NBE Study Guide Regulatory Compliance Part II

airbud123's version from 2015-08-22 20:59

Section 1

Question Answer
deathstate of complete and irreversible cessation of metabolic processes leading ultimatly to dissolution of the organs
defendantthe person against whom legal action is borught
degree of kindredrelationship to decedent of his relatives; each generation is one degree, counting to a common ancestor
devisea gift of real estate made under a will
deviseeone who inherits real estate under a will

Section 2

Question Answer
disaffirmancethe repudiation of, or election to avoid, a voidable contract
dischargetermination of a contract by performance, agreement, impossibility, acceptance of breach, or operattion of law
discoverypretrial steps taken to learn the details of a case
disinternment (exhumation)the removal of a dead human corpse previously buried in the Earth
distributionproviding documents (GPL) for retention and review (CPL, OBCPL)

Section 3

Question Answer
doctrine of stare decisisa policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same. To stand by things decided
domestic corporationoperates in the state that granted the charter
donee benficiarythird party benficiary to whom no legal duty is owed and for whom performance is a gift
dormant or sleeping partnerpartner unknown to public with no part in management
drafta written order signed by one person requiring the person to whom it is addressed to pay a particular sum of money to the bearer, wither on demand or at a certain time

Section 4

Question Answer
draweethe person, company, or financial institution ordered to pay a draft
drawerthe person that executes any draft
durable power of attorneyexists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled
duressmeans of removing one's free will; obtaining consent by means of threat to do harm to the person, his family, or his property
embalmera person, properly licensed, who disinfects, preserves, or restores a dead human body

Section 5

Question Answer
eminent domainthe inherent power of a government to take private property for public use. Just compensation to the property owners is required
employeeperson hired to perform work and who is obligated both as to the work to be done and as to the manner in which it is to be done
employerthe party who hires employees to do certain work
endorseeperson who becomes the holder of a negotiable instrument by endorsements which names him or her as the person to whom the instrument is negotiated
endorsmentsignature or statement of purpose by the owner on the back of a negotiable instrument, which indicates the future control of an instrument

Section 6

Question Answer
endorserperson who writes his or her name on the back of an instrument
entombmentplacing of remains in a crypt in a mausoleum
environmental protection agency (EPA)governmental agency with environmental protection regulatory and enforcement authority
escheatforfeiture of a decedent;s property to the state in absence of heirs
estatethe property of a deceased person, both real and/or personal

Section 7

Question Answer
ethicsset of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct
executed contactsthose contracts in which the parties have fulfilled the terms.
executionthe carrying out or completing of some task
executorman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executory contractsthose contracts in which the terms have not been completely executed or fulfilled

Section 8

Question Answer
executrixwoman appointed by the will of a deceased person to make sure everything happens
existing goodsthose goods wich are, at the time of the contract, in existance and owned by the seller
exposure, occupationalreasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or potentially infectious materials that may result from the performance of an employee's duties
express authoritythe authority of an agent, stated in the document or agreement creating the agency
express contractcontract in which the parties express their intentions, wither orally or in writing, at the time of the agreement

Section 9

Question Answer
express warrantythe actual and definite statement of a seller, either verbally or in writing, guaranteeing a standard of level or performance
federal trade commission (FTC)agency of Federal gov't created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising, and other unfair methods of competition
felonycriminal offence that is punishable by confinement in prison or by death
fetal deathdeath of a product of conception prior to the complete expulsion or extraction from its mother
fiduciaryrelationship of trust and confidence, such as that which exists between partners in a partnership

Section 10

Question Answer
final dispositionconclusive performances with respect to the dead human body
foreign corporationdesignation that applies when a corporation operates in any state other than where its chartered
formal contractthose contracts that must be in special form or produced in a certain way, such as under seal
fraudintentional or reckless false statement of a material fact upon which the injured party relied which induced the injured party to enter into a contract to his/her detriment
future goodsgoods that are not in existance at the time the contract is agreed to

Section 11

Question Answer
funeral establishmentplace of business used in the care and preparation for the funeral and/or final disposition of human bodies
funeral providerany person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public
general agentone who is authorized to execute the principal's business of a particular kind, or all the principal's business at a particular place, if not all of one kind
general partnerindividual actively and openly engaged in the business and held out to everyone as a partner
general power of attorney instrument in writing authorizing one person to do anything for the principal (one party has full power of attorney for another party)

Section 12

Question Answer
general price list (GPL)printed lists of goods and services offered for sale by the funeral provider with retail prices
goodsmoveable tangible property
gross negligentintentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
guardianjudicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability
guaranteed contractone where the funeral home guarantees that the services and merchandise will be provided at the time of need for an amount not exceeding the original amount of the contract plus any accruals, regardless of the cost of providing the services and merchandise at the time of the funeral

Section 13

Question Answer
heironw who inherits or is entitles to receive property by law
holderone who is possession of commercial paper
holographic willa will written entirely by the testator with his own hand
householderone who owns or controls real estate where a death occurs
identified goodsthe goods specified by the buyer and seller

Section 14

Question Answer
implied authorityan agents authority to do things not specifically authorized in order to carry out express authority
implied contractone in which the terms of the contract are implied by acts or conduct of the parties
implied warrantieswarrenty imposed by law, arising automatically because the sale has been made
independent contractorsone who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as it means by which the contract is executed, except for specifications establsihed in the contract
inheritancethe estate which passes from the decedent to his/her heirs

Section 15

Question Answer
injunctionjudicial order of decree forbidding the performance of a certain act
insolvent estatecondition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate
intangible personal propertyevidences of ownership of personal property such as stock of corporations, checks, and copyrights
intermentthe act of placing the dead human body in the ground
intestatestae or condition of dying without having made a will

Section 16

Question Answer
intestate successionthe succession of an heir at law to the property and estate of his ancestor when the latter has died without a will
interstate between states
inventory (in probate)listing and valuation of a decedent's assests by personal representative of the estate
itemizationmethod of price quotation by which each unit of service and/or merchandise is priced seperately
judgementa decision of a court

Section 17

Question Answer
justice of peacepublic officer whose duties may include, among other things, the investigation of death
kinone's relatives collectively; reffering to blood relationship(spouse is legally not a kin)
law (blackstone definition)those rules of civil conduct commanding what is right and prohibiting what is wrong
legateeone who inherits personal property under a will
liabilityresponsibility for wrongful acts

Section 18

Question Answer
lienclaim or charge against property fro payment of some debt (there can be no lien against a dead human body for it is not property)
limited liability corporationnewest form of business ownership recognized in the US; combines features of both partnership and corporation
limited partnerpartner whose liability for the firms debt is limited to the amount of his/her investment
liquidated damagesprovision in a contract fixing the amount of damages to be paid in the event one party breaches the contract
live birththe complete expulsion or extraction from its mother of a product of conception which after separation, shows sign of life

Section 19

Question Answer
liveryautomotive equipment made available for hire
living willdocument which governs the withholding or withdrawl of life-sustaining treatment form an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to make decisions regarding his/her medical treatment
makerthe person who executes a promisory note
malpracticebreach of a contract by a professional; failure to perform a professional service with the ability and care generally exercised in the profession
material safety data sheet/msdsthis must accompany a hazardous product; a requirement of the department of labor and OSHA under the Hazard Communication Standard

Section 20

Question Answer
medical examiner, coroner, justice of peacepublic officer whose duty it is to investigate death
mental anguishmental suffering resulting from grief, severe dissapointment, indignation, wounded pride, shame, public humilitation (accompanied by physical injury or by outrageous intentional act)
merchantperson who deals in goods of the kind, or otherwise by occupation purpots to have knowledge or skill peculiar to the practices or goods involved in transaction
minorperson under full legal age, in most states (not all) the standard is under the age of 18
morgueplace where dead human bodies are kept until identified and or released for the final disposition