week 1 Flashcards
those rules of conduct commanding what is right and prohibiting what is wrong.
-comes from government
law
where does the law come from? (6)
- constitution
- statutes
- case law
- ordinances
- rules and regulations
- police power
the fundament law that establishes the government; limits what government can and cannot do and states the underlying principles to which the government will conform
constitution
a law enacted by a legislative body
statutes
appellate court decisions based on custom and usage and prior decisions
case law
a law passed by a local municipal governing body (zoning, building, safety, etc)
ordinances
laws created by an administrative agency within its jurisdiction
rules and regulations
the inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens
police power
how do appellate courts make case law?
- stare decisis
a policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same
stare decisis
What are some “branches” of law? (3)
- administrative law
- contract
- funeral service law (law, jurisprudence)
the rules and regs created by federal and state admin agencies (osha, etc, state boards)
admin law
a governmental body created by legislation empowered to make and enforce rules and regs
admin agency
a legally enforceable agreement
contract
the branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors, embalmers, and funeral establishments
funeral service law
death and the dead body (5)
- death
- brain death
- corpse
- cadaver
- quasi property
the cessation of life; the permanent cessations of all vital functions and signs
death
total and irreversible cessation of brain functions as indicated by a flat EEG reading
brain death
the body of a dead human being, deprived of life, but not yet entirely disintegrated
corpse
a dead human body intended solely for scientific study and dissection
cadaver
the accepted theory of the legal status of a dead human body; rights associated with the body are as if it were property for the purpose of disposition only
quasi property
possession of the dead body (4)
- funeral director
- custodian
- actual custody
- constructive custody
status associated with funeral director and funeral establishment who becomes legal protector of the dead human body from the time of removal until final disposition
custodian
the physical possession of the dead human body or other property
actual custody
the situation whereby one party has a right to acquire actual custody and possession of the dead body, although another party has actual physical possession
constructive custody
who has the right of final disposition of the dead body (5)
- kin
- degree of kindred
- estrangement
- will
- guardianship
ones relatives collectively; referring to blood relationship
Kin
relationship of decedent to blood relatives
-table of consanguinity
degree of kindred
the physical and/or emotional separation for a period of time showing the lack of affection, trust, and regard
estrangement
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death
will
person appointed by the court administer the affairs of another person who is incompetent by virtue of age or legal disability
guardianship
kinds of funeral arrangements (2)
- pre-planned funeral arrangement
2. pretended funeral arrangements
funeral arrangments made in advance of need that do not include provisions for funding or prepayment
pre-planned funeral arrangements
funeral arrangements made in advance of need that include provisions for funding or prepayment
Preneed funeral arrangements
obligations/debts of decedent (5)
- liability
- priority
- preferred claim
- secured claim
- unsecured claim
responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable
liability
the order in which claims will be paid when there are insufficient assets to pay all of the claims, or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body
priority
- a claim which is accorded a priority, advantage or privilege
- a debt which is supported by a pledge, mortgage, or lien on assets belonging to the debtor
- unsecured claim
- preferred claim
- secured claim
- unsecured claim
miscellaneous obligations
- quasi contracts
- quasi means “similar too”
traditional “signs” ; no respiration, no breathing, no pulse or circulation of blood
clinical death
total and irreversible of cessation of brain function and activity as indicated by a flat eeg reading
modern view ; brain death
requirements of dead human body (3)
- corpse or dead HUMAN body
- deprived of life
- not entirely disintegrated
- skeletons and remains that are simply “dust” are not considered a dead human body
property rights in dead human bodies (2)
- historical background
- no property; ecclesiastical
- property theory - modern-current view
- quasi property
- not ownership
- responsibility decent and proper final disposition
- includes care, disposal, transportation, burial cremation or embalming and any associated measures
final disposition developed based on (4)
- standards of care established by the funeral service profession
- community standards and values, morals, ethics, rites, and customs
- accounting for the wishes of the decedent, survivors and public interests
- statutes and ordinances
decent and proper; or not? (
