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Mortuary Law
A survey of the topics and terms covered in FSE 108 -- Funeral Service Law & Ethics
92
Law
Undergraduate 2
12/09/2010

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Cards

Term
Negligence
Definition
Failure to exercise ordinary care; omission to do something which a reasonable person would not do; lack of due care.
Term
Common carrier
Definition
A carrier required by law to convey passengers without refusal if the approved fare is paid.
Term
Body parts
Definition
Organs, tissues, eyes, bones, arteries, blood & bodily fluids and other portions of the human body used for transplantation.
Term
Ordinance
Definition
A law passed by a municipal governing body pertaining to matters not already covered by Federal or State law.
Term
Householder
Definition
One who owns/controls real estate where a death has occurred.
Term
Mental anguish
Definition
Mental suffering from grief, disappointment, indignation, wounded pride, etc.
Term
Moral Turpitude
Definition
Crime involving willful wrongdoing, usually a felony
Term
Personal Service Contract
Definition
Contract involving personal skill/knowledge that it can only be performed by the person with whom the contract was made.
Term
Precedent
Definition
Decision of the court followed thereafter as an example
Term
Quasi Contract
Definition
Fictional contract by a court for a person who is unable to contract for himself.
Term
Soldier's and Sailor's Will
Definition
Noncupative informal will where a soldier/sailor may dispose of personal property only
Term
Uniform Probate Code
Definition
Model law to achieve uniformity to probate proceedings
Term
Will
Definition
Instrument executed with formality by a person making disposition of property after death
Term
Abatement
Definition
Proportional reduction of a legacy under a will when assets out of which aren't payable in full
Term
Ademption
Definition
Withdrawal of a legacy under a will by an act equivalent to recovation
Term
Crime
Definition
Action in violation of constitution, statute, or ordinance.
Term
Degree of kindred
Definition
Relationship to deceased of his relatives
Term
Fetal death
Definition
Death of a product of consumption prior to the complete expulsion from its mother.
Term
Inventory in probate
Definition
Listing & valuation of a decedent's assets by a representative of the state.
Term
Kin
Definition
One's relatives; blood relatives.
Term
Probate
Definition
Act of proving a will
Term
Secured claim
Definition
Claim supported by a pledge of assets belonging to the debtor
Term
Probate court
Definition
Court having jurisdiction over estates
Term
Custodian
Definition
Funeral director becomes the legal protector of a dead human body from the time of removal until final disposition.
Term
Mortuary Law
Definition
The branch of law that relates to matters concerned with the disposal of the dead.
Term
Law
Definition
Rule of action prescribed by an authority able to enforce its will.
Term
Common laws
Definition
System of jurisprudence based on judicial precedents rather than statutory laws
Term
Statutory Law
Definition
Law created by legislative bodies in contrast to law generated by judicial opinions (case law) & administrative bodies.
Term
Administrative agencies
Definition
An appointed governmental body charged with implementing particular legislation.
Term
Doctrine of Stare Decisis
Definition
Policy of the 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.
Term
Disinterment
Definition
Removal of a human corpse previously buried in the earth.
Term
Citizenship
Definition
Character of an individual viewed as a member of society; behavior in terms of duties, obligations & functions of a citizen.
Term
Rules & regulations
Definition
Enactments by an administrative body governing the jurisdiction of the agency.
Term
Confidentiality
Definition
To hold certain information in trust and not disclose without proper authorization or authority.
Term
Ethnicity
Definition
Cultural heritage or identity of groups, based on factors such as language & country of origin
Term
Theism
Definition
Philosophy that focuses on belief in a god or gods
Term
Moral
Definition
Refers to the customs, value and standards of practice of a group, age or theory intended to be timeless.
Term
Religion
Definition
A culturally entrenched pattern of behavior made of sacred beliefs, emotional feelings and overt conduct implementing the beliefs.
Term
Moris
Definition
The word "moral" is derived from the Latin word _________
Term
Ethos
Definition
The word "ethic" is derived from the Greek word ______
Term
- obtain authorization
- use a form that discloses critical information
- cremate the correct person
- ensure the identity of the person the entire time
- have procedures for handling and storing unclaimed remains
Definition
Ways to reduce liability in cremation
Term
Death
Definition
A state of complete & irreversible cessation of metabolic processes leading ultimately to dissolution of the organs.
Term
Law
Definition
Externally imposed rule which is concerned with conduct and action in the interest of society
Term
Cadaver
Definition
A dead human body intended solely for scientific study & dissection
Term
Apprentice
Definition
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/embalmer.
Term
Funeral Director
Definition
A person licensed, engaged in, or conducting, preparing other than embalming, for burial or disposition of a dead human body.
Term
Actual custody of the body
Definition
The physical possession of a dead human body
Term
Dead Human Body
Definition
Body of a dead human which is deprived of life but not yet entirely disintegrated
Term
Embalmer
Definition
A person properly licensed who disinfects, preserves, or restores a dead human body
Term
Federal Trade Commission
Definition
Agency of the Federal government created in 1914 to promote free & fair competition by prevention of trade restraints, price fixing, false advertising and other methods of unfair competition.
Term
Funeral Establishment
Definition
A place of business used in the care & preparation for the funeral and/or final disposition of dead human bodies.
Term
Medical Examiner/Coroner
Definition
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 present.
Term
Pre-moral stage
Definition
A stage of moral development in which moral reasoning is based on reward and punishment from those in authority. (Kohlberg)
Term
OSHA
FTC
Preneed law
Definition
Examples of F.S. government regulations
Term
State board
Definition
Example of laws that govern society
Term
Relativism
Definition
Any theory holding that criteria of judgement are relative,, varying with individuals and environments.
Term
Absolutism
Definition
Any theory holding that values, principles, etc., are absolute, not relative, dependent, or changable.
Term
Conventional: Level 3: age 10-13
Definition
Judges moral action by evaluating its consequences. In terms of relationships, decisions are made to please others and there's concern for personal relationships. Respect, gratitude, the golden rule, the desire to be 'liked'
Term
Ethics
Definition
Rules that are internally imposed in the interest of society and the individual
Term
Values
Definition
Ideas/ideals of a society toward living and death. May be positive/negative etc.
Term
Post-Conventional: Level 5: age 14+
Definition
Recognize rules are social agreements that can be changed when necessary. Social-contract orientation which focuses on general wellfare of others- the greatest good for the most people.
Term
Administrative Law
Definition
Body of law created by Federal and State administrative agencies to implement their powers and duties in form of rules, regulations, orders and decisions. (OSHA, FTC, State Board Rules etc)
Term
Theism
Definition
Belief in a god or gods
Term
Administratix
Definition
A woman who had been appointed by the court to settle an estate
Term
Agent driver
Definition
Drivers under the directions and control of a funeral director who is liable for their actions
Term
Creditor's Claim
Definition
Legal process used by one wishing to collect a debt from an estate
Term
Bequest
Definition
A gift of personal property by will
Term
Devise
Definition
A gift of real estate made by will
Term
Building code
Definition
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, etc. of buildings
Term
Administrator
Definition
A man appointed by the court to settle an estate.
Term
Devisee
Definition
The one who inherits the real estate under a will
Term
Situational ethics
Definition
Rules of conduct recognized in respect to a particular class of human actions which may change based on circumstance
Term
- Request records
- state licnese
- membership certificates
- insurance policies
- copies of receipts
Definition
Things to remember when investigating 3rd party crematories
Term
Aristotle
Definition
Philosopher who believed animals had a common nature and humans were essentially rational. Believed rationality distinguished animals from humans. Good people were the most rational and reasonable.
Term
Conventional: Level 4: age 10-13
Definition
Moral development looks to society for guidelines about behavior. Sees authority and rules as inflexible. Upholds law and order, feelings of doing one's duty to society.
Term
Meta-Ethics
Definition
Studying/evaluating ethical terms, judgements and types of ethical arguments
Term
Premoral/preconventional: Level 1: age 4-10
Definition
Stage of punishment and obedience; moral judgement is used to avoid punishment. Will obey if they can avoid getting caught and decisions are based on self interest
Term
Conventional stage
Definition
Level of moral reasoning that is typical in adolescents and adults. Judges morality of actions by comparing them to society's views and expectations. "Good boy" orientation
Term
Premoral/preconventional: Level 2: age 4-10
Definition
Moral development stage where the need to satisfy your own desires/pleasure seeking orientation. REcognizes the needs of others but the self has priority.
Term
Philosophy
Definition
The set of values, ideas and opinions of an individual or group; the study of moral judgement, as well as right and wrong conduct
Term
Conventional stage
Definition
A stage of moral development in which the expectations of the social group are supported and maintained
Term
Premoral/preconventional: Level 0: Age 0 - 4
Definition
Stage of moral development where children are responsive to culture rules and labels of good and bad, but views them in terms of pleasant/unpleasant consequences. There are no moral judgements
Term
Todd vanBeck
Definition
The man who made the ethical model for funeral services
Term
Teleological ethics (consequentialism)
Definition
Stresses the amount of good or bad embodied in the consequence of behavior, whether actual, intended or predicted. Moral worth of action is determined by its outcome.
Term
Social pressure
Definition
Determining what is the company's social responsibility
Term
Government regulations
Definition
Rules usually enacted to protect consumers.
Term
Golden Rule
Definition
What rule of ethical conduct is found in almost all major religions?
Term
Code of Ethics
Definition
Public statement of professional standards of right and wrong.
Term
Culture
Definition
The rules, ideas, and beliefs shared by members of society for living & dying, which are learned directly or indirectly.
Term
Non-theistic
Definition
A philosophy that does not focus on the worship of god or gods.
Term
Ethnicity
Definition
The cultural heritage or identity of a group, based on factors such as language, or country of origin
Term
Conventional stage
Definition
A stage of moral development in which the expectations of the social group (family, community, and nation) are supported and maintained.
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