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Failure to exercise ordinary care; omission to do something which a reasonable person would not do; lack of due care. |
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A carrier required by law to convey passengers without refusal if the approved fare is paid. |
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Organs, tissues, eyes, bones, arteries, blood & bodily fluids and other portions of the human body used for transplantation. |
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A law passed by a municipal governing body pertaining to matters not already covered by Federal or State law. |
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One who owns/controls real estate where a death has occurred. |
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Mental suffering from grief, disappointment, indignation, wounded pride, etc. |
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Crime involving willful wrongdoing, usually a felony |
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Personal Service Contract |
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Contract involving personal skill/knowledge that it can only be performed by the person with whom the contract was made. |
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Decision of the court followed thereafter as an example |
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Fictional contract by a court for a person who is unable to contract for himself. |
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Soldier's and Sailor's Will |
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Noncupative informal will where a soldier/sailor may dispose of personal property only |
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Model law to achieve uniformity to probate proceedings |
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Instrument executed with formality by a person making disposition of property after death |
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Proportional reduction of a legacy under a will when assets out of which aren't payable in full |
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Withdrawal of a legacy under a will by an act equivalent to recovation |
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Action in violation of constitution, statute, or ordinance. |
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Relationship to deceased of his relatives |
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Death of a product of consumption prior to the complete expulsion from its mother. |
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Listing & valuation of a decedent's assets by a representative of the state. |
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One's relatives; blood relatives. |
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Claim supported by a pledge of assets belonging to the debtor |
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Court having jurisdiction over estates |
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Funeral director becomes the legal protector of a dead human body from the time of removal until final disposition. |
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The branch of law that relates to matters concerned with the disposal of the dead. |
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Rule of action prescribed by an authority able to enforce its will. |
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System of jurisprudence based on judicial precedents rather than statutory laws |
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Law created by legislative bodies in contrast to law generated by judicial opinions (case law) & administrative bodies. |
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An appointed governmental body charged with implementing particular legislation. |
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Doctrine of Stare Decisis |
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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. |
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Removal of a human corpse previously buried in the earth. |
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Character of an individual viewed as a member of society; behavior in terms of duties, obligations & functions of a citizen. |
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Enactments by an administrative body governing the jurisdiction of the agency. |
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To hold certain information in trust and not disclose without proper authorization or authority. |
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Cultural heritage or identity of groups, based on factors such as language & country of origin |
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Philosophy that focuses on belief in a god or gods |
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Refers to the customs, value and standards of practice of a group, age or theory intended to be timeless. |
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A culturally entrenched pattern of behavior made of sacred beliefs, emotional feelings and overt conduct implementing the beliefs. |
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The word "moral" is derived from the Latin word _________ |
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The word "ethic" is derived from the Greek word ______ |
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- 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 |
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Ways to reduce liability in cremation |
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A state of complete & irreversible cessation of metabolic processes leading ultimately to dissolution of the organs. |
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Externally imposed rule which is concerned with conduct and action in the interest of society |
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A dead human body intended solely for scientific study & dissection |
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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. |
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A person licensed, engaged in, or conducting, preparing other than embalming, for burial or disposition of a dead human body. |
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Actual custody of the body |
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The physical possession of a dead human body |
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Body of a dead human which is deprived of life but not yet entirely disintegrated |
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A person properly licensed who disinfects, preserves, or restores a dead human body |
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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. |
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A place of business used in the care & preparation for the funeral and/or final disposition of dead human bodies. |
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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. |
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A stage of moral development in which moral reasoning is based on reward and punishment from those in authority. (Kohlberg) |
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Examples of F.S. government regulations |
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Example of laws that govern society |
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Any theory holding that criteria of judgement are relative,, varying with individuals and environments. |
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Any theory holding that values, principles, etc., are absolute, not relative, dependent, or changable. |
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Conventional: Level 3: age 10-13 |
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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' |
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Rules that are internally imposed in the interest of society and the individual |
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Ideas/ideals of a society toward living and death. May be positive/negative etc. |
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Post-Conventional: Level 5: age 14+ |
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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. |
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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) |
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A woman who had been appointed by the court to settle an estate |
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Drivers under the directions and control of a funeral director who is liable for their actions |
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Legal process used by one wishing to collect a debt from an estate |
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A gift of personal property by will |
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A gift of real estate made by will |
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Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, etc. of buildings |
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A man appointed by the court to settle an estate. |
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The one who inherits the real estate under a will |
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Rules of conduct recognized in respect to a particular class of human actions which may change based on circumstance |
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- Request records - state licnese - membership certificates - insurance policies - copies of receipts |
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Things to remember when investigating 3rd party crematories |
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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. |
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Conventional: Level 4: age 10-13 |
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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. |
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Studying/evaluating ethical terms, judgements and types of ethical arguments |
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Premoral/preconventional: Level 1: age 4-10 |
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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 |
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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 |
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Premoral/preconventional: Level 2: age 4-10 |
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Moral development stage where the need to satisfy your own desires/pleasure seeking orientation. REcognizes the needs of others but the self has priority. |
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The set of values, ideas and opinions of an individual or group; the study of moral judgement, as well as right and wrong conduct |
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A stage of moral development in which the expectations of the social group are supported and maintained |
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Premoral/preconventional: Level 0: Age 0 - 4 |
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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 |
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The man who made the ethical model for funeral services |
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Teleological ethics (consequentialism) |
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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. |
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Determining what is the company's social responsibility |
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Rules usually enacted to protect consumers. |
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What rule of ethical conduct is found in almost all major religions? |
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Public statement of professional standards of right and wrong. |
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The rules, ideas, and beliefs shared by members of society for living & dying, which are learned directly or indirectly. |
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A philosophy that does not focus on the worship of god or gods. |
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The cultural heritage or identity of a group, based on factors such as language, or country of origin |
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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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