MRTS 2335 Mortuary Law Glossary
Mortuary Law
(Funeral Service Law) That branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishment.
Lien
A charge against real property that provides security for a debt or an obligation of the property owner.
Funeral Director
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.
Bailee
A person who receives personal property from another as a bailment.
Clinical death
A phase of somatic death lasting from 5-6 minutes during which life may be restored.
Holographic Will
A will written entirely by the testator with his own hand.
moral turpitude
An act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.
Codicil
An addition or amendment of a last will and testament executed with the same formality as the will.
Federal Trade Commission (FTC)
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.
Contract
An agreement between two or more parties that is enforceable in court
cemetery
An area of ground set aside and dedicated for the final disposition of dead human bodies.
Disinterment
Exhumation; removal of a body from a grave.
Heir
One who inherits, or is entitled to receive, property by will or laws intestacy.
Ademption
The extinction or withdrawal of an inheritance because decedent did not own the property at the time of death.
Negligence
The failure to exercise ordinary care, omission to do something which a reasonable prudent person would do under ordinary or similar circumstances.
Cremation
The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber.
Cadaver
a dead human body intended solely for the final disposition of dead human bodies
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.
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 treatment
Funeral Establishment
a facility used in the care and preparation for the funeral and/or final disposition of dead human bodies.
Americans with Disabilities Act
a federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities
Medical Examiner
a forensically trained physician whose duty is to investigate questionable or unattended deaths (has replaced the coroner in some states)
Bequest (legacy)
a gift of personal property by will
Devise
a gift of real estate; the transferring of real property
envrionmental protection agency
a governmental agency with environmental protection regulatory and enforcement authority
Guardian
a judicial appointment of a person to administer 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 the public or another landowner's use of his property
durable power of attorney
a legal agreement that allows an agent or representative of the patient to act on behalf of the patient in the event they become incapacitated
Bailor
a person who delivers personal property to another as a bailment
Embalmer
a person, properly licensed, who disinfects, preserves, or restores a dead human body
Morgue
a place where dead human bodies are kept until identified and/or released for final disposition
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 the Peace
a public officer whose duties in some jurisdictions may include among other things the investigation of death
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
mortgage
a secured loan on a parcel of real estate
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.
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 death occurs.
Crime
an action in violation of constitution, statues or ordinances
Irrevocable Contract
an agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary
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.
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.
Mutiliation
any altering or change made to a dead human body from the time of death, other than by natural causes.
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.)
Case law
appellate court decisions that establish precedented principles
Intern
apprentice
Livery
automotive equipment made available for hire
Legacy
bequest
Interstate
between two or more states
Inhumement
burial
Dead Human Body
corpse
Exhumation
disinterment
Escheat
forfeiture of a decedent's property to the state in the absence of heirs
Funeral Service Practitioner
funeral director
Malpractice
improper or negligent professional act by a professional person
Body Parts
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 unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition.
Building code
laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings.
Inventory
listing and valuation of a decedent's assets by personal representative of the estate
Mental Anguish
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.
Common Law
non-legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community
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 director's services are some examples.
Legatee
one who inherits personal property under a will
Kin
one's relatives collectively; referring to blood relationship. (Legally, the surviving spouse is not a kin.)
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).
Executor/Executrix
person (man, woman) named in a will to administer the estate of the decedent
apprentice
person engaged in learning the practice of funeral directing and/or embalming under instruction, direction or personal supervision of a licensed funeral director and/or embalmer
contract carriers
provides transportation for compensation only to those with whom it desires to do business
Degree of Kindred
relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor
liability
responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable.
Custodian
status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition.
Funeral Service Law
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments.
Burial (interment/inhumement)
the act of placing the dead human body in the ground
Interment
the act of placing the dead human body in the ground
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.
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)
Death
the cessation of life; permanent cessations of all vital functions and signs
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
Corpse
the dead body of a human being, deprived of life, but not yet entirely disintegrated
Inheritance
the estate which passes from the decedent to his/her heirs
Cremated Remains
the final product remaining after completion of the entire cremation/pulverization process. The product is never referred to as "cremains".
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
Gross negligent act
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
Crematory
the location of the retort/cremation chamber which will perform the cremation process.
Intestate Succession
the method used to distribute property owned by a person who dies without a valid will
Householder
the occupier of a house; one who owns or controls real estate where a death occurs.
Devisee
the person who receives real property through the process of a devise.
Estrangement
the physical and/or emotional separation for a period of time showing the lack of affection, trust and regard.
Actual custody
the physical possession of the dead human body or other property
Entombment
the placing of remains in a crypt in a mausoleum
Estate
the property of a deceased person, real and personal
eminent domain
the right of a government or its agent to expropriate private property for public use, with payment of compensation.
Constructive Custody
the situation whereby one a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
Intestate
the state or condition of dying without having made a will
Agent Driver
those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions
Law
those rules of conduct commanding what is right and prohibiting what is wrong
brain death
total and irreversible cessation of brain function as indicated by a flat EEG reading
intrastate
within a state
Administrative Agency
A governmental body created by legislation empowered to regulate an industry and issue rules and regulations.
Administrator/Administratrix
A person appointed by the court to handle the affairs of a deceased person when there is no will.
