Funeral Service Law: Mortuary Law Flashcards
(187 cards)
1
Q
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
A
Abatement
2
Q
The physical possession of the dead human body
A
Actual Custody of the Body
3
Q
The extinction or withdrawal of an inheritance because decedent did not own the property at the time of death
A
Ademption
4
Q
A governmental body created by legislation empowered to regulate an industry an issue rules and regulations
A
Administrative Agency
5
Q
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
A
Administrative Law
6
Q
A man who has been appointed by the court to settle an estate
A
Administrator
7
Q
A woman who has been appointed by the court to settle an estate
A
Administratrix
8
Q
Those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions
A
Agent Driver
9
Q
Unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains, and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials
A
Alternative Container
10
Q
Price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons, for agreements with religious groups, burial or memorial societies for members of their group
A
Alternative Price Lists
11
Q
A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications, services, and public accommodations and services operated by private entities
A
Americans with Disabilities Act aka ADA
12
Q
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
A
Apprentice aka Intern aka Resident Trainee
13
Q
A person who receives personal property from another as a bailment
A
Bailee
14
Q
A delivery of personal property by one person (bailor) to another (bailee) who holds the property for a certain purpose under an express or implied in fact contract
A
Bailment
15
Q
A gift of personal property by will
A
Bequest aka Legacy
16
Q
Int eh uniformed anatomical gift act 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
A
Body Parts
17
Q
Total and irreversible cessation of brain function as indicated by a flat EEG reading
A
Brain Death
18
Q
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use of appearance of buildings
A
Building Code
19
Q
This form of insurance is fading fast from the funeral scene. Life insurance payable in merchandise and service or as a credit toward merchandise and service, with a lesser benefit often payable in cash when the person dies and final disposition occurs outside the service area of the funeral establishment that services that burial association
A
Burial Insurance
20
Q
A dead human body intended solely for scientific study and dissection
A
Cadaver
21
Q
Appellate court decisions that establish precedented principles
A
Case Law
22
Q
Any item of service or merchandise described to a purchaser as a cash advance, accommodation, cash disbursement, or similar term. Any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf.
A
Cash Advance Items
23
Q
Rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric
A
Casket
24
Q
Charge, fee, or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider
A
Casket Handling Fees
25
Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering
Casket Price List aka CPL
26
Must include retail price and enough descriptive information to enable consumers to identify the merchandise
Casket Price List
27
The absence of all vital signs
Clinical Death aka Legal Death
28
An addition or amendment of a last will and testament executed with the same formality as the will
Codicil
29
Commission refers to the
Federal Trade Commission
30
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid
Common Carrier
31
Non-legislated principles and rules of action predicated upon usages and customs
Common Law
32
Any fundamental or important law of edict
Constitution
33
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
34
Provides transportation for compensation only to those with whom is desires to do business
Contract Carrier
35
An official of a local community who holds inquests concerning sudden, violent, and unexplained deaths
Coroner
36
The legal term for the dead human body
Corpse
37
The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
Cremation
38
Any person, partnership, or corporation that performs cremation and sells funeral goods
Crematory
39
An action in violation of constitution, statutes, or ordinances
Crime aka Criminal Act
40
A legal process used by one wishing to collect a debt from an estate
Creditor's Claim
41
Funeral director becomes legal protector of dead human body from time of removal until final disposition
Custodian
42
The body of a dead human being, deprived of life, but not yet entirely disintegrated which may include cremated remains
Dead Human Body
43
The cessation of life; permanent cessations of all vital functions and signs
Death
44
Relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor
Degree of Kindred
45
A gift of real estate made by will
Devise
46
One who inherits real estate under a will
Devisee
47
Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present
Direct Cremation
48
The removal of a human remains previously buried in the earth
Disinterment aka Exhumation
49
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
50
The attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation
Due Diligence
51
Exists when 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
52
Date that the specific price list was put into use
Effective Date
53
A person, properly licensed, who disinfects, preserves, or restores a dead human body
Embalmer
54
The inherent power of a government to take private property for public use. In the US just compensation to the property owners is required
Eminent Domain
55
The placing of a remains in a crypt in a mausoleum
Entombment
56
A governmental agency with environmental protection regulatory and enforcement authority
Environmental Protection Agency aka EPA
57
Forfeiture of a decedent's property to the state in the absence of heirs
Escheat
58
The property of a deceased person, both real and/or personal
Estate
59
A set of moral principles or values governing individuals or groups; conforming to accepted professional standards o conduct
Ethics
60
A man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
Executor
61
A woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
Executrix
62
Situation requiring immediate action or urgency; FTC recognized that funeral provider might embalm without permission
Exigent Circumstances
63
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 aka FTC
64
Death of a product of conception prior to the complete expulsion or extraction from its mother
Fetal Death
65
The conclusive performance of services with respect to the dead human body
Final Disposition
66
These synonymous terms indicate that the funeral which has been prearranged and prefunded will be provided whether or not the funds entrusted plus any accrual on them are sufficient to pay for the funeral selected regardless of its price at the time of death
Fixed or Guaranteed Price
67
One of the categories required to be itemized on the GPL if the funeral provider offers the service. Involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider as selected by the family
Forwarding of Remains
68
None of the 16 items required to be separately itemized on the GPL can be listed as
Free items or no charge
69
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 the dead human bodies
Funeral Director
70
Service commemorating the deceased with the body present
Funeral Ceremony
71
A place of business used in the care and preparation for the funeral and/or final disposition of dead human bodies
Funeral Establishment
72
Goods which are sold or offered for sale directly to the public for use in connection with funeral services
Funeral Goods
73
Life insurance payable in cash to any designated beneficiary for use in any manner chosen, but not necessarily intended to be applied toward funeral expenses. Most such is provided by carriers not owned by a funeral home although many funeral homes endorse a specific carrier or plan
Funeral Insurance
74
Any person, partnership, or corporation that sells or offers to sell funeral goods and funeral services to the public
Funeral Provider
75
That branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishment
Funeral Service Law aka Mortuary Law aka Mortuary Jurisprudence
76
Any services which may be used to:
1) Care for and prepare deceased human bodies for burial, cremation or other final disposition and
2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies
Funeral Services
77
An instrument in writing authorizing one person to do anything for the principle.
General Power of Attorney
78
Printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices.
General Price List
79
This is considered the keystone of the funeral rule
General Price List
80
Ceremony commemorating the deceased at place of final disposition
Graveside Service
81
The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
Gross Negligent
82
A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability
Guardian
83
One who inherits, or is entitled to receive, property by will or laws intestacy
Heir
84
A will written entirely by the testator with his own hand
Holographic Will
85
The occupier of a house; one who owns or controls real estate where a death occurs
Householder
86
Disposition of human remains by burial, without formal viewing, visitation, or ceremony, with the body present, except for a graveside service
Immediate Burial
87
The estate which passes from the decedent to his/her heirs
Inheritance
88
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
89
Method of price quotation by which each unit of service and/or merchandise is priced separately
Itemization
90
The act of placing the dead human body in the ground
Interment
91
Between two or more states
Interstate
92
The state or condition of dying without having made a will
Intestate
93
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
94
Within a state
Intrastate
95
Listing and valuation of a decedent's assets by personal representative of the estate
Inventory
96
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
Invitee
97
A public officer whose duties may include among other things the investigation of death
Justice of the Peace
98
One's relatives collectively; referring to blood relationship
Kin
99
Legally, the ____________ is not kin
Surviving Spouse
100
A rule of action prescribed by an authority able to enforce its will
Law
101
One who inherits personal property under a will
Legatee
102
Responsibility for wrongful acts or other debts
Liability
103
A claim or change against property for payment of some debt
Lien
104
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
105
Automotive equipment made available for hire
Livery
106
You can put property into this while you are still alive
Living Trust
107
When you die, the property in the living trust automatically goes to whom without going through probate court which can be very time consuming and expensive
Heirs
108
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
109
Improper or negligent professional act by a professional person
Malpractice
110
Statements required by the Rule which cannot be modified or edited and must appear in a clear and conspicuous manner
Mandatory Disclosures
111
An official elected or appointed to investigate suspicious or unnatural death
Medical Examiner
112
Ceremony commemorating the deceased without the body present
Memorial Service
113
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
114
A place where dead human bodies are kept until identified and/or released for final disposition
Morgue
115
A secured loan on a parcel of real estate
Mortgage
116
An act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity
Moral Turpitude
117
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 aka Mortuary Jurisprudence aka Funeral Service Law
118
Any altering or change made to a dead human body from the time of death, other than by natural causes
Mutilation
119
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
Negligence
120
Basic Services is the only fee which the consumer cannot decline. Funeral Provider should recover expenses for services, facilities, or unallocated overhead in this charge
Non-Declinable Service Fee
121
A landowner's use of property which interferes with the public or another landowner's use of his property
Nuisance
122
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 in fact
123
Act, occupations, or structures which are nuisances at all times and under all circumstances. May be prejudicial to public morals, dangerous to life, or injuirious to public rights
Nuisance per se
124
Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing
Nuncupative Will
125
A governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees
Occupational Safety and Health Administration aka OSHA
126
A law passed by a municipal governing body
Ordinance
127
Any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners
Outer Burial Container
128
Printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering
Outer Burial Container Price List (OBC PL)
129
An act with complete disregard for proper conduct which transcends the bounds of common decency
Outrageous Act
130
Use of a single dollar amount to identify the charge for a group or bundle of goods and/or services
Package Pricing
131
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
132
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
133
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
Per Stirpes
134
Any individual, partnership, corporation, association, government or government subdivision or agency or other entity
Person
135
Person who represents and administers the estate of deceased person
Personal Representative
136
The inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens
Police Power
137
Contract which are portable provide that when death occurs and the funeral is conducted by a firm other than the one with which there is a contract, the contract and funds will be transferred to the other establishment to be fulfilled
Portability of a Contract
138
An instrument in writing authorizing one person to act as an agent for another. Revoked on death of principal by operation of law.
Power of Attorney
139
A funeral arrangement made prior to need involving the written specification of what is desired, as well as the possible selection of merchandise. Does not involve payment of money
Prearranged
140
Prearrangemnet for a funeral and payment for it at the time of prearrangement or on an installment basis
Prearranged and Prefunded
141
A decision of a court which is thereafter followed as an example by other courts
Precedent
142
The providing of funds for a funeral in advance of need which are deposited or placed not necessarily in association with a prearranged funeral
Prefunded
143
A term used in reference to any aspect of prearranging, prefunding, or preplanning. It encompasses the entire subject
Preneed
144
That facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies
Preparation Room
145
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
Private Carrier
146
The process where the estate of a decedent is administered
Probate
147
The property of a decedent that is subject to administration by the executor or administrator of an estate
Probate Estate
148
A court having jurisdiction over estates
Probate Court
149
An individual or firm providing the services, facilities, and merchandise for the funeral which has been prearranged and.or prefunded
Provider
150
A fictional contract created or implied by a Court for a person who is unable to contract for himself
Quasi Contract
151
An obligation which law creates in the absence of agreement
Quasi Contract
152
This is invoked by courts where there is unjust enrichment
Quasi Contract
153
The function of this is to raise obligation in law where in fact the parties made no promises
Quasi Contract
154
The accepted theory of the legal status of a dead human body.
Quasi-Property Theory
155
Rights associated with the body are as if it were property for the purpose of disposition only
Quasi-Property Theory
156
One of the categories required to be itemized on the GPL; involves services of the funeral provider after initial services have been provided by another firm at the locale of death
Receiving Remains
157
The relationship existing between two states whereby each extends privileges of licensure to licensees of other states
Reciprocity
158
An action to recover possession of personal property
Replevin
159
Provision in a deed limiting the use of property and prohibiting certain uses
Restrictive Covenant
160
The omission or cancellation of an instrument, act, license, or promise
Revocation
161
Enactments by an administrative body within the jurisdiction of that agency
Rules and Regulations
162
A debt which is supported by a pledge, mortgage, or lien on assets belonging to the debtor
Secured Claim
163
A person who contracts to have available funeral services and/or merchandise.
Seller
164
Basic services, not to be included in prices of other categories that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices
Services of Funeral Director and Staff
165
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
166
An estate in which the assets exceed the liabilities
Solvent Estate
167
Itemized written statement provided for retention to each person who arranges a funeral or other disposition. Must include the goods and services selected and prices paid for each, itemization of cash advance items, and the total cost
Statement of Funeral Goods and Services
168
A law enacted by a federal or state legislative body
Statute
169
Law created by legislative bodies in contract to law generated by judicial opinions (case law) and administrative bodies
Statutory Law
170
Funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information
Telephone Price Disclosure
171
The condition of leaving a will at death
Testate
172
A man who makes a valid will
Testator
173
A woman who makes a valid will
Testatrix
174
Funeral goods consumers purchase from a source other than the price list/funeral provider
Third Party Merchandise
175
A wrongful act committed by one person against another person or their property
Tort
176
One who intentionally and without consent or privilege enters another's property
Trespasser
177
Occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting
Triggering Event
178
Monies deposited for a funeral arranged and contracted for in advance of need. Said funds earn interest which could offset the effect of inflation on the price of the selection made. The contract could be either guaranteed or non-guaranteed
Trust Funds
179
One who holds title to property or another position of trust to a beneficiary; in all funeral arrangements, the person who has right to control funeral does so on behalf of all survivors
Trustee
180
Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service
Tying Arrangements
181
A law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives the right to another
Uniform Anatomical Gift Act
182
A model law to achieve uniformity in probate proceedings throughout the U.S.
Uniform Probate Code
183
A claim which is not supported by a pledge, mortgage, or lien on other assets
Unsecured Claim
184
The registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc
Vital Statistics
185
Those drivers not under the direct control of the funeral director
Volunteer Driver
186
An instrument executed with required formality by a person making disposition of their property to take effect upon their death
Will
187
A law passed by a municipality by virtue of 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
