Test 1 Flashcards
Rules of civil conduct commanding what is right and prohibiting what is wrong
Law
Branch of law which relates to matters concerned with disposal of the dead. Rules and principles that society has established for handling and disposition of the dead
Mortuary Law
Non-legislated principles and rules of action predicted upon usage and customs
Rooted in English and colonial law
Customs which have become recognized by the courts as binding on the community
Developed naturally as societies evolved from small family unit to groups tribes villages which met the basic and common needs for survival
Common Law
Written document containing fundamental principles of government
Detailing the powers and duties of government
Guarantees certain rights of the people
The two principles constitute the law of the land
Embodying both federal and individual state constitution
Constitutional Law
Particular law enacted by legislative body
Federal government- US congress
State government -State legislative
FTC and OSHA established by congress
Statutory Law or Statutes
Law passes by a municipal governing body of village, town, city related to matters not already covered by federal or state law
Municipal laws pertaining to zoning-commercial-vs-residential
Building codes- metrical, plumbing
Safety codes - exit signs - emergency evacuation routes
Ordinance
Court decisions that establish precedent principles
Determines the “constitutionality” of a statue, rule or regulation
Case Law
Inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens
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
Administrative Law
Appointed governmental body charged with implementing particular legislation and have rule making authority
Administrative Agency
When an issue is resolved by a court Established a precedent or principle Controls future court decisions Like cases decided in like manner Extremely important in mortuary law
Doctrine of Stare Decisis
State Law and regulations, Case law and stare decisis, common law, federal laws,
Sources of Mortuary Laws
Principle regulations of the funeral service professor
Based on states police power
Delegated to an administrative agency
TRSC,
State Law and Regulations
Mortuary laws often dictated by court decisions
Doctrine of stare decisis
Case Law and Stare Decisis
Applied to matters related to mortuary law
Property rights in a dead human body
Liability for payment of funeral expenses
General rule of decent with regard to right and duty of disposition
Common Law
