Lecture 1 Flashcards

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1
Q

The branch of law that defines and punishes wrongful actions committed against the public

A

Criminal Law

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2
Q

The branch of law dealing with the definition and enforcement of all private or public rights

A

Civil Law

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3
Q

A body of enforceable rules governing relationships among individuals and between individuals and their society

A

Law

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4
Q

The failure to perform a legal obligation

A

Breach

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5
Q

A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

A

Primary Source of Law

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6
Q

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

A

Secondary Source of Law

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7
Q

The body of law derived from the U.S. Constitution and the constitutions of the various states

A

Constitutional Law

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8
Q

The body of law enacted by legislative bodies

A

Statutory Law

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9
Q

A reference to a publication in which a legal authority or other source can be found

A

Citation

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10
Q

A regulation enacted by a city or county legislative body that becomes part of that state’s statutory law

A

Ordinance

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11
Q

A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

A

Uniform Law

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12
Q

The body of law created by administrative agencies in order to carry out their duties and responsibilities

A

Administrative Law

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13
Q

A federal or state government agency created by the legislature to perform a specific function

A

Administrative Agency

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14
Q

A crime that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty

A

Felony

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15
Q

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year

A

Misdemeanor

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16
Q

The body of law developed from custom or judicial decisions in English and U.S, courts, not attributable to a legislature

A

Common Law

17
Q

The rules of law announced in court decisions

A

Case Law

18
Q

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

A

Precedent

19
Q

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

A

Starre Decisis

20
Q

An administrative agency’s rule that carries the same weight as a congressionally enacted statute

A

Legislative Law

21
Q

Authority of a court to hear/decide a case

A

Jurisdiction

22
Q

Area within the jurisdiction; Locale/place where the case will be tried

A

Venue

23
Q

What is the progressive order of Federal Court

A

District Courts
Circuit Courts of Appeal
United States Supreme Courts
Special Federal Courts

24
Q

How many Judicial circuits are in the circuit court of appeals?

A

12

25
Q

What is the progressive order of State Courts?

A
District Court (under 30,000)
Circuit Court for \_\_\_\_\_\_\_\_ County
Court of Special Appeals
Court of Appeals
State Courts of Specific Jurisdiction (Oprhan's Court)
26
Q

Who is the Accusor?

A

Plantiff

27
Q

Who is the Accused?

A

Defendant

28
Q

Who is the asker?

A

Petitioner

29
Q

Who is the responder?

A

Respondent

30
Q

What are the Civil Court Procedures?

A
Complaint
Summons
Answer
Discovery
Trial
Judgment
Execution
31
Q

What must be proven in court proceedings?

A

Damages

32
Q

What are the Criminal Court Procedures?

A
Arrest
Booking
Initial Appearance
Preliminary Hearing
Grand Jury Review
Arraignment
Trial
Sentencing
Appeal
33
Q

Sources of Mortuary Law

A

State laws and regulations
Case Law
Common Law
Federal Law

34
Q

Why Follow Mortuary Law?

A

Protect Consumers
Protect Employees
Improve quality of service to families we serve
Allow you to stay in business

35
Q

Bad in itself

A

Malum in Se

36
Q

Murder, rape, etc

A

Malum in Se

37
Q

Prohibited Act

A

Malum in Prohibitum

38
Q

Speeding, not paying taxes, etc

A

Malum in Prohibitum