FSE Law

fedeal trade commission/ftc

an agency of federal govement created in 1914 to promote free and fair competion by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition

general power of attorney

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.

power of attorney

an insturment in writing authorizing one person to act as agent for another. Power of attorney is revoked on death or principle by operation of law. Power of attorney can be general (full) or special (limited)

mutilation

any alterin, or change made to a dead human body from the time of death, other than by natural causes; altering of an object of dead human body from its original condition

common carrier

any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc)

constitution

any fundamental or important law or edict

case law

appellate court decisions that establish precendent priciples

livery

automotive equipment made available for hire

interstate

between states

personal service contract

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

fetal death

death of a product of conception prior to the complete expulsion or extraction from it's mother

durable power of attorney

exists when a person executes a power of attoreny which will become or remain efffective in the event he or she should later become disabled

negligence

failure to exercise ordinary care, omission to do something which a resonable prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent would not do; the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would)

escheat

forfeiture of a decedent's property to the sate in the absence of heirs

custodian

funeral director becomes legal protector of dead human body from time of removal until final disposition

intestate succession

the succession of an heir at law to the property and estate of his ancestor when the latter has died without a will

agent driver

those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions

brain death

total and irreversible cessation of brain function as indicated by a flat EEG reading

constructive custody/possession

where a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession

intrastate

within a state

administrator

a man who has been appointed by the court to settle an estate

Apprentice/intern/resident trainee

a person engaged in learning the practice of funeral directiong and or embalming, under instruction, direction, or personal supervision of a duly licensed funeral director or embalmer

funeral director

a person properly licensed, enganged in, or conducting or holding him/herself out as being enagagedin: 1. preparing, other than by embalming, for the burial or disposition of dead human bodies, and or 2. maintaining or operating a funeal establishment for the preparation a disposition or for the care of dead human bodies

bailor

a person who delivers personal property to another as a bailment; the party who gives up possesion but, not title, or property in a bailment

bailee

a person who receives personal property from another as a bailment; the party who acquires possession but not the title of personal property in a bailment

emblamer

a person, properly licensed, who disinfects, preserves, or restores a dead human body

funeral establishment

a place of business used in the care and preparation for the funeral and or final disposition of dead human bodies

morgue

a place where dead human bodies are kept until identified and or released for final disposition

doctrine of stare decisis

a policy of courts to stand by a precedent and apply it to all future cases where the facts are substaintially the same. to stand by things decided. stand by the decision

abatement

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.

Justice of Peace

a public officer whose duties may include amoung other things the investigation of death (see medical examiner)

medical examiner/coroner

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 attendanceq

coroner

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 (see medical examiner and justice of the peace)

law

a rule of action prescribed by an authority able to enforce its will

mortgage

a secured loan on a parcel of real estate

holographic will

a will written entirely by the testator with his own hand

executrix

a woman appointed by the will of a deceased person to carry out the provisions therof and settle the estate

administratix

a woman who has been appointed by the court to settle an estate

nuisance in fact

act, occupations or structures which are not nuisances per se, but may become nuisances by reason ofthe location or manner in which it is operated

nusiance per se

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 pblic rights

moral turpitude

an act showing, inherent baseness or vileness of principle or action; shameful wickedness-depravity; crime involving a willful wrongdoing, usually a felony

outrageous act

an act with complete disregard for proper conduct which transcends the bounds of common decency

crime

an action in violation of constitution, statues, or ordinances ex. treason, felony, misdemenor

codicil

an addition or amendement of a last will and testament executed with the same formality

disinterment /exhumation

the removal of a human remains previously buried in the earth

exhumation/disinterment

the removal of a human remains previously buried in the earth

interstate

the state of condition of dying, without having made a will

householder

the occupier of a house-one who owns or controls real esate where a death occurs

acutal custody of the body

the physical possession of the dead human body

entombment

the placing, of a remins in a crypt in a mausoleum

estate

the property of a deceased person, both real and or personal

cremation

the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber

per stripes

the method of dividing, an estate where a class or group of defedents take the share which their deceased would have been entitlted to had their deceased survived

lien

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)

cadaver

a dead human body intended solely for scientific study and dissection

precedent

a decision of a court which is thereafter followed as an example in subsequent similar cases

bailment

a delivery of personal property by one person(the bailor) to another (the bailee) who holds the property for a certain purpose under and express or implied-in-fact contract

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 when such person is no longer able to make decisions regarding his/her medical treatement

Americans with Disabilities Act/ADA

a federal statue prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities

bequest/legacy

a gift of personal property by will

devise

a gift of real estate made by will

environmental protection agency/epa

a govemental agency with environmental protection regulatory and enforcement authority

occupational safety and health adminstration/osha

a govermental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees

adminstrative agency

a govermental body created by legislation empowered to regulate an industry and issue rules and regulations, and appointed govermental body charged with implementing

guardian

a judicial appointment of a person to admister the affairs of another person who is incompetent by virtue of age or legal disability

nuisance

a landowner's use of property which interferes with public or another landowner's use of his property

ordinance

a law passed by a local municipal governing body (ex. zoining, building, safety, etc.)

creditor's claim

a legal process used by one wishing to collect a debt from an estate

executor

a man appointed bythe will of a deceased person tocarry out theprovisions thereof and settle the estate

malpractice

improper or negligent professional act by a professional person

body parts

in the Uniform 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 unnecssary mutilation, th custody of the remainder of the body rests with the person who otherwise has the right to control final disposition. Brain death-total and irreversible ceasation of brain function as indicated by a flat EEG reading

Building code

laws, ordinances and goverment regulations settting, forth requirements for construction, maintenance, operations, occupancy, use or appearance of buildings

inventory (in Probate)

listing, and valuation of a decedent's assets by personal represenative of the estate

mental anguish

mental suffering, resulting from grief, severe disappointement, indignation, wounded pride, shame, public humiliation, despair, etc, usually accompanied by physical injury or by an outrageous international or grossly negligent act

common law

non legislated priciples and rules of action predicated upon usuages and customers; a system of jurisprudence based on judicial precedents rather than statutory laws

legatee

one who inherits personal property under a will

devisee

one who inherits real estate under a will

heir

one who inherits, or is entitled to receive property by will or laws intestacy

Kin

one's relatives collectively; referring to blood relationship (legally, the surviving, spouse is not a kin)

nuncupative will

oral will declared or dicated by testator during last illness before appropriate witnesses to dispose of personal propertya and afterwards reduced to writing, (not valid in all states)

personal represenative

person who represents and administers the estate of deceased person ex. executors and administors

degree of kindred

relationship to decedent of his relatives; each generations is one degree, counting to a common ancestor

liability

responsibility for wrongful acts or other debts

funeral service law (mortuary law/mortuary jurisprudence)

that branch of law which relates to matters concerned with the disposal of the dead and regualtion of funeral directors/emblamers and funeral establishment

clinical death /legal death

the absence of all vital signs

interment

the act of placing the dead human body in the ground

due dilligence

the attention reasonably expected from and oridinarily exercised by a person who seeks to satisfy a legal requirement or to do discharge an obligation

dead human body/corpse

the body of a dead human being, deprived of life, but not yet entirely disintegrated

corpse

the body of a dead human being, deprived of life, but not yet entirely disintegrated. (see dead human body)

administrative law

the 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 and regulations)

death

the cessation of life; permanent cessations of all vital functions and signs

live birth

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

final disposition

the conclusive performance of services with respect to the dead human body

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

inheritance

the estate which passes from the decedent to his/her heirs

ademption

the extinction or withdrawal of an inheritance because decedent did not own the property at the time of death

eminent domain

the inherent power of a goverment to take private property for public use. in the u.s. just compensation to the property owners is required

police power

the inherent power of every goverment to make resonable laws to protect the safetly, health, morals and general welface of its citizens

gross negligent

the intentional failure to perform a manifest duty in reckless disregaurd of the consequences as affecting the life or property of another

per capita

the method of dividing an estate by which an equal share i given to each of a number of persons, all of whom stand in equal degree to the decedent