Funeral Service Law vocab Flashcards
abatement
a proportional reduction of a devise when estate assets are not sufficient to pay it in full
actual custody
the physical possession of the dead human body or other property
ademption
the extinction or withdrawal of the a device because decedent did not own the named property at the time of death
administrative agency
a governmental body created by legislation empowered to make and enforce rules and regulations
administrative law
the rules and regulations created by federal and state administrative agencies (OSHA, FTC, state board rules and regulations)
agent driver
those drivers under the directions and control of the funeral establishment which is liable for the drivers negligent actions
americans with disabilities act (ADA)
a federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services
apprenticeship / internship / resident training
the process by which a person engages in learning the practice of funeral directing and/or embalming under instruction, direction or personal supervision of a duly licensed funeral director/embalmer
bailee
a person who receives personal property from another as a bailment
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
bailor
a person who delivers personal property to another as a bailment
body parts
organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body
brain death
total and irreversible cessation of brain function as indicated by a flat EEG reading
building code
laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings
burial / interment / inhumement
the act of placing the dead human body in the ground
cadaver
a dead human body intended solely for scientific study and dissection
case law
appellate court decisions based on custom and usage and prior decisions
cemetery
an area of ground set aside and dedicated for the final disposition of dead human bodies
codicil
an addition or amendment of a last will and testament executed with the same formality of the will
common carrier
any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (ex. airline, train, etc)
constitution
the fundamental law that establishes the government, limits what government can and cannot do and states the underlying principles to which the government will conform
contract
a legally enforceable agreement
contract carrier
provides transportation for compensation only to those with whom it desires to do business (ex. livery service)
constructive custody
the situation whereby one a party has a right to acquire actual custody/possession of the dead bod although another party has actual physical possession
coroner
the public officer whose duty 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
corpse / dead human body
the body of a dead human being, deprived of life, but not yet entirely disintegrated
cremated remains
the final product remaining after completion of the entire cremation/pulverization process. the product is never referred to as “cremains”
cremation
the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
crematory
the location of the retort/cremation chamber which will perform the cremation process
crime
an action against society as a whole in violation of constitution, statues, or ordinances, ex. treason, felony, misdemeanor
custodian
status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition
death
the cessation of life; permanent cessation of all vital functions and signs
degree of kindred
relationship of decedent to blood relatives
devise
a gift of real or personal property by will
devisee
the person who receives a devise
disinterment / exhumation
the removal of a human remains from previous location of final disposition
due diligence
the attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation
durable power of attorney
a power of attorney that remains in effect after the disability or incapacity of the principal
embalmer
a person, properly licensed, who disinfects, preserves, and/or restores a dead human body
eminent domain
the inherent power of a government to take private property for public use. in the US just compensation to the property owners is required
entombment
the placing of remains in a crypt in a mausoleum
environmental protection agency (EPA)
a governmental agency with environmental protection regulatory and enforcement authority
escheat
forfeiture of a decedents property to the state in the absence of heirs
escrow account
in funeral service, a vehicle used to hold monies paid on prefunded contracts and beyond the control of the funeral director
estate
the property and debts of a deceased person, both real and/or personal
estrangement
the physical and/or emotional separation for a period of time showing the lack of affection, trust, and regard
federal trade commission (FTC)
an agency of federal government to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition
final disposition
the conclusive performance of services with respect to the dead human body by one of the legally recognized methods
funeral director / funeral service practitioner
a person properly licensed, engaged in, or conducting, or holding themself out as being engaged in preparing, other than by embalming, for the burial or disposition of dead human bodies
funeral establishment
a facility used in the care and preparation for the funeral and/or final disposition of dead human bodies
funeral service law / mortuary law / mortuary jurisprudence
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments
general power of attorney
a written instrument granting the agent broad powers to act for the principal
gross negligent act
the intentional failure or the reckless disregard of the consequences with respect to conduct affecting the life or property of another
guaranteed contract
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
guardian
a person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability
heir
one who inherits or is entitled to receive property by laws of intestacy
holographic will
a will written entirely by the hand of the testator
inheritance
the estate which passes from the decedent to heirs
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
interment
the act of placing the dead human in the ground
interstate
between 2 or more states
intestate
a state or condition of dying without having made a will; intestacy
intestate succession
the method used to distribute property owned by a person who dies without a valid will
intrastate
within a state
inventory
listing and valuation of a decedents assets by personal representative of the estate
invitee
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 directors services are some examples
irrevocable contract
an agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary
kin
ones relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin)
law
those rules of conduct commanding what is right and prohibiting what is wrong
liability
responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable
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)
livery
automotive equipment made available for hire
living will
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 a relatively short time, and which becomes effective when such person is no longer able to make decisions regarding their medical treatment
malpractice
failure to perform a professional service with the ability and care generally exercised by others in the profession
medical examiner
a forensically trained physician whose duty is to investigate questionable or unattended deaths (has replaced the coroner in many states)
mental anguish
a condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury
morgue
a place where dead human bodies are kept until identified and/or released for final disposition
mortgage
a secured loan on a parcel of real property
moral turpitude
an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity
mutilation
any altering or change made to a dead human body from the time of death, other than by natural causes
negligence
failure to exercise reasonable care
non guaranteed contract
agreement in which the funeral home promises to apply the amount pre paid plus any accruals 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 services are provided
nuisance
a landowners use of property which interferes with the public or another landowners use of their property
nuisance in fact
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 per se
acts, 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
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)
occupational safety and health administration (OSHA)
a governmental agency with the responsibility for regulation and enforcement of safety and health matters for most employees
ordinance
a law passed by a local municipal governing body (ex. zoning, building, safety, etc)
outrageous act
an act with complete disregard for proper conduct which transcends the bounds of common decency
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
personal representative
person who is appointed by the court to represent and administer the estate of deceased person
per stirpes
the method of proportionately dividing an state between beneficiaries according to their deceased ancestors share
police power
the inherent power of a government to make reasonable laws to protect safety, health, morals, and genera welfare of its citizens
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
preferred claim
a claim which is accorded a priority, advantage or privilege
pre funded funeral arrangements
funeral arrangements made in advance of need that include provisions for funding or prepayment
preparation room
that portion or location in a funeral establishment specifically designed and equipped for embalming and otherwise preparing dead human bodies
pre planned funeral arrangements
funeral arrangements made in advance of need that do not include provisions for funding or prepayment
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
private carrier
those who transport only in particular instances and only for those they choose to contract with (ex. funeral home vehicles and livery)
private cemetery
a cemetery owned by a private enterprise such as a corporation for profit, a non profit corporation, partnership, sole owners, religious orders, etc
probate
the process of administering the estate and determining the validity of a will
probate court
a court having jurisdiction over estates
provate estate
the property and debts of a decedent that is subject to administration by the personal representative of an estate
public cemetery
a cemetery owned by a governmental unit (federal, state, or municipal)
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
reciprocity
the relationship existing between 2 states whereby each extends some privileges of licensure to licensees of the other state
replevin
an action to recover possession of wrongfully withheld personal property
restrictive covenant
provision in a deed limiting the use of real property and prohibiting certain uses
revocable contract
agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law
revocation
the omission or cancellation of an instrument, act, license, or promise
rules and regulations
laws created by an administrative agency within its jurisdiction
secured claim
a debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor
solvent estate
an estate in which the assets exceed the liabilities
springing power of attorney
a written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring
stare decisis
a policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same
statute
a law enacted by a legislative body
testate
the condition of leaving a will at death
testator
a person who makes a valid will
3rd party contracts
agreements with are incident to providing services and merchandise other than by the funeral establishment ex. caskets, vaults, urns, cremation services, etc
tort
a private or civil wrong against a person or their property, other than by breach of contract, for which there may be action for damages
trespasser
one who intentionally and without consent or privilege enters another’s property
trust account
account established by one individual to be held for the benefit of another (is a method of payment for funeral expenses); creates a fiduciary responsibility. money paid to a funeral home for future services is placed in an account with the funeral home as trustee for the benefit of another
trustee
one who holds title to property or another position of trust to a beneficiary
uniform anatomical gift act (UAUG)
a law permitting competent persons or others to give gifts of all or any part of the body to take effect upon death
uniform probate code
a model law intended to achieve uniformity in probate proceedings throughout the US
unsecured claim
a claim which is not supported by a pledge, mortgage or lien on other assets
vital statistics
the registration, preparation, transcription, collection, complication and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc
volunteer driver
those drivers not under the control of the funeral director
will
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death
zoning ordinance
a law passed by a local unit of government which regulates and prescribes the land use planning
