Lecture 1 Flashcards
The branch of law that defines and punishes wrongful actions committed against the public
Criminal Law
The branch of law dealing with the definition and enforcement of all private or public rights
Civil Law
A body of enforceable rules governing relationships among individuals and between individuals and their society
Law
The failure to perform a legal obligation
Breach
A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision
Primary Source 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
Secondary Source of Law
The body of law derived from the U.S. Constitution and the constitutions of the various states
Constitutional Law
The body of law enacted by legislative bodies
Statutory Law
A reference to a publication in which a legal authority or other source can be found
Citation
A regulation enacted by a city or county legislative body that becomes part of that state’s statutory law
Ordinance
A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute
Uniform Law
The body of law created by administrative agencies in order to carry out their duties and responsibilities
Administrative Law
A federal or state government agency created by the legislature to perform a specific function
Administrative Agency
A crime that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty
Felony
A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year
Misdemeanor
The body of law developed from custom or judicial decisions in English and U.S, courts, not attributable to a legislature
Common Law
The rules of law announced in court decisions
Case Law
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Precedent
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Starre Decisis
An administrative agency’s rule that carries the same weight as a congressionally enacted statute
Legislative Law
Authority of a court to hear/decide a case
Jurisdiction
Area within the jurisdiction; Locale/place where the case will be tried
Venue
What is the progressive order of Federal Court
District Courts
Circuit Courts of Appeal
United States Supreme Courts
Special Federal Courts
How many Judicial circuits are in the circuit court of appeals?
12
What is the progressive order of State Courts?
District Court (under 30,000) Circuit Court for \_\_\_\_\_\_\_\_ County Court of Special Appeals Court of Appeals State Courts of Specific Jurisdiction (Oprhan's Court)
Who is the Accusor?
Plantiff
Who is the Accused?
Defendant
Who is the asker?
Petitioner
Who is the responder?
Respondent
What are the Civil Court Procedures?
Complaint Summons Answer Discovery Trial Judgment Execution
What must be proven in court proceedings?
Damages
What are the Criminal Court Procedures?
Arrest Booking Initial Appearance Preliminary Hearing Grand Jury Review Arraignment Trial Sentencing Appeal
Sources of Mortuary Law
State laws and regulations
Case Law
Common Law
Federal Law
Why Follow Mortuary Law?
Protect Consumers
Protect Employees
Improve quality of service to families we serve
Allow you to stay in business
Bad in itself
Malum in Se
Murder, rape, etc
Malum in Se
Prohibited Act
Malum in Prohibitum
Speeding, not paying taxes, etc
Malum in Prohibitum
