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