Funeral Service Law Quiz 1

Funeral Law

*Prior to 1980, funeral law was generated primarily by state legislatures and judicial decisions by state and local courts. *In the past 30 years, the federal government has emerged as a major source of regulation to the funeral director. *Some regulations are specific to funeral service i.e. F.T.C. Funeral Rule, while other statutes and regulations cover many businesses i.e. O.S.H.A., A.D.A, etc

Law derived from

Anglo-American common law, base on generally accepted moral standards.

Federal Statute

Federal Congress- Senate and House *Are law enacted by organized legislative bodies - they may be enacted, repealed or amended at a regular or special session of the lawmaking body. *Statutes are more responsive to the changing demands of the people.

US Constitution

Highest or Supreme law of the land

Probate Court

In many states, it is the probate court that has the authority to settle controversies concerning dead bodies. The probate court is the court that generally control the disposition of a decedent's estate and settles disputes over wills. Therefore, in most states, if a family were having a dispute regarding the final disposition of a body, they would apply to the probate court to determine the proper resolution of the dispute. *Federal Level* *State Level*

State Statute

Indiana General Assembly - House and Senate *If conflict exists between a state statue and a constitutional federal statute, the federal statute prevails.

law distinct branch

Law which deals with the rules of conduct and action governing the funeral director in his her legal relations.

State Constitution

State Supreme Court - final judge as to whether a state law violates the Constitution of the US. *whenever there is a conflict between state & US Constitution, the US Constitution will prevail. *the states are the principal regulations of the funeral profession. Each state has an inherent authority known as police power.

Legislation

Statutory Law

Federal Constitution

US Supreme Court- final arbiter in disputes about whether a state or federal law violates the Constitution of the US.

Precedent

a decision of a higher court (e.g., appellate or supreme court) which is there after followed as an example in subsequent similar cases.

Administrative Agency

a governmental body created by legislation empowered to regulate and issues rules and regulations. i.e. state board. *Rule making power- an appointed governmental body charged with implementing particular legislation. They issue order and decrees that have the force of law.

Statute

a law enacted by a federal or state legislative body.

Ordinance

a law passed by a local municipal governing body, (e/g/ zoning, building, safety, etc.)

Stare Decisis

a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same to stand by things decided.

Federal Trade Commission/FTC

an agency of federal government created in 1914 to promote free and fair completion by prevention of trade restraints, price fixing, false advertising and other, unfair methods of compensation. *State Boards *Health

Contract

an agreement between two or more competent persons which is enforceable by law.

Case Law

appellate court decisions that establish precedent principles. *Many of the principles that govern funeral law have their roots in the decisions of state and local courts. *The decisions of the courts are in the fact the opinions of the judges who hear and decide cases involving specific questions. *Courts are occasionally called upon to decide the constitutionality of a statute or regulation. The US Constitution is the ultimate authority in the country. In addition each state constitution is the primary law of the respective states. Therefore, if a statute violates a constitutional principle, it is struck down as unconstitutional. *Once a particular issue is resolved by a court, a principle is established which will control future decisions by that court or lower courts. This is known as the doctrine of stare decisis.

Federal Rules and Regulations

enactments by an administrative body within the jurisdiction of that agency. *State Rules and Regulation *Federal Rules and Regulation

Statutory Law

law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.

Municipal Ordinance

laws enacted by a municipality. City Council, County Board of Supervisors, etc.

Common Law

non-legislated principles and rules of action predicated upon usages and customs which the courts consider binding on the community. *Not all the law is codified in statutes and regulations. There is a great body of unwritten law that is referred to as the "Common Law." It has been passed down from hundreds of years of jurisprudence and much of the common laws has its roots in England and early colonial law. *The common law fills the gaps in our legal system. It provides most of the principles that govern our basic rights as members of society and the many aspects of funeral law are impacted by the Common Law.

law study

specifically the study of those branches of law which peculiarly relate to matters growing out of and concerned with the disposal of the dead

Administrative Law

the body of law created by Federal and State administrative agencies through the implementation of power and duties in the form of rules, regulations, orders and decisions (e.g. O.S.H.A., FTC, state Board rules and regulations).

Funeral Service Law/Mortuary Law/Mortuary Jurisprudence

the branch of law which pertains to matters concerned with the disposal of the dead and regulation of funeral directors, embalmers and funeral establishment.

Constitution

the fundamental law that establishes the government, limits what government can and cannot do and states the underlying principles to which the government will conform.

Police Power

the inherent power of every government to make reasonable laws to protect the safety, health, morals and generals welfare of its citizens. *It restricts individuals in the exercise of certain activities so as to promote common good, *The police power of the state empowers it to set standards and requires licenses of individuals that wish to practice a certain profession or trade. Every State except Colorado license the funeral professionals. *In order to retain the license, the funeral director must perform his or her duties in an ethical manner that conforms with the many governmental regulations which the state imposes.

Exercise Police Power

the inherent power of every sovereignty to pass reasonable laws to protect the safety, health, morals and general welfare of its citizens *Licensure* *Health Standards* *Business Operations*

Law defin

those rules of conduct commanding what is right and prohibiting what is wrong.