of conduct prescribed by a government and its agencies, regulating business transactions

Section 9

Question Answer
cadaverdead human body intended solely for scientific study and dissection
capital stockdecla`ared value of outstanding stock
case lawcourt decisions that establish precedent principles
cashier's checka check drawn on a bank's own funds and signed by a responsible bank official
casket handling feescharge or fee applied to customers who buy caskets from other supplier rather than the funeral home (now illegal)

Section 10

Question Answer
casket price list (CPL)printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering (include price and descriptive info)
certificate of depositthe acknowledgement by a bank of a receipt of money with an agreement of repayment
certified checkcheck for which the bank assures that the drawer has sufficient funds to make a payment
checkan order by a depositor on the bank to pay a sum of money to a payee
civil lawlegal proceedings concerned with the rights of public citizens

Section 11

Question Answer
clinical death/legal deathabsence of all vital signs
close (closed, closely held) corporationa designation which applies to a corporation in which outstanding shares of stock and managerial control are held by a limited number of people (often of same family)
codiciladdition or amendment of a last will and testament executed with the same formality as the will
commercial paper (negotiable instrumentwriting drawn in a special form which can be transffered from person to person as a substitute for money or as an instrument of credit
common carrierany carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train)

Section 12

Question Answer
common lawa system of jurisprudence based on judicial precedents rather than statutory laws
common stockstock that entitles owner vote
compensatory damagesan award paid to the injured party to cover the exact amount of their loss, but no more
complaint (petition)written request initiating a civil suit
considerationthat which the promisor demands and receives as the price for a promise

Section 13

Question Answer
consigneeone to whom goods are shipped by common carrier
consignorone who ships goods by common carrier
constitutionany fundamental law or edict
constructive custodyhaving the authority to control disposition although another party has oysical possession
contractan agrrement between tow or more competent persons which is enforceable by law

Section 14

Question Answer
contract to sellan agreement wherein a seller agrees to transfer title of good to a buyer for consideration at a future time
contractual capabilitythe necessity that the parties desiring to enter into contracts meet all requirements
corporationan artificial being, invisible, intangible and existing only in contemplation of law; an entity that has a distinct existance separate and apart from the existence of ots individual members
corpsethe body of a dead human body deprived of life, but not disinergrated
counterofferan intended acceptance which canges or qualifies the offer, and is a rejection of the original offer

Section 15

Question Answer
creditor benficiarythe person to whom the promise of a contract owes an obligation or duty which will be discharged to the extent that the promisor performs the promise
creditor's claima legal process used by one wishing to collect debt from an estate
cremationreduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
crime (criminal act)an action in violation of constitution, status or ordinance (felony, misdemeanor, treason)
criminal lawlaws dealing with crimes and the punishment of wrongdoers
custodiana funeral director becomes the legal protector of a human body from the time of removal, until final disposition

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