Funeral Service Law: Mortuary Law Vocab Test 3

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.)

Probate Court

A court having jurisdiction over estates.

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 by other courts.

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.

Quasi Contract

A fictional contract created or implied by a Court for a person who is unable to contract for himself (1.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.

Bequest (Legacy)

A gift of personal property by will.

Funeral Director

A person properly licensed, engaged in, or conducting, or holding himself our ad 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.

Embalmer

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 that facts are substantially the same. To stand by things decided.

Abatement

A proportional reduction of legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full.

Justice of Peace (Medical Examiner/Coroner)

A public officer whose duties may include among other things the investigation of death. 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.

Law

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

Mortgage

A secured loan on a parcel of real estate.

Ethics

A set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct.

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 thereof and settle the estate.

Administratrix

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 of the location or manner in which it is operated.

Nuisance 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 public rights.

Moral Turpitude

An act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.

Outrageous Act

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

Crime (Criminal Act)

An action in violation of constitution, statutes, or ordinances, e.g., treason, felony, misdemeanor.

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.

Power of Attorney

An instrument in writing authorizing one person to act as agent for another. Is revoked on death of principal by operation of law. Can be general (full) or special (limited).

General Power of Attorney

An instrument in writing authorizing one person to do anything for the principal.

Mutilation

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.).

Constitution

Any fundamental or important law of edict.

Case Law

Appellate court decisions that establish precedented principles.

Livery

Automotive equipment made available for hire.

Interstate

Between two or more 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 would recognize that any breach will usually cause anguish.

Fetal Death

Death of a product of conception prior to the complete expulsion or extraction from its mother.

Durable Power of Attorney

Exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled.

Negligence

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).

Escheat

Forfeiture of a decedent's property to the state in the absence of heirs.

Custodian

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

Malpractice

Improper or negligent professional act by a professional person.

Body Parts

In the Uniformed Anatomical Gift Act defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of 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.

Building Code

Laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use of 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.

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 dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states).

Personal Representative

Person who represents and administers the estate of deceased persons i.e., executors and administrators.

Degree of Kindred

Relationship to decedant of his relatives; each generation is one degree, counting to a common ancestor.

Liability

Responsibility for wrongful acts or other debts.

Administrative Law

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)

Mortuary Law/Mortuary Jurisprudence/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.

Preparation Room

That facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies.

Clinical Death/Legal Death

The absence of vital signs.

Quasi-Property Theory

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.

Interment

The act of placing the dead human body in the ground.

Dead Human Body (Corpse)

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

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 government 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 government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.

Gross Negligent

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

Per Capita

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 Stirpes

The method of dividing an estate where a class or group of distributees take the share which their deceased would have been entitled to had their deceased survived.

Householder

The occupier of a house; one who owns or controls real estate where a death occurs.

Actual Custody of the Body

The physical possession of the dead human body.

Entombment

The placing of a remains in a crypt in a mausoleum.

Probate

The process where the estate of a decedent is administered.

Estate

The property of a deceased person, both real and/or personal.

Probate Estate

The property of a decedent that is subject to administration by the executor or administrator of an estate.

Cremation

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

Reciprocity

The relationship existing between two states whereby each extends privileges of licensure to licensees of the other state.

Disinternment (Exhumation)

The removal of a human remains previously buried in the earth.

Intestate

The state or condition of dying without having made a will.

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.

Private Carrier

Those who transport only in particular instances and only for those they chose to contract with funeral home vehicles and livery; as opposed to common carrier.

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.

Devise

A gift of real estate made by will.

Environmental Protection Agency (EPA)

A governmental agency with environmental protection regulatory and enforcement authority.

Occupation Safety and Health Administration (OSHA)

A governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees.

Administrative Agency

A governmental body created by legislation empowered to regulate an industry and issue rules and regulations.

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.

Ordinance

A law passed by a municipal governing body (e.g. zoning, building, safety ordinances, etc.).

Creditor's Claim

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

Executor

A man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.

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 directing and/or embalming under instruction, direction or personal supervision of a duly licensed funeral director and/or embalmer.