Funeral Service Law Flashcards
a proportional reduction of legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full
Abatement
the physical possession of the dead human body or other property
Actual custody
the extinction or withdrawal of an inheritance because decendent did not own the named property at the time of death
Ademption
a governmental body created by legislation empowered to regulate and issue rules and regulations
Administrative agency
that body of law created by Federal and State administraive agencies through implementation of powers and duties in the form of rules, regulations, orders and decisions (ex. OSHA, FTC, state board rules and regualtions)
Administrative law
the man/woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament.
Administrator/Administratix
those drivers under the directions and control of the funeral establishment which is liable for the drivers negligent actions
Agent driver
a federal statue prohibitng discrimination against the disabled in employment, public transportation, telecommunications services, and public accomodations and services operated by private actions.
Americans with Disabilities Act (ADA)
a person engaged in learning the practice of funeral directing and/or embalmer
Apprentice (intern/resident trainee)
a person who recieves personal property from another as a bailment
Bailee
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
Bailment
a person who delivers personal property to another as a bailment
Bailor
a gift of personal property by will
Bequest (legacy)
in the Uniformed Anatomical Gift Act part is defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplanation. After the removal of a body part, without unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final dispostion
Body parts
total and irreverisble cessation of brain function as indicated by a flat EEG reading
Brain death
laws, ordinances and government regulations, setting forth requirements for construction, maintenance, operation, occupancy, use of appearance of buildings
Building code
the act of placing the dead human body in the ground
Burial (interment/inhumement)
a dead human body intended solely for scientific study and dissection
Cadaver
appellate court decisions that establish precedented principles
Case law
an area of ground set aside and dedicated for the final disposition of dead human bodies
Cemetery
phase of somatic death lasting from 5-6 minutes during which life may be restored
Clinical death
an addition or amendment of a last will and testament executed with the same formailty of the will
Codicil
any carrier required by law to convey passengers or frieght without refusal if the approved fare or charge is paid (ex. airline, train, etc)
Common carrier
non legislated principles and rules of action predicted upon usages and customs which the court considers binding on the community.
Common law
the fundamental law that establishes the governement, limits what governement can and cannot do and states the underlying principles to which the government will conform
Constitution
an agreement between two or more competent persons which is enforceable by law
Contract
provides transportation for compenstaion only to those with whom it desires to do business (ex. livery service)
Contract carrier
the situation whereby one a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession
Constructive custody
a public officer whose duty it is investigate cause of death when the question of accident, suicide, or homicide may be evident or where there was no doctor in attendance
Coroner
the body of a dead human being, deprived of life, but not yet entirely disintegrated.
Corpse (dead human body)
the final product remaining after completion of the entire cremation/pulverization process. The product is referred to as “cremains”
Cremated remains
the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
Cremation
the location of the retort/cremation chamber which will perform the cremation process
Crematory
an action in violation of constitution , statues, or oridiances ex. treason, felony, misdemeanor
Crime
status assoicated with funeral service practitoner/funeral establishment who becomes legal protector of dead human body from time of removal until final dispostion
Custodian
the cessation of life, permanent cessations of vital functions and signs.
Death
relationship to decendent of his realtives, each generation is one degree, counting to a common ancestor
Degree of kindred
a gift of real estate, the act/process of transferring ownership of real property (Devise applies to bothg transfers as well as by wills)
Devise
the person who recieves real property through the process of a devise
Devisee
the removal of a human remains from previous location of final disposition
Disinterment
the attention reasonably expected from, and ordinarily exercised by a person who seeks to satisfy a legal requirment or to discharge and obiligation
Due diligence
exists when one person appoints an agent, agent status which will become or remain effective in the event the original party she should later become incapacitated
Durable power of attorney
a person, properly licensed, who disinfects, preserves, and/or restores a dead human body.
Embalmer
the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owner(s) is required
Eminent domain
the placing of a remains in a crypt in a mausoleum.
Entombment
a governmental agency with environmental protection regulatory and enforcement authority
Environmental Protection Agency (EPA)
forfeiture of a decedent’s property to the state in the absence of heirs
Escheat
the property of a deceased person, both real and/or personal
Estate
the physical and/or emotional seperation for a period of time showing the lack of affection, trust and regard
Estrangement
a man/woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.
Executor/Executrix
an agency of federal governement created in 1914 to promote free and fair trade competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition
Federal Trdae Commission (FTC)
the conclusive performance of services with respect to the dead human body by one of the legally recognized methods
Final dispostion
a facility used in the care and preparation for the funeral and/or final disposition of dead human bodies
Funeral establishment
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments
Funeral service law (mortuary law/mortuary jurispridence)
a written instrument authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party
General power of attorney
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
Gros negligent act
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
Guaranteed contract
a judical appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability
Guardian
one who inherits, or is entitled to recieve property by will or by laws of intestacy
Heir
a will written entirely by the hand of the testator/testatrix
Holographic will
the occupier of a house, one who owns or controls real estate where a death occurs
Householder
the estate which passes from the decedent to his/her heirs
Inheritance
the condition of the estate of a deceased person which is unable to pay the debts of the decendent and/or the estate
Insolvent estate
the act of placing the dead human body in the ground
Interment
between two or more states
Interstate
the state or condition of dying without having made a will, intestacy
Intestate
the method used to distribute property owned by a person who dies without a vaild will
Intestate succession
within a state
Intrastate
listing and valuation of a decendents assests by personal representative of the estate
Inventory
one who has been invited on the property by the landowner, persons coming to a funeral home for the purpose of attending funerals, viewing remains, or engaging the funeral director’s services are some examples
Invitee
an agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary
Irrevocable contract
a public officer whose duties in some jurisdictions may include among other things the investigation of death
Justice of the peace
one’s relatives collectively referring to blood relationship (legally the surviving spouse is not next of kin)
Kin
those rules of conduct commanding what is right and prohibiting what is wrong
Law
one who inherits personal property under a will
Legatee
responsibility for actions and/or other debts the quality or state of being legally obligated or accountable
Liability
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)
Lien
automotive equipment made available for hire
Livery
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 aa relatively short time, and which becomes effective when such person is no longer able to make decisins regarding his/her medical treatment
Living will
improper or negligent professional act by a professional person
Malpractice
a forensically-trained physician whode duty it is to investigate questionable or unattended deaths (has replaced the coroner in many states)
Medical examiner
mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc and may be accompanied by physical injury or by an outrageous intentional or grossly negligent act
Mental anguish
a place where dead human bodies are kept until identified and/or released for final dispostion
Morgue
a secured loan on a parcel of real estate
Mortgage
an act showing inherent baseness or vileness of principle or action, shameful, wickedness, depravity
Moral turpitude
any altering or change made to a dead human body from the time of death, other than by natural causes
Mutilation
failure to exercise ordinary care, omission to do something which a reasonable prudent person would do ordinary or similar circumstances or the doing of something which a reasonable and prudent person would not do, the lack of due care (excerised by the wrongdoer who has not acted as a reasonable person would)
Negligence
agreement in which the funeral home promises to apply the amount pre-paid plus any accural 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 death occurs
Non-guaranteed contract
a landowners use of property which interferes with the public or another landowners use of his property
Nuisance
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
Nuisance in fact
acts, occupations or structures which are nuisances at all times and under all circumstances it may be prejudical to public morals, dangerous to life, or injurious to public rights
Nuisance per se
oral will declared or dictated by testator during the last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states)
Nuncupative will
a governmental agency with the with the responsibilty for regulatory and enforcement of safety and health matters for most employees
Occupational Safety and Health Administration (OSHA)
a law passed by a local municipal governing body (ex. zoning, building, safety)
Ordinance
an act with complete disregard for proper conduct with transcends the bounds of common decency
Outrageous act
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 capita
person who represents and administers the estate of deceased persons, executor and/or administer of an estate
Personal representative
contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made, a contract whereby both parties should recognize that any breach will usually cause anguish
Personal service contract
the method of proportinately dividing an estate between beneficiaries according to their deceased ancestor’s share
Per stripes
the inherit power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens
Police power
an instrument granting someone authority to act as agent or attorney-in-fact for the grantor an ordinary power of attorney is revocable and automatically terminates upon death or incapacity of thr principle
Power of attorney
a decision of a higher court (ex. appellate or supreme court) which is thereafter followed as an example in subsequent similar cases
Precedent
a claim which is accorded a priority, advantage or priviledge, a superior claim or right of payment as against another of the same kind of class. The first claim to be paid is the highest preferred claim and superior to all other claims
Preferred claim
funeral arrangements made in advance of need that include provisions for funding or or prepayment
Pre-funded funeral arrangements
that portion of location in a funeral establishment specifically designed and equipped for embalming and otherwise perparing dead human bodies
Prepartion room
funeral arrangements made in advance of need that do not include provisions for funding of prepayment
Pre-planned funeral arrangements
1) the order in which claims will be paid when there are insufficient assets to pay all of the claims.
2) the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body
Priority
those who transport only in particular instances and only for those they choose to contract with (ex. funeral home vehicles and livery)
Private carrier
a cemetry owned by a private enterprise such as corporation for profit, a non-profit corporation, parternship, sole owners, religious orders, etc
Private cemetery
the process of perserving the estate, determining the validity of a will and distributing the estate to the proper heirs
Probate
a court having jurisdiction over estates
Probate court
the property of decedent that is subject to administration by the executor or administrator of an estate
Probate estate
a cemetery owned by a government unit (federal, state or municipal)
Public cemetery
a ficitional contract created or implied by a court for a person who is unable to contract for himself (ex. medical care, death) an obligation which law creates in the absence of agreement, is invoked by courts where there is unjust enrichment
Quasi contract
the accepted theory of the legal status of a dead human body, right associated with the body are as if it were property for the purpose of disposition only
Quasi-property theory
the relationship exisiting between two states whereby each extends some privileges of licensure to licensees of the other state
Reciprocity
an action to recover possession of wrongfully withheld personal property
Replevin
provision in a deed limiting the use of property and prohibiting certain uses
Restrictive covenant
agreement which may be terminated by the purchaser at any time prior to the death of the beneficary with a refund of the monies paid on thye contract as perscribed by state law
Revocable contract
the omission or cancellation of an instrument, act, license or promise
Revocation
enactments by an administrative body within the jurisdiction of that agency
Rules and regulations
a debt which is supported by a pledge, mortgage or lien on assets belongind to the debtor
Secured claim
a nuncaptive will, informal in nature, in which a solider in the field or sailor at sea may dispose of personal property only
Soliders and sailors will
an estate in which the assests exceed the liabilites
Solvent estate
a written instrument authorizing one person to act as an agent for another effective only upon a certain event ocurring
Springing power of attorney
a 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
Stare decisis
a law enacted by a federal or state legislative body
Statute
law created by legislative bodies in contract to law generated by judical opinions (case law) and administrative bodies
Statutory law
the condition of leaving a will at death
Testate
a man who makes a vaild will
Testator
a woman who makes a vaild will
Testatrix
agreements which involve the funeral director/funeral home because the family being served has contracted with someone else (third party) for services or merchandise also available from the funeral home.
Third party contracts
a private or civil wrong, other than breach of contract, for which there may be action for damages
Tort
one who intentionally and without consent or privilege enters another’s property
Trespasser
account established by one indiviual to be held for the benefit of another (as a method of payment of funeral expenses) creates a fiduciary responbility. Money paid to a funeral home for future services is placed in an account with the funeral as trustee for the benefit of another
Trust account
one who holds title to property or another position of trust to beneficiary, in funeral arrangements, the person who has the right to control funeral does so on behalf of all survivors
Trustee
a law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives the right to another
Uniform Anatomical Gift Act (UAGA)
a model law intended to achieve uniformity in probate proceedings throughout th U.S.
Uniform Probate Code
a claim which is not supported by a pledge, mortgage or lien on other assets
Unsecured claim
the registration, preparation, transcription, collection, and presewrvation of data pertaining to births, adoption, deaths, stillbirths. marital status, etc
Vital statistics
those drivers not under the control of the funeral director
Volunteer driver
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death
Will
a law passsed by a municipality by virtue of the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality
Zoning oridance
