Vocab- Funeral Service Law: Mortuary Law Flashcards
A proportional reduction of a legacy under a will when assets out of such legacy are payable and 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 the 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. (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 drives under the directions and control of the funeral establishment which is liable for the 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 duty 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 transportation. After 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 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
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 as 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, etc.).
Common Carrier
Non-legislated principles and rules of action predicted 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 of the dead body although another party has actual physical possession.
Constructive Custody/Possession
An action in violation of constitution, statutes, or ordinances, e.g. treason, felony, misdemeanor.
Crime (Criminal Act)
A legal process used by one wishing to collect a debt from an estate.
Creditor’s Claim
Funeral director becomes legal protector of a dead human body from the time of removal until final disposition.
Custodian
The body of dead human being, deprived of life, but not yet entirely disintegrated.
Dead Human Body (Corpse)
The cessation of life, permanent cessations 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
The removal of dead human remains previously buried in the earth.
Disinterment (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 things decided.
Doctrine of Stare Decisis
Exists when a 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 for public use. In the U.S. just compensation to the property owners 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 read and/or personal.
Estate
A set or moral principals or values governing individuals or groups; conforming to accepted professional standards of conduct.
Ethics
A man appointed by the will of the 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
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 (FTC)
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 t 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 international failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
Gross Negligence
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 will or 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 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.
Intestate
The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will.
Intestate Succession
Within a state.
Intrastate
Listing and valuation of a decedent’s assets by personal representative of the estate.
Inventory
A public officer whose duties may include among other things the investigation of death.
Justice of Peace
One’s relatives collectively; referring to blood relationship. (Legally, the surviving spouse is not a kin).
Kin
A rule of action prescribed by an authority able to enforce its will.
Law
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 cannot be one 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 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 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 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 of vileness of 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 establishments.
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 (exercised by a wrongdoer who has not acted as a reasonable person would).
Negligence
A landowner’s use of property which interferes with the public or another landowner’s use of his property.
Nuisance
Act, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location of 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 afterwords reduced to writing (not valid in all states).
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 (OSHA)
A law passed by a municipal governing body (e.g. zoning, building, safety ordinances, etc.)
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, all of whom stand in equal degree to the decedent.
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
The method of dividing an estate where a class or group of distributes take the share which their deceased would have been entitled to had the deceased survived.
Per Stirpes
Person who represents and administers the estate of deceased persons i.e. executors and administrators.
Personal Representative
The 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. Revoked on death of principal by operation of law. Can be general (full) or special (limited).
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 the chose 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 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 (i.e. medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment. Function is to raise obligation in law where in fact the parties made no promises.
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 jurisdiction of that agency.
Rules and Regulations
A debt which is supported by pledge, mortgage or lien on assets belonging to the debtor.
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
A law enacted by a federal or state legislative body.
Statute
Law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
Statutory Law
The condition of leaving a will at death.
Testate
A man who makes a valid will.
Tastator
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 the funeral does so on behalf of all survivors.
Trustee
A law permitting a person of legal age and sound mind to give al or any part of his body to take effect upon his/her death or gives the right to another.
Uniform Anatomical Gift Act
A model law to achieve uniformity in probate proceedings throughout the U.S.
Uniform Probate Code
A claim which is not supported by pledge, mortgage, or lien on other assets.
Unsecured Claim
The registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc.
Vital Statistics
Those drives not under the 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 o 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
