Exam 3 Study Guide Flashcards
What is the basis for study?
To gain sufficient knowledge to act
What case created the basis for study?
Hawke, Adam vs Murray
The rules of civil conduct
- commanding what’s right
- prohibiting what’s wrong
Law
Broadly determined
Mortuary service in relation to the law
Mortuary Law / Funeral Law
The science or art of disposing of the death
Mortuary Service
What is the law of admiralty?
Law of the sea
What is the Talmudic law? (What other names does it have?)
Jewish Law / Law of Moses
Pentateuch
What is Pentateuch?
First 5 books of old testament, Talmudic law
What are the 5 books in Pentateuch?
- Genesis
- Exodus
- Leviticus
- Numbers
- Deuteronomy
What is Genesis (first book) about?
Beginning of everything
What is Exodus (second book) about?
10 commandments
(exit)
What is Leviticus (third book) about?
Sanctification
What is Numbers (fourth book) about?
Number related things such as the census / statistics
What is Deuteronomy (fifth book) about?
Review of the first 4 books
What is Roman Law?
From the beginning of time up until the fall of the Roman empire
Everything is planned, has a pathway
What is Common Law?
Catholic church law decreed by the pope
Everything is liturgical, everyone knows it all
What is Napoleonic Law?
French law from the time of Napoleon
He wanted everyone to be buried above ground (mausoleums)
What is Anglo-Saxon Common Law?
The basic for most American laws
Generally accepted moral standards
(Ten commandments and Golden Rule as examples)
How is dead body defined?
Body of a human being
Is a fully disintegrated corpse a dead body?
No, it’s human remains
What did the Thomas v Anderson case decide?
Life ends when the heart and respiration stop
What did the Lovats v District Court case decide?
For legal medical purposes: An individual has sustained irreversible cessation of all functioning of the brain, including the brain stem, is DEAD
aka Brain dead is dead
What did the State (Ohio) v Glass case decide?
“A cadaver is not an everlasting thing. After undergoing an undefined degree of decomposition, it ceases to be a dead body in the eyes of the law”
What did English law state about the legal status of dead bodies?
- The body was in control of the church
- No one had property rights of the body
- The body was buried in church property