Funeral Service Law: Mortuary Law Flashcards
(127 cards)
1
Q
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
A
abatement
2
Q
the physical possession of the dead human body
A
actual custody of the body
3
Q
the extinction or withdrawal of an inheritance because decedent did not own the property at the time of death
A
ademption
4
Q
a governmental body created by legislation empowered to regulate an industry and issue release an regulations
A
administrative agency
5
Q
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)
A
administrative law
6
Q
a man who has been appointed by the court to settle an estate
A
administrator
7
Q
a woman who has been appointed by the court to settle an estate
A
administratrix
8
Q
those drivers under the directions and control of the funeral establishment which is liable of rt. driver’s negligent actions
A
agent driver
9
Q
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
A
apprentice/intern/resident trainee
10
Q
a gift of personal property by will
A
bequest (legacy)
11
Q
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
A
body parts
12
Q
total and irreversible cessation of brain function as indicated by a flat EEG reading
A
brain death
13
Q
laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use of appearance of buildings
A
building code
14
Q
a dead human body intended solely for scientific study and dissection
A
cadaver
15
Q
appellate court decisions that establish precedented principles
A
case law
16
Q
absence of all vital signs
A
clinical death/legal death
17
Q
an addition or amendment of a last will and testament executed with the same formality as the the will
A
codicil
18
Q
any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train)
A
common carrier
19
Q
non-legislated principles and rules of action predicated upon usages and customs
A
common law
20
Q
any fundamental or important law of edict
A
constitution
21
Q
where a party has a right to acquire actual custody/possession or the dead body although another party has actual physical possession
A
constructive custody/possession
22
Q
see medical examiner
A
coroner
23
Q
see dead human body
A
corpse
24
Q
the reduction of a dead human body to inorganic bone fragments by intense heat a specifically designed retort or chamber
A
cremation
25
an action in violation of constitution, statutes, or ordinances e.g. treason, felony, misdemeanor
crime
26
a legal process used by one wishing to collect a debt from an estate
creditors claim
27
funeral director becomes legal protector of dead human body from time of removal until final dispo
custodian
28
the body of a dead human being, deprived of life, but not yet entirely disintegrated
dead human body (corpse)
29
cessation of life, permanent cassations of all vital functions and signs
death
30
relationship to decedent of his relatives. each generation is one degree counting to a common ancestor
degree of kindred
31
a gift of real estate made by will
devise
32
one who inherits real estate under a will
devisee
33
the removal of a human remains previously buried in the earth
disinternment (exhumation)
34
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
35
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
36
a person, properly licensed who disinfects, preserves, or restores a dead human body
embalmer
37
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
38
the placing of remains in a crypt in a mausoleum
entombment
39
a governmental agency with environmental protection regulatory and enforcement authority
environmental protection agency / spa
40
forfeiture of a decedent's property to the state in the absence of heirs
escheat
41
the property of a deceased person, both real and or personal
estate
42
a set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct
ethics
43
a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executor
44
a woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executrix
45
see disinterment
exhumation
46
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
47
death of a product of conception prior to the complete expulsion or extraction from its mother
fetal death
48
the conclusive performance of services with respect to the dead human body
final disposition
49
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
50
a place of business used in the care and preparation for the funeral and or final disposition of dead human bodies
funeral establishment
51
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
52
the intentional failure to perform a manifest duty in reckless disregard of the consequences a affecting the life or property of another
gross negligent
53
a judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability
guardian
54
one who inherits or is entitled to receive, property by willow laws intestacy
heir
55
a will written entirely by the testator with his own hand
holographic will
56
the occupier of a house, one who owns or controls real estate where a death occurs
householder
57
the estate which passes from the decedent to his/her heirs
inheritance
58
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
59
the act of plain goth dead human body in the ground
interment
60
between two or more states
interstate
61
the state or condition of dying without having made a will
intestate
62
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
63
with in a state
intrastate
64
listing and valuation of a decedents assets by personal representative of the estate
inventory
65
a public officer who duties may include among other things the investigation of death. see Medical Examiner
justice of peace
66
one's relatives collectively, referring to blood relationship. (legally the spouse is not a kin)
kin
67
a rule of action prescribed by an authority able to enforce its will
law
68
see bequest
legacy
69
one who inherits personal property under a will
legatee
70
responsibility for wrongful acts or other debts
liability
71
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
72
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
73
automotive equipment made available for hire.
livery
74
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
75
improper or negligent professional act by a professional person
malpractice
76
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
77
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
78
a place where dead human bodies are kept until identified and or released for final disposition
morgue
79
a secured loan on a parcel of real estate
mortgage
80
an act showing inherent baseness or vileness or principle or action; shameful wickedness; depravity
moral turpitude
81
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
82
any altering or change made to a dead human body from the time of death, other than by natural causes
mutilation
83
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
84
a landowners use of property which interferes with the public or another landowners use of his property
nuisance
85
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
86
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
87
oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing
nuncupative will
88
a governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees
occupational safety and health administration
89
a law passed by a municipal governing body
ordinance
90
an act with complete disregard for proper conduct which transcends the bounds of common decency
outrageous act
91
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
92
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
93
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
94
person who represents and administers the estate of deceased persons i.e. executors and administrators
personal representative
95
inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens
police power
96
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
97
a decision of a court which is thereafter followed as an example by other courts
precedent
98
that facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies
preparation room
99
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
100
the process where the estate of a decedent is administered
probate
101
a court having jurisdiction over estates
probate court
102
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
103
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
104
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
105
the relationship existing between two states whereby each extends privileges of licensure to licensees of the other state
reciprocity
106
an action to recover possession of personal property
replevin
107
provision in a deed limiting the use of property and prohibiting certain uses
restrictive covenant
108
the omission or cancellation of an instrument, act, license, or promise
revocation
109
enactments by an administrative body within the jurisdiciton of that agency
rules and regulations
110
a debt which is supported by a pledge, mortgage, or lien on assets belonging to the debto
secured claim
111
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
112
an estate in which the assets exceed the liabilities
solvent estate
113
see doctrine of stare deceases
stare decisis
114
a law enacted by a federal or state legislative body
statute
115
law created by legislative bodies in contrast to law generated by judicial opinions and administrative bodies
statutory law
116
the condition of leaving a will at death
testate
117
a man who make a valid will
testator
118
a woman who makes a valid will
testatrix
119
a wrongful act committed by one person against another person or their property
tort
120
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
121
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
122
a model law to achieve uniformity in probate proceedings throughout the US
uniform probate code
123
a claim which is not supported by a pledge, mortgage, or lien on other assets
unsecured claim
124
the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, still births, marital status, etc
vital statistics
125
those drivers not under rt. direct control of the funeral director
volunteer driver
126
an instrument executed with required formality by a person making disposition of their property to take effect upon their death
will
127
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
