Glossary: Funeral Service 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 rules and 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 (e.g., OSHA, FTC, state board rules and regulations)
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 for the driver’s negligent actions
Agent driver
A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunication services, and public accommodations and services operated by private entities
Americans with Disabilities Act (ADA)
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 person who receives 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 transplantation. After removal of a body part, without necessary mutilation, the custody of the remainder of 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 or 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
The absence of all vital signs
Clinical death (legal death)
An addition or amendment of a last will and testament executed with the same formality of the will
Codicil
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (e.g. airline, train, etc…)
Common carrier
Non legislated principles and rules of action predicated upon usages and customs
Common law
Any fundamental or important law or edict
Constitution