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A governmental body created by legislation empowered to make and enforce rules and regulations.
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Administrative Agency
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The rules and regulations created by Federal and State administrative agencies (e.g., OSHA, FTC, state board rules and regulations).
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Administrative Law
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Appellate court decisions based on custom and usage and prior decisions.
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Case Law
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The fundamental law that establishes the government; limits what government can and cannot do; and states the underlying principles to which the government will conform.
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Constitution
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A legally enforceable agreement.
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Contract
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That branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors, embalmers, and funeral establishments.
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Funeral Service Law (mortuary law/mortuary jurisprudence)
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Those rules of conduct commanding what is right and prohibiting what is wrong.
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Law
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A law passed by a local municipal governing body (e.g., zoning, building, safety, etc.)
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Ordinance
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The inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.
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Police Power
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Laws created by an administrative agency within its jurisdiction.
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Rules and Regulations
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A policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same.
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Stare Decisis
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A law enacted by a legislative body.
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Statute
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the physical possession of the dead human body or other property
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Actual custody
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total and irreversible cessation of brain function as indicated by a flat EEG reading
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Brain death
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a dead body intended solely for scientific study and dissection
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Cadaver
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the situation whereby one a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
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Constructive custody
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a legally enforceable agreement
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Contract
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the body of a dead human being, deprived of life, but not yet entirely disintegrated
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Corpse ( dead human body)
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status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition.
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Custodian
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the cessation of life; permanent cessations of all vital functions and signs
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Death
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relationship of decedent to blood relatives
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Degree of kindred
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the property and debts of a deceased person, both real and/or personal
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Estate
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the physical and/or emotional separation for a period of time showing the lack of affection, trust and regard
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Estrangement
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a person properly licensed, engaged in, or conducting, or holding himself/herself out as being engaged in: 1. preparing, other than by embalming, for the burial or disposition of dead human bodies; and/or 2. maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies.
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Funeral director (Funeral service practitioner)
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A person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability.
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Guardian
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ones relatives collectively; referring to blood relationship (legally, the surviving spouse is not next of kin)
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Kin
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responsibility for actions and/or other debts, the quality or state of being legally obligated or accountable.
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Liability
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the inherent power of a government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
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Police power
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a claim which is accorded a priority, advantage or privilege.
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Preferred claim
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funeral arrangements made in advance of need that include provisions for funding or prepayment
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Prefunded Funeral Arrangements
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funeral arrangements made in advance of need that do not include provisions for funding of prepayment.
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Pre-planned funeral arrangements
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(1) the order in which claims will be paid when there are insufficient assets to pay all of the claims; (2) the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body.
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Priority
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A fictional contract created or implied by a court for a person who is unable to contract for himself (e.g. medical care, death); an obligation which law creates in the agreement; is invoked by the courts where there is unjust enrichment
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Quasi Contract
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A debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor.
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Secured claim
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A claim which is not supported by a pledge, mortgage, or lien on other assets.
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Unsecured claim
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An instrument executed with required formality by a person making disposition of their property to take effect upon their death.
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Will
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An examination of a human body, organ, or other body part following death to determine the cause and manner of death.
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Autopsy (post-mortem examination)
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those appropriate and helpful acts of counseling, personal and /or written contact that come after the funeral.
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Aftercare
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diseases, injuries, or complications that resulted in death
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Cause of death
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a public officer whose duty is to investigate the cause of death when the question of accident, suicide, or homicide may be evident or where there was no doctor in attendance.
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Coroner
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the attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.
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Due diligence
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the intentional failure or the reckless disregard of the consequences with respect to conduct affecting the life or property of another.
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Gross negligent act
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an ordinary person, one without special training in a profession or occupation.
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Layperson
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the claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property)
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Lien
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failure to perform a professional service with the ability and care generally exercised by others in the profession
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Malpractice
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the mode of death, such as accident, homicide, natural, suicide, or unknown
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Manner of death
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a forensically trained physician whose duty is to investigate questionable or unattended deaths (has replaced the coroner in some states)
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Medical examiner
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a condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury
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Mental anguish
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any altering or change made to a dead human body from the time of death, other than by natural causes.
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Mutilation
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failure to exercise care
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Negligence
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an act with complete disregard for proper conduct which transcends the bounds of common decency
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Outrageous act
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an action to recover possession of wrongfully withheld personal property
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Replevin
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a private or civil wrong against a person or his or her property, other than by breach of contract for which there may be action for damages.
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Tort
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