Capstone arts week 6

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. 

priority

• 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. 

statute

•  a law enacted by a legislative body 

ordinance

•  a law passed by a local municipal gov body (zoning, building safety, etc) 

case law

• appellate court decisions based on custom and usage and prior decisions 

admin law

• the rules and regulations created by Federal and State administrative agencies (e.g., OSHA, FTC, state board rules and regulations). 

rules/regulations

laws created by an administrative agency within its jurisdiction.

custodian

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

business law

 rules of conduct for the performance of business transactions.

tort

 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.

civil law

• the body of law concerned with private or purely personal rights. 

misdemeanor

• a less serious crime punishable by fine and/or imprisonment of less than 1 year. 

liability

• responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable. 

preferred claim

a claim which is accorded a priority, advantage or privilege.

secured claim

• a debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor. 

lien

• a claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property). 

replevin

an action to recover possession of wrongfully withheld personal property.

crime

• an action against society as a whole in violation of constitution, statues, or ordinances, e.g., treason, felony, misdemeanor. 

mental anguish

a condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury.

outrageous act

 an act with complete disregard for proper conduct which transcends the bounds of common decency.

guardian

 a person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability.

insolvent estate

• the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate. 

solvent estate

an estate in which the assets exceed the liabilities.

personal representative

•  person who is appointed by the court to represent and administer the estate of deceased persons. 

testate

•  the condition of leaving a will at death. 

testator

• a person who makes a valid will. 

nuncupative will

• 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). 

holographic will

will written entirely by the hand of testator

codicil

• an addition or amendment of a last will and testament executed with the same formality of the will. 

abatement

- a proportional reduction of a devise when estate assets are not sufficient to pay it in full.

ademption

• the extinction or withdrawal of a devise because decedent did not own the named property at the time of death. 

intestate

•  the state/condition of dying without having made a will; intestacy 

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. 

per stirpes

 the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share.

escheat

• - forfeiture of a decedent's property to the state in the absence of heirs.

probate estate

• the property and debts of a decedent that is subject to administration by the personal representative of an estate. 

devisee

 he person who receives a devise.

power of attorney

•  an instrument granting someone authority to act as agent or attorney-in-fact for the principal; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal. 

general power of attorney

•  a written instrument granting the agent broad powers to act for the principal. 

springing power of attorney

•  - a written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring. 

durable power of attorney

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

living will

 a document which governs the withholding or withdrawal of life-sustaining 22 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.

probate

•  the process of administering the estate and determining the validity of a will. 

devise

• a gift of real or personal property by will . 

livery

• automotive equipment made available for hire. 

restrictive covenants

• provision in a deed limiting the use of real property and prohibiting certain uses. 

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. 

zoning ordinance

•  a law passed by a local unit of government which regulates and prescribes the land use planning.