Mortuary Law Quiz #1

Rule Making Power

An appointed governmental body charged with implementing particular legislation. They issue order and decrees that have the force of law Examples: FTC, State Boards, Health Departments

Statutory Law

law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies Federal Statute - Federal Congress - Senate & House Laws enacted by organized legislative bodies. They may be enacted, repealed, or amended at a regular or special session of the lawmaking body. State Statute - Indiana General Assembly - House & Senate

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 fact the opinions of the judges who hear and decide cases involving specific questions. Once a particular issue is resolved by a court, a principle is established which will control future decisions by that court or lower courts.

Funeral Service Law, Mortuary Law, Mortuary Jurisprudence

Branch of law which pertains to matters concerned with the disposal of the dead and regulation of funeral directors, embalmers, and funeral establishments -Derived largely from the Anglo-American common law, base on generally accepted moral standards.

Municipal Ordinance

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

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. Examples: Licensure, Health Standards, & Business Operations

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 and much of the common law 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.

State Constitution

State Supreme Court: final judge as to whether a state law violates the Constitution of the United States. Whenever there is a conflict between state and U.S. Constitution, the U.S. Constitution will prevail. The states are the principal regulators of the funeral profession. Each state has an inherent authority known as police power.

Administrative Law

The body of law created by Federal and State administrative agencies through the implementation of powers and duties in the form of rules, regulations, order and decisions. (i.e. OSHA, FTC, State Board Rules and Regulations).

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 general 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 requires a license for the funeral profession. 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.

Law

Those rules of conduct commanding what is right and prohibiting what is wrong

Federal Constitution

U.S. Supreme Court serves as the final arbiter in disputes about whether a state or federal law violates the Constitution of the United States. Prior to 1980, funeral law was generated primarily by the 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 such as F.T.C., while other statutes and regulations cover many businesses such as O.S.H.A. A.D.A., etc.

Ordinance

a law passed by a local municipal governing body (i.e. 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 competition by prevention of trade restraints, price fixing, false advertising, and other unfair methods of compensation.

Contract

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

Precedent

A decision of a higher court (i.e. appellate or supreme court) which is thereafter followed as an example in subsequent similar cases. 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 controls 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 the body, they would apply to the probate court to determine the proper resolution of the dispute.

Statute

A law enacted by a federal or state legislative body