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Mortuary Law > Ch. 1 > Flashcards

Ch. 1 Flashcards

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1
Q

Regardless of how rules in the United States are created they all have one thing in common:

A

They establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group

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2
Q

Primary sources of law

A

Sources that establish law

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3
Q

Examples of primary sources of law

A

– US Constitution and constitutions of various states
– Statuates, or laws passed by Congress and by state legislatures
– Regulations created by administrative agencies, such as the federal food and drug administration(FDA)
– Caselaw (court decisions)

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4
Q

Secondary sources of law

A

Publication that summarizes or interprets the law such as a legal encyclopedia, a legal treatise or an article in a law review

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5
Q

Constitutional law

A

The body of law derived from the US Constitution and the constitutions of various states

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6
Q

The supreme law of the land, or the basis of all law in the United States

A

The US Constitution

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7
Q

Statutory law

A

Body of law enacted by legislative bodies at any level of government

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8
Q

Citation

A

Reference to a publication in which a legal authority – such as a statuate or court decision – or other source can be found

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9
Q

Ordinances

A

Regulation enacted by city or county legislative body that becomes part of that states statutory law

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10
Q

Ordinances usually only have to do with…

A

Local governing units

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11
Q

A federal’s statuate applies to..

A

All states

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12
Q

A state statuate applies to

A

Only with in state borders

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13
Q

Uniform laws

A

Model law developed by the national conference of commissioners on uniform state laws for the states to consider enacting into statute

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14
Q

Administrative law

A

The body of law created by administrative agencies in order to carry out their duties and responsibilities. Also the rules, orders and decisions of administrative agencies.

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15
Q

Law

A

Enforceable rules governing relationships among individuals and between individuals in their society

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16
Q

Administrative agency

A

A federal, state, or local government agency created by the legislature to perform a specific function such as to make or to enforce rules pertaining to the environment

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17
Q

Major independent regulatory agencies at the federal level include:

A

– The Federal Trade Commission
– The securities and exchange commission
– The Federal Communications Commission

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18
Q

The president’s power is_____ pronounced in regard to independent agencies

A

Less

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19
Q

States and local agencies

A

Commonly a state agency is created as a parallel to a federal agency federal agency regulations take precedence over conflicting state regulations

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20
Q

Enabling legislation

A

The statute enacted by Congress that authorizes the creation of an administrative agency. specifies the name, composition, purpose, and powers of the agency being created

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21
Q

Adjudicate

A

To render a judicial decision. adjudication is the trial like proceeding in which administrative law judge hears and resolves disputes involving the administrative agencies regulations

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22
Q

Administrative process

A

The procedure used by administrative agencies in administering the law

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23
Q

Rule making

A

Formulating new regulations; The process by which an administrative agency formally adopts a new regulation or amends an old one

24
Q

Legislative rule

A

Administrative agencies rule that carries the same weight as a congressionally enacted statute; legally binding; also called a substantial rules

25
Q

Interpretive rule

A

A nonbinding rule or policy statement issued by administrative agency that explains how it interprets and intends to apply the statutes it enforces

26
Q

Administrative law judge

A

One who presides over administrative agency hearing and has the power to administer oaths, take testimony, Rule on questions of evidence and make determinations of fact

27
Q

Case law

A

The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law

28
Q

Common law

A

The body of law developed from custom or judicial decisions in English and US courts, not attributable to legislature

29
Q

Precedent

A

A court decision that finishes an example or authority for deciding subsequent cases involving identical or similar facts

30
Q

Year books

A

In the late 13 and early 14th century portions of significant decisions from each year were gathered together and recorded in year books

31
Q

Stare Decisis

A

“To stand on decided cases”. A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. Courts normally must follow rules set forth by higher courts in deciding cases with similar fact patterns

32
Q

Binding authority

A

Any source of law that a court must follow when deciding a case

33
Q

Persuasive authority

A

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

34
Q

“Cases of first impression”

A

A case that raises issues that have not been raised before in that jurisdiction

35
Q

Remedy

A

The means given to a party to enforce a right or to compensate for the violation of a right

36
Q

Plaintiffs

A

One who initiates a lawsuit

37
Q

Defendant

A

The accused person in a criminal proceeding

38
Q

Specific performance

A

An order to perform what was promised

39
Q

Recission

A

Cancellation

40
Q

Injunction

A

Directing a party to do or refrain from doing a particular act

41
Q

Equity

A

A branch of law founded on what might be described as notions of justice and fair dealing that seeks to supply a remedy when no adequate remedy at law is available

42
Q

Chancellor

A

An adviser to the king who had the power to grant new and unique remedies

43
Q

Remedies in equity

A

The remedies granted by the chancery court

44
Q

The commerce clause

A

Expressly permits Congress to regulate commerce.

45
Q

Today, the commerce power authorizes the_____, at least theoretically to regulate almost every commercial enterprise in The United States

A

National government

46
Q

The ____ amendment reserves to states all powers not expressly delegated to the national government.

A

10th

47
Q

If state regulations substantially interfere with interstate commerce, it will be held to violate the “_________” clause of the U.S. Constitution. The positive aspect of the commerce clause, which gives the national government the exclusive authority to regulate interstate commerce, implies a “dormant” aspect – that the states do not have this power.

A

Dormant commerce

48
Q

The Supremecy clause

A

US Constitution provides that the Constitution, laws, and treaties of the United States are the “the supreme law of the land” when ever a state law directly conflicts with a federal law, the state law is rendered invalid.

49
Q

The bill of rights

A

Consists of the first 10 amendments to the U.S. Constitution, was adopted in 1791 and embodies a series of protections for individuals – and, in some instances, business entities – against various types of interference by the federal government

50
Q

Freedom of speech

A

The first amendment. Including symbolic speech, is given the fullest possible protection by the courts. certain types of speech, such as defamatory speech and lewd or obscene speech are not protected under the First Amendment

51
Q

Freedom of religion

A

Under the First Amendment, the government may neither establish any religion nor prohibit the free exercise of religion

52
Q

Due process

A

Both the 5th and the 14th amendments provide that no person shall be deprived of “life, liberty, or property without due process of law.” Procedural due process requires that any government decision to take life, liberty, or property must be made fairly, Using fair procedures.

53
Q

Equal protection

A

Under the 14th amendment, a law or action that limits the liberty of some persons but not others may violate the equal protection clause. Such a law may be upheld, however, if there is a rational basis for the discriminatory treatment of a given group or if the law substantially relates to an important government objective.

54
Q

The Constitution does not contain a specific guarantee of a rate to_____. But such a right has been derived from guarantees found in several constitutional amendments.

A

Privacy

55
Q

Ruth Ann Arty

A

Executive director of inspections for funeral homes

56
Q

Victor C. March

A

President of Maryland board of funeral directing

Mortuary Law (5 decks)

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