Funeral Service Law: Mortuary Law Flashcards
a proportional reduction of a 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
actual custody of the body
the extinction or withdrawal of an inheritance because decedent did not own the property at the time of death
ademption
a governmental body created by legislation empowered to regulate an industry and issue release an regulations
administrative agency
that body 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., state board rules)
administrative law
a man who has been appointed by the court to settle an estate
administrator
a woman who has been appointed by the court to settle an estate
administratrix
those drivers under the directions and control of the funeral establishment which is liable of rt. driver’s negligent actions
agent driver
a person engaged in learning the practice of funeral directing and/or embalming under instruction, direction or personal supervision of a duly licensed funeral director and or embalmer
apprentice/intern/resident trainee
a gift of personal property by will
bequest (legacy)
in the Uniformed Anatomical Gift Act defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplantation. After removal of a body part, without unnecessary mutilation, the custody of the reminder or the body rests with the person who otherwise has the right to control final disposition
body parts
total and irreversible 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
a dead human body intended solely for scientific study and dissection
cadaver
appellate court decisions that establish precedented principles
case law
absence of all vital signs
clinical death/legal death
an addition or amendment of a last will and testament executed with the same formality as the the will
codicil
any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train)
common carrier
non-legislated principles and rules of action predicated upon usages and customs
common law
any fundamental or important law of edict
constitution
where a party has a right to acquire actual custody/possession or the dead body although another party has actual physical possession
constructive custody/possession
see medical examiner
coroner
see dead human body
corpse
the reduction of a dead human body to inorganic bone fragments by intense heat a specifically designed retort or chamber
cremation
an action in violation of constitution, statutes, or ordinances e.g. treason, felony, misdemeanor
crime
a legal process used by one wishing to collect a debt from an estate
creditors claim
funeral director becomes legal protector of dead human body from time of removal until final dispo
custodian
the body of a dead human being, deprived of life, but not yet entirely disintegrated
dead human body (corpse)
cessation of life, permanent cassations of all vital functions and signs
death
relationship to decedent of his relatives. each generation is one degree counting to a common ancestor
degree of kindred
a gift of real estate made by will
devise
one who inherits real estate under a will
devisee
the removal of a human remains previously buried in the earth
disinternment (exhumation)
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 thins decided
doctrine of stare deceases
exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled
durable power of attorney
a person, properly licensed who disinfects, preserves, or restores a dead human body
embalmer
the inherent power of a government to take private property of public use. in the US just compensation to the property owners is required
eminent domain
the placing of remains in a crypt in a mausoleum
entombment
a governmental agency with environmental protection regulatory and enforcement authority
environmental protection agency / spa
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
a set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct
ethics
a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executor
a woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executrix
see disinterment
exhumation
an agency of federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition
federal trade commission
death of a product of conception prior to the complete expulsion or extraction from its mother
fetal death
the conclusive performance of services with respect to the dead human body
final disposition
a person properly licensed, engaged in, or conducting, or holding himself out as being engaged in; 1) preparing, other than by embalming, for the burial or disposition of dead human bodies 2)maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies
funeral director
a place of business used in the care and preparation for the funeral and or final disposition of dead human bodies
funeral establishment
an instrument in writing 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 a affecting the life or property of another
gross negligent
a judicial appointment of a 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 receive, property by willow laws intestacy
heir
a will written entirely by the testator with his own hand
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 decedent and or the estate
insolvent estate
the act of plain goth dead human body in the ground
interment
between two or more states
interstate
the state or condition of dying without having made a will
intestate
the succession of an heir at law to the property and estate of his ancestor when the leather has died without a will
intestate succession
with in a state
intrastate
listing and valuation of a decedents assets by personal representative of the estate
inventory
a public officer who duties may include among other things the investigation of death. see Medical Examiner
justice of peace
one’s relatives collectively, referring to blood relationship. (legally the spouse is not a kin)
kin
a rule of action prescribed by an authority able to enforce its will
law
see bequest
legacy
one who inherits personal property under a will
legatee
responsibility for wrongful acts or other debts
liability
a claim or charge against property for payment of some debt. (there can be no lien against a dead human body for it is not property
lien
the complete expulsion or extraction from its mother of a product of conception which, after such separation, breathes or shows any other evidence of life
live birth
automotive equipment made available for hire.
livery
a condiment which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable of 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
living will
improper or negligent professional act by a professional person
malpractice
a public officer whose duty it is to investigate cause of death when the question of accident, suicide or homicide may be evident or where there was no doctor in attendance
medical examiner/coroner/justice of peace
mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. usually 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 disposition
morgue
a secured loan on a parcel of real estate
mortgage
an act showing inherent baseness or vileness or principle or action; shameful wickedness; depravity
moral turpitude
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishment
mortuary law.mortuary jurisprudence/funeral service law
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 under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care
negligence
a landowners use of property which interferes with the public or another landowners use of his property
nuisance
act, 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
act, 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
nuisance per se
oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing
nuncupative will
a governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees
occupational safety and health administration
a law passed by a municipal governing body
ordinance
an act with complete disregard for proper conduct which 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 i.e. executors and administrators
per capita
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
method of dividing an estate where a class or group of distributes take the share which their deceased would have been entitled to had their deceased survived
per stirpes
person who represents and administers the estate of deceased persons i.e. executors and administrators
personal representative
inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens
police power
an instrument in writing authorizing one person to act as agent for another. Power of attorney is revoked on death of principal by operation of law. Power of attorney can be general or special
power of attorney
a decision of a court which is thereafter followed as an example by other courts
precedent
that facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies
preparation room
those who transport only in particular instances and only for those they come to contract with funeral home vehicles and livery, as opposed to common carrier
private carrier
the process where the estate of a decedent is administered
probate
a court having jurisdiction over estates
probate court
the property of a decedent that is subject to administration by the executor or administration by the executor or administrator of an estate
probate estate
a fictional contract created or implied by a court for a person who is unable to contract for himself, an obligation which law creates in the absence of agreement, is invoked by courts where there is unjust enrichment. function of quasi contract is to raise obligation in law were in fact the parties made no promise
quasi contract
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
quasi-property theory
the relationship existing between two states whereby each extends privileges of licensure to licensees of the other state
reciprocity
an action to recover possession of personal property
replevin
provision in a deed limiting the use of property and prohibiting certain uses
restrictive covenant
the omission or cancellation of an instrument, act, license, or promise
revocation
enactments by an administrative body within the jurisdiciton of that agency
rules and regulations
a debt which is supported by a pledge, mortgage, or lien on assets belonging to the debto
secured claim
a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only
soldiers and sailors will
an estate in which the assets exceed the liabilities
solvent estate
see doctrine of stare deceases
stare decisis
a law enacted by a federal or state legislative body
statute
law created by legislative bodies in contrast to law generated by judicial opinions and administrative bodies
statutory law
the condition of leaving a will at death
testate
a man who make a valid will
testator
a woman who makes a valid will
testatrix
a wrongful act committed by one person against another person or their property
tort
one who holds title to property or another position of trust to a beneficiary, in funeral arrangements, the person who has 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 body to take effect upon his death or gives the right to another
uniform anatomical gift act
a model law to achieve uniformity in probate proceedings throughout the US
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, compilation and preservation of data pertaining to births, adoptions, deaths, still births, marital status, etc
vital statistics
those drivers not under rt. direct control of the funeral director
volunteer driver
an instrument executed with required formality by a person making disposition of their property to take effect upon their death
will
a law passed 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 ordinance
