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“Blackstone’s definition.” Rules of civil conduct commanding what is right and prohibiting what is wrong. A governmental rule prescribing conduct / caring out a penalty for violation.
law
bodies of law
Criminal Law / Civil Law
Related to crimes and punishment of wrong doers.Laws dealing with offenses against society
criminal law
legal proceedings concerned with the rights of public citizens.Laws dealing with the enforcement or protection of private rights..Examples: Tort Law Contract Law
civil law
Criminal offense punishable by confinement in prison or by death. Example: Murder Bank Robbery
felony
Criminal offense which is neither treason nor a felony. Example: Speeding ticket Running a stop sign.
misdemeanor
bending or breaking the law
tort law
a private or civil wrong, either intentional or caused by negligence, for which there may be action for damages / private wrong for which damages might be recovered
tort
basis for tort liability
Intentional / Negligence/ Strict Liability)
“Failure to exercise ordinary care.”
negligence
failing to do something which a reasonable and prudent person would do under ordinary circumstance.
act of omission
doing something which a reasonable and prudent person would not do under ordinary circumstance.
act of commision
liability for injury regardless of negligence or intent.
strict liability
when seller is liable for any and all defective or hazardous products which threaten a consumer’s personal safety.
product liablility
Improper or negligent professional act by a professional person. Example: poor embalming. or the doctor leaves instrument in abdominal cavity during or after surgery.
malpractice
Related to making and executing contracts.Laws dealing with making contacts.
contract law
Rules of conduct prescribed by a government and its agencies to regulate business transactionsRules of conduct for the performance of business transactions
business law
Rules of conduct prescribed by a government and its agencies, in regulating transactions related to Real and Personal property.
property law
Land and objects permanently attached to land. Real Estate.Land, Building, Fences, Trees, etc.
real property
All property which is not real property.Cars, Furniture, Jewelry, Insurance, Stocks, Bonds, etc.
personal property
sources of US law
o Common Law o Constitutional Lawo Statuary Lawo Police Powero Administrative Lawo Ordinanceso Case Lawo Stare Decisis
The Pyramid of Law
Stare DecisisCase LawOrdinancesAdministrative LawPolice PowerStatutory LawConstitutional LawCommon Law
- customs which have become recognized by the courts as binding on the community. 2. Forms the historical foundation of U.S. Law. 3. Based on human experience. “Common good” of all people(Members of Society). 4. Rooted in English and early colonial law. “If it makes sense,it must be good law.”Constitutional Law - written document containing fundamental principles of government. Power and duties of a government. Guarantees Rights of the people - first 10 amendments of the constitution. “Law of the land.” Example: Federal and individual state constitutions
common law
enacted by legislative bodies.
statutory law
Legislative bodies include Federal, State and Local Governments
statutes
enacted by the U. S. Congress
federal statutes
enacted by individual state legislatures
state statutes
inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens. Example: Mortuary law Licensure Health standards Business operations
police power
Body of law created by federal and state administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions. Example: OSHA regulations FTC funeral rule State board rules and regulations
administrative law
Appointed governmental body charged with the implementing particular legislation.Examples: Occupational Safety and Health Administration (OSHA)Federal Trade Commission (FTC)Texas Funeral Service Commission (TFSC)
administrative agencies
Laws enacted by local municipalities, villages, towns or city.Example: City of Houston has parking ordinances / No Smoking In Public Buildings.
ordinances
Court decisions that establish precedent principles. Laws based on a court’s interpretation of federal, state, and local laws. Determines “constitutionality” of a law.
case law
Principle that decisions of a court should serve as guide or precedent and control the decision of a similar case in the future. Reliance on authority of established law “like cases are decided in like manner”. Applicable to mortuary law and court cases.
Stare Decisis (Decision Stands)
authority of a court to hear a case. Related to the subject matter and person(s) involved in a court case. Function of the courts – to interpret & apply law to a given situation.
jurisdiction
Have exclusive jurisdiction over – bankruptcy, claims against USA, Patent & Copy Right Cases.
federal courts
Trial courts of the federal court system. Largest class of federal courts / Deal only with criminal cases involving violation of federal law. Or civil suits that meet specified criteria. Cases brought by US Govt., Cases arising under U.S. Constitution / Federal Laws/Treaties
federal district courts
Offense which is injurious to society as a whole / punishable offense against society.
Crime
Deliberate and intentional action to cause harm
Intentional
There are 12 federal judicial districts. Courts that hear appeals in the federal court system. Hears appeals from cases originating in federal district courts. Hears appeals from federal administrative agencies and departments within its circuit. Decision have precedence over lower courts.
Federal Circuit Court of Appeals
o Highest court in the United States.o Court of original jurisdiction in cases involving ambassadors, public ministers, consuls, and cases in which a state is a party.o As well as cases appealed from federal courts of appeal.Supreme decision over all lower courts
U.S. Supreme Court
issued by Supreme Courto Order to produce the record of a case.o Only such cases will be heard by the U. S. Supreme Court
Writ of Certiorari
Federal trial courts with limited jurisdiction. Limited by laws of Congress creating them. Examples: Bankruptcy Court / Tax Court / Court of International Trade U.S. Court of Federal Claims (against the courts).
Special Courts
Inferior courts - Courts of original general jurisdiction - Appellate courts - Special courts (State & City)
State Courts
Trial courts that hear only cases involving minor criminal offenses and disputes between citizens.Examples: District, Magistrate, County ,Municipal (city) ,Small claims, Justice, and Tax Courts.
Inferior Courts
Court in which a case is first heard. Maintain an official record of all proceedings. Broad jurisdiction over disputes between two or more parties. Criminal offenses against the state. This Court: Hear witnesses Receive evidence Try a case Examples: Trial Court, Court of Record, Circuit Court, District Court, and Superior Court
Court of Original General Jurisdiction (State)
usually in larger cities.Courts hearing cases appealed from lower state courtsExamples: Court of Appeals State Supreme Court
Appellate Courts (State)
Courts with limited jurisdictionExamples: Probate Court Juvenile Courts Domestic Court
Special Courts (State)
Laws specifying how actions are filed & that trial procedure to follow
. Procedural Laws
Person Licensed to represent others in court.
attorney/ lawyer
written request initiating a civil suit
complaint or petition
a notice of complaint given to a defendant defining the complaint and a time frame in which a response, or answer, must be filed. Serves the purpose of conferring personal jurisdiction over defendant. Also known as a process
summons
The response of the defendant to a complaint. Also known as a motion.
answer
The decision of the court. Favor of the Plaintiff or Defendant
judgement
Carrying out of completion of some task
execution
Individual who initiates a civil action
plaintiff
Person against whom legal action is brought
defendant
agreement between two or more competent persons (parties) which is enforceable by law.
contract
Classifications of contracts: Based on:
formation / performance / enforceability
parties express their intentions, either orally or in writing, at the time of the agreement.
express contract
terms of the contract are implied by acts or conducts of the parties.In fact - example: “first call.”
implied contractsalso called contract implied in fact
those with a special form or produced in a certain way.Contract “under seal.”Today most contracts are these kindExample: Real Estate ContractsNegotiable InstrumentsFuneral Contract
formal contracts
- any contract which is not a formal contract
simple contract
- calls for an act in consideration for a promise.One promise is given in exchange for an act.you find my lost dog; I pay you $100
unilateral contract
mutual exchange of promises.Exchange a promise for a promise.You agree to buy my car for $5,000. Car is yours when you give me the money.Most contracts are bilateral contracts.
bilateral contract
terms of the contract have not been completely executed or fulfilled by the parties.
executory contracts
- terms have been fulfilled by the parties
executed contracts
contract enforceable by court.
valid contract
Agreement with no legal effect. Example: contract to rob a bank.
void agreementalso called a void contract
Contract which would be an enforcement agreement, but due to circumstances, may be set aside by one of the parties. Example: party to a contract is declared “mentally incompetent” / party contracts with a minor / minor contracts with anotherminor
voidable contract
Agreement which is not in the form required by law, but can be made so by the parties.- a contract that is not currently binding Example: simple contract made into a formal contract.
unenforceable contract
The science or study of social groups; the study of forms of social groups or modes of an organization, the processes which tend to maintain or change these forms of organizations and the relations between groups.
sociology
A systematic effort to develop general principles about a particular subject matter, based on actual observation and stated in a form that can be tested by any competent person…. This is done in sociology.
science
Science is usually divided into two main branches. What are they?
Natural science - anatomy, biology, chemistry, etc.Social Sciences - pyschology, sociology, etc.
Psychology vs. Sociology(explain the one difference we need to remember)
Psychology is focused more on individuals.Sociology is focused more on groups.
The funeral director’s responsibility
Funeral directors must understand the cultural requirements of their client families. Each family is unique with many of their needs and wants based on the culture of the family.
When does the learning process begin?
at birth
Consists of abstract patterns (rules, ideas, and beliefs) shared by members of society and for living and dying, which are learned directly or indirectly.
culture
learned by someone teaching (school is a form)
direct learning
items that are learned through observation
indirect learning
According to sociologist, ________ is one of the major carriers of culture.
language
a division, or smaller identifiable unit of a culture, connected to that culture by common traits, having unique traits to itself.
subculture
or shared ideas about desirable goals
values
After language, one distinguishing aspect of culture is?
values
The various social values that are learned by individuals is referred to as?
enculturation or socialization.
The method by which the social values are internalized (learned).
enculturation (Socialization)
subculture may be based upon:
Geographic location Religious beliefs Ethnic groups Language
Culture and subculture determine:
customstaboomoreslaws
Must behavior; the basic important patterns of ideas and acts of a people but one which is enforced by those governing.
mores
These are procedures involving death that are required not necessarily by a culture, but by those who govern.
laws
an event which allows those who have something in common with each other to deal with one another in regard to that which they share
social function
Social behavior as dictated by the traditions of the people.– developed by enculturation.
customs
Must-behavior which dictates the individual must abstain from certain acts dealing with death
taboos
Rites with the human body not present.
memorial service
Rites with the body present
funeral
Any event performed in a solemn and prescribed manner.
rite
An all inclusive term used to encompass all funerals and/or memorial services
funeral rite
Ideas and beliefs or, and for, the living and dying, which are identical in all cultures.
cultural universal
Why is the funeral rite considered cultural universal?
because some type of a response to death can be found in all cultures
a funeral rite that is adjusted to the needs and wants of those directly involved. One which has been altered to suit the trends of the time.
adaptive funeral rite
cultural universal includes:
- Announcement of the death. 2. Some type of care for the dead. 3. A method of disposition. 4. Memorialization. 5. Ceremony or ritual.
a funeral rite that follows a prescribed ritual or ceremony which may be dictated either by religious belief or social custom.
traditional funeral rite
a funeral rite that is in essence devoid of religious connotation
humanistic funeral rite
a funeral rite which may be construed as being identifiable with a pre-literate society (American Indians
primitive funeral rite
any disposition of a human remains which is completely devoid of any form of funeral rite at the time of disposition
immediate disposition
Behaviors which are constructed as somewhat less compulsive than mores of the same society, and do not call for a strong reaction from the society if violated.Example is pulling to side of the road and taking off your hat when a procession passes.
folkways
instrumental action dealing with death is expressional, it is charged with symbolic content expressing among other things, attitudes of the participants, possible onlookers.
ceremony
specified method of procedure
rules
of or relating to geography concerning the topography of a specific region.
geographic
having or showing belief in and reverence for God or a deity, especially as it is reflected in the practice of religion: implies adherence to religion in both belief / practice.
religious
basic division or groups of mankind, distinguished by customs, characteristics of race, derived from the Greek ethos meaning “people”.
ethnic
Begins at the arrangement conference and ends at the graveside
Sociology
Earliest Ethnic Group: tribes kinship – based ethnic group; andCountry non-kinship – based ethnic groups, evolution of the state.
–
Begins at the time of death and ends at one’s acceptance of death
Psychology
Social behavior as dictated by the tradition of the people in that culture.
customs
Consists of abstract patterns (rules, ideas, and beliefs) shared by members of society and for living and dying, which are learned directly or indirectly.
culture
a division, or smaller identifiable unit of a culture, connected to that culture by common traits, having unique traits to itself.
subcultures
things to which socially created meaning is given
symbols
Most members of a culture and subculture develop pride in their cultural and subculture beliefs and customs, but some begin to think that their culture is superior to all others. This is called
ethnocentrism
As a funeral director, you need to stay under the idea of ,________ that is, keep the emotional idea that all cultures are equal and pertinent!
cultural relativism
Examples of some cultural universals are
establishment of families (marriage), establishment of rules and regulations for orderly living (government), and YES, the responses to death of a member of their culture (funeral rites).
the father rules the family; power is passed to the oldest male child
Patriarchal
the mother rules the family
Matriarchal
the male and female have equal rights, duties, and governing power.
Equalitarian
a household or family unit includes father and mother, all their children (except married daughters), their son’s wives and children (except married daughters).
extended (joint) family
Characteristics of a joint family
Agriculturally based. Economically self-sufficient unit (usually grow own food) Patriarchal form of government. Restricted mobility. (Usually due to duties of the farm) Religious, usually begin religion by teaching children bible stories Tend to be Conservative.
membership within the household includes one man, one woman and their children, if any.
Nuclear family
Characteristics of a nuclear family
May be patriarchal, matriarchal, or equalitarian. In past, the nuclear family was patriarchal with one income earner - father. Today, nuclear family is equalitarian and a two-income family. Economics is structured around the total income unit. Religion is usually institutional based. Highly mobile (will move if another area offers better opportunities) More liberal in thought, dress, and actions
cluster of two or more nuclear families united by social bonds of security, protection and help. A neighborhood, apartment complex.
Modified extended family
Characteristics of a modified extended family:
Begins with a nuclear family which then develops kinships and/or friendship with other nuclear families for security, protection, or help.
membership consists of one adult, either male or female and his/her children.
Single parent family
membership consists of one male and one female and the children from their previous marriages, and may include children from the present marriage.
Blended family
shared ideas about desirable goals
values
study of group behavior patterns
sociology
study of individual behavior patterns
psychology
Of the following, which one is a social behaviorcustoms, taboos, mores, laws, folkways
customs
Why do we embalm?
“We embalm to disinfect the body and protect the living.”
What is embalming?
o EM - in, or abouto Balm - resinous substance or balsamic agents.
embalming is a process of chemically treating the dead human body to reduce the presence and growth of microorganisms, to retard (slow down) organic decomposition, and to restore an acceptable physical appearance.
non-legal definition of embalming
The process of disinfecting, temporary preserving and restoring the dead human body by the injection into the arteries, a suitable amount of a proper chemical. –is based upon fluid distribution - movement of arterial fluid from point of injection to the capillaries.
vascular embalming
We inject into the arteries because
the fluid goes away from the heart The chemical is arterial fluid 16.oz - one gallon/50 lbs. of body weight.
movement of arterial fluid from point of injection to the capillaries.
fluid distribution
movement of arterial fluid through the capillaries to the tissues from intravascular to extravascular (inside to outside)
fluid diffusion
retain the fluid within the body.
retention
a. Direct treatment -other than vascular embalming of the content of the body cavities and the lumen of the hollow viscera.
cavity embalming
cavity embalming Accomplished by two major steps:
Aspiration of the contents of the cavities and viscera. andThe injection of a suitable amount of a proper chemical
maximum amount of disinfecting and preservation with the minimum amount of fluid.
undiluted cavity fluid
A rule of thumb on a normal case, for undiluted cavity fluid is
16 ounces in the thoracic cavity and 16 ounces in the abdominal cavity.
: injection of embalming chemicals directly into tissues through the use of needle, syringe, Trocar.The disinfecting and temporary preservation of a local area by the subcuticular injection of a suitable chemical.
hyperdermic embalming
types of disinfecting
- Primary disinfecting 2. Concurrent disinfecting 3. Terminal disinfecting
• The disinfecting and temporary preservation of a local area by the external application of a compress of a suitable material. This is a supplement to vascular and arterial embalming
Surface (pack or absorption) Embalming:
reasons for embalming
- The primary reason (need) we embalm - To disinfect. The destruction or inhibiting of pathogenic bacteria and their products in or on the body.2. * Temporary preservation - Treating the dead human body chemically so as to inhibit (slow down) decomposition.3. * Restoration - The care of the deceased to recreate natural form and color.
disinfecting carried out prior to the embalming process. Washing the body.
primary disinfecting
disinfecting carried out during the embalming process.
concurrent disinfecting
disinfecting and decontamination measures after the preparation of the remains. Also include cleaning the prep room and instruments, etc. Also, the re washing of the body.
terminal disinfecting
credited with being the father of embalming
Dr. Frederick Ruysch
Father of modern US embalming / invented hand pump / disaster pouch
Dr. Thomas Holmes
wrote the “History of Embalming” in French.
Jean Gannal
translated Gannal’s book to English.—1st to realize value of embalming from disease standpoint— performed research of bubonic plaque while at Penn State
Dr. Richard Harlan
was the first to produce formaldehyde (HCHO) Chemical formula - HCHO. Primary formula for embalming, free state gas.
• August Wilhelm vonHofman
NOTES
• Always show respect to the deceased.• Always maintain the highest standards.
PREP ROOM
o Limit admission to the preparation room during preparation.o Licensed funeral service professional and registered trainees.o Those authorized by law / authorized by familyAuthorized persons can be in the prep room when no embalming.o Maintenance employees.o Hairdresser, cosmetologist, etc.o Staff members for dressing and casketing remains.
Identify and secure the prep room
• Place a sign on the preparation room door indicating private; authorized persons only.• State of Texas indicates that it must be private and have no general passageway through it.• Keep the door locked.
instruct and maintain the highest standards
• Keep the body covered as practical - genital area always.• Guard against loose talk and remarks.• Repeat nothing outside the preparation room.• Disclose no confidential facts as to conditions, deformities or diseases causing death.
authorization to embalm
Not a state law to embalm. 1. Verbal permission. (Do we have your permission to embalm?) 2. Written permission.
Identification procedures
• Personal effects - inventory a must. (House Call)• Proper remains - the body itself - identify by the family - especially a body to be cremated.• Make sure you remove jewelry that the family has requested after the funeral service.• There may be cases that you need to inform authorities, police, ME, Coroner’s office (JP is used in Texas), if something is found. It is your duty to follow OSHA requirements and inform all employees to follow required procedures and train employees. Help protect your employees.
embalming report
complete an embalming report for every case, on which you perform any embalming procedure. This is your documentation as to the embalming procedure you have performed. (see pages 13-17 for example forms).
Vascular embalming is based upon
Fluid distributionFluid diffusionRetention
when you decrease the angle between the body parts UPWARDTO BRING TO TO SHOW OR FLEX YOUR MUSCLES
flexion
to increase the angle between two body parts.LEG OUTWARDRAISING HEAD UP TOWARD SKY
extension
move a body part away from the medium plane.DOING JUMPING JACKSABDUCT A CHILD AWAY FROM THEIR PARENTS
abduction
to move a body part toward the medium plane. BRINGING SOMETHING CLOSER IN
aduction
to turn the palm of the hand posteriorly (out of anatomical position). pour soup out
pronation
to turn anteriorly (back to anatomical position). hold soup up
supination
- to turn outward or inside out
eversion
to draw inward or outside in. MOST TIME THIS IS HOW YOU WILL TWIST YOUR ANKLE
inversion
the feet are initially positioned how?
inverted
movement such that the distal end of a bone describes a circle and the shaft describes a cone.THIRD BASE COACH AS HE WAVES IN A RUNNER FROM SECOND BASE TO TRY TO SCORE A RUN
circumduction
- to close
constriction
muscle that expands an organ, vessel, or orifice
dilator
are called sphincter and all will constrict.
circular shaped muscle
to raise a particular body part.
elevation
circular shaped
orbicularis, sphincter muscles
sternoclavicular articulation and mastoid process of the temporal bone.
Sternocleidomastoid
to lower a body part
depresssion
Turning a bone about its long axis. Shaking head no. [This muscle action has no antagonistic muscle action, but rather refers to the turning of a bone about its long axis, as when you shake your head no.]
rotation
- triangular
deltoid(DELTA)
- thin and flat
platysma
four-sided
quadratus
large
vastus
four sided diamond
trapezius
straight
rectus(ERECT)
occipital bone and frontal bone
Occipitofrontalis
may be used to designate “divisions”
ceps
between the ribs
intercostal
facial cheeks
buccinator
circular-shaped muscle of the mouth
orbicularis oris
circular-shaped muscle of the eye
orbicularis oculi
superficial vs deep
The muscles of facial expression lie superficially in relationship to the muscles of mastication, which lie deep.
muscles of the arm, between shoulders to elbow
brachii
– muscles of the thigh, between hip and knee
femoris