Terms Used In Rhode Island General Laws > Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the state board of funeral directors/embalmers. See Rhode Island General Laws 5-33.2-1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance: means the condition existing when a contractor has met and implemented the requirements of this chapter. See Rhode Island General Laws 37-14.3-3
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means a mutually binding legal relationship, or any modification thereof, obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. See Rhode Island General Laws 37-14.2-3
• Contract: means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. See Rhode Island General Laws 37-14.3-3
• contractor: as used in this chapter shall mean the bidder whose bid has been accepted by an authorized agency or awarding authority as the bidder possessing the skills, ability, and integrity necessary to the faithful performance of the contract or work, and who shall certify that he or she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the contract or work. See Rhode Island General Laws 37-13-2
• Contractor: means one who participates, through a contract or subcontract, in any procurement or program covered by this chapter and includes lessees and material suppliers. See Rhode Island General Laws 37-14.3-3
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cremation: means a two-part (2) procedure where a dead human body or body parts are reduced by direct flames to residue that includes bone fragments and the pulverization of the bone fragments to a coarse powdery consistency. See Rhode Island General Laws 5-33.2-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Rhode Island department of health. See Rhode Island General Laws 5-33.2-1
• Department: means the department of environmental management. See Rhode Island General Laws 37-15-3
• Department: means the department of environmental management. See Rhode Island General Laws 37-15.1-3
• Devise: To gift property by will.
• Director: means the director of the department of environmental management. See Rhode Island General Laws 37-15-3
• Director: means the director of the department of environmental management. See Rhode Island General Laws 37-15.1-3
• Division: means the division of professional regulation created under chapter 26 of this title. See Rhode Island General Laws 5-33.2-1
• Donor: The person who makes a gift.
• Economically disadvantaged: means that the veteran's personal net worth is not in excess of the economic disadvantaged criteria as established in Rhode Island General Laws 37-14.3-3
• Embalmer: means any person who has completed an internship; full course of study at an accredited mortuary science school; has passed the national board examination; and is engaged in the practice or profession of embalming, as defined in this section. See Rhode Island General Laws 5-33.2-1
• Embalming: means the practice, science, or profession of preserving, disinfecting, and preparing in any manner dead human bodies for burial, cremation, or transportation. See Rhode Island General Laws 5-33.2-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Funeral: means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present. See Rhode Island General Laws 5-33.2-1
• Funeral directing: means :

  (A)  Conducting funeral services; or

  (B)  The arrangement for disposition of dead human bodies, except in the case of any religion where the preparation of the body or the provision of funeral services should be done according to religious custom or belief. See Rhode Island General Laws 5-33.2-1

• Funeral establishment: means a fixed place, establishment, or premises, licensed by the department, devoted to the activities that are incident, convenient, or related to the care and preparation, arrangement, financial and otherwise, for the funeral, transportation, burial, or other disposition of human dead bodies and including, but not limited to, a suitable room with all instruments and supplies used for the storage or preparation of dead human bodies for burial or other disposition. See Rhode Island General Laws 5-33.2-1
• Funeral merchandise: means those items that are normally presented for sale as part of the funeral home operation on a for-profit basis. See Rhode Island General Laws 5-33.2-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Layover: Informal term for a period of delay required by rule. For example, when a bill or other measure is reported from committee, it may be considered on the floor only after it "lies over" for one legislative day and after the written report has been available for two calendar days. Layover periods may be waived by unanimous consent.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litter: means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state, unless the person has:

  (i)  Been directed to do so by a public official as part of a litter collection drive;

  (ii)  Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements; or

  (iii)  Been issued a license or permit covering the material pursuant to chapters 18. See Rhode Island General Laws 37-15-3

• Litter receptacle: means those containers adopted by the department of environmental management and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti litter symbol, as well as any other receptacles suitable for the depositing of litter. See Rhode Island General Laws 37-15-3
• Micro business: means a Rhode Island-based business entity, regardless of whether it is in the form of a corporation, limited liability company, limited partnership, general partnership, or sole proprietorship, that has a total of ten (10) or fewer members, owners, and employees and has gross sales totaling five hundred thousand dollars ($500,000) or less. See Rhode Island General Laws 37-14.2-3
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organic solvents: means any compounds of carbon which are liquids at standard conditions, and which are used as dissolvers, viscosity reducers, dilutents, thinners, reagents, or cleaning agents, (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and ammonium carbonate) and which are listed as hazardous waste pursuant to the state hazardous waste program pursuant to chapter 19. See Rhode Island General Laws 37-15.1-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes individuals, partnerships, corporations, limited-liability companies, associations, and organizations of all kinds. See Rhode Island General Laws 5-33.2-1
• Person: means any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever. See Rhode Island General Laws 37-15-3
• Person: means any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever. See Rhode Island General Laws 37-15.1-3
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Program: means those activities of the department to encourage, manage, and fund litter control and recycling pursuant to this chapter. See Rhode Island General Laws 37-15-3
• Program: means those activities of the department to encourage, manage, and fund hard-to-dispose material control and recycling, and to aid in the monitoring and tracking, reduction, recycling, and reuse of hard-to-dispose material control and recycling pursuant to this chapter. See Rhode Island General Laws 37-15.1-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public place: means any area that is used or held out for use by the public whether owned or operated by public or private interests. See Rhode Island General Laws 37-15-3
• Public works: means any public work consisting of grading, clearing, demolition, improvement, completion, repair, alteration, or construction of any public road or any bridge, or portion thereof, or any public building, or portion thereof, or any heavy construction, or any public works projects of any nature or kind whatsoever. See Rhode Island General Laws 37-13-1
• Public works contract: means a contract to perform design or planning services by a designer with the state, any agency, or governmental subdivisions thereof. See Rhode Island General Laws 37-12.1-1
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recycling: means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes. See Rhode Island General Laws 37-15-3
• Recycling: means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes. See Rhode Island General Laws 37-15.1-3
• Registered: means those micro businesses that have provided their business name, address, owner-contact information, number of employees, and annual gross sales to the department of administration. See Rhode Island General Laws 37-14.2-3
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retained earnings: means any money or earned estimates withheld from a designer pursuant to the terms of a public works contract. See Rhode Island General Laws 37-12.1-1
• School transportation services: means those transportation and related services provided for the transportation of public and private students pursuant to § 16-21-1 and Rhode Island General Laws 37-13-1
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small business concern: means a concern, including its affiliates, that is independently owned and operated; not dominant in the field of operations in which it is bidding on state government contracts; and qualified as a small business under the criteria and size standards in Rhode Island General Laws 37-14.3-3
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Verdict: The decision of a petit jury or a judge.
• Veteran: means a person who served on active duty with the U. See Rhode Island General Laws 37-14.3-3