a governmental body created by legislation empowered to regulate an industry and issue rules and regulations;
an appointed governmental body charged with implementing particular legislation.
rule making power
rules passed by state boards of funeral service are examples
that body of law created by Federal and State administrative agencies toimplement their powers and duties in the form of rules, regulations, orders and decisions (OSHA, FTC,state board rules and regulations)
those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions.
a dead human body intended solely for scientific study and dissection
appellate court decisions that establish precedent principles.
non legislated principles and rules of action predicated upon usages and customs;
a system of jurisprudence based on judicial precedents rather than statutory laws
judge made laws - source of much of our law today
any fundamental or important law or edict
documents that define the relationships of the parts of the government to each other and the relationships of the gevernment to its citzens
the placing, of a remains in a crypt in a mausoleum
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property
Gross negligent act
the occupier of a house- one who owns or controls real estate where a death occurs
a claim or charge against property for payment of some debt (There can be no lien against a dead human body for it is not property).
automotive equipment made available for hire.
mental suffering, resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., usually accompanied by physical injury or by an outrageous intentional or grossly negligent act.
a place where dead human bodies are kept until identified and/or released for final disposition.
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments.
derived from anglo-american common law
that distinct branch of the law that deals with the funeral director in his/her legal actions
Funeral service law (mortuary law/mortuary jurisprudence)
any altering, or change made to a dead human body from the time of death, other than by natural causes;
altering of an object or a dead human body from its original condition.
failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under
ordinary circumstances or the doing of something which a reasonable and prudent would not do;
the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).
a law passed by a local municipal governing body (e.g. zoning, building safety, etc.)
an act with complete disregard for proper conduct which transcends the bounds of common decency.
contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made;
a contract whereby both parties should recognize that any breach will usually cause anguish.
Personal service contract
the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
a decision of a court which is thereafter followed as an example in subsequent similar cases.
an action to recover possession of personal properly.
a law enacted by a federal or state legislative body.
a wrongful act committed by one person against another person or their property.
a law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives the right to another.
Uniform Anatomical Gift Act
the body of a dead human being, deprived of life, but not yet entirely disintegrated.
Dead human body (corpse)
Degree of kinship
2. adult children
5. adult grandchildren
6. adult neices/nephews
9. great grandparents
10. adult cousins
Invasion of rights include?
1. when is embalming required
2. unauthorized photos
3. burial in absence of next of kin
4. right to privacy - confidentiality
5. failure to comply with the wishes of the party with the right to control the funeral
6. hospital or institutional withholding a body - misidentification
7. public officials acting beyond immunity - above the law
8. cemeteries or cremetories
Types of estates
1. fee simple estates
2. life estate
largest and most complete right one may possess in property because they have the right to possess the prroperty forever
fee simple estate
property is owned for a lifetime
Types of contracts
3. quasi contract
contract in which parties express thier intentions with words - oral or written
duties and obligations parties assume are implied by thier conduct and acts
fictional contract applied by a court or a person who is unable to contract for themselves
raise obligation in law where in fact parties made no promisies
Secondary right to disposition falls to?
3. town or city - local
Types of custody
1. actual custody
2. constructive custody
physical possession of dead human body
party has right to acquire body although another party has physical possession of body
Primary right of final disposition falls in which order?
1. surviving spouse
2. next of kin
3. personal representative
4. decedents gaurdian
Mutilation of a dead human body would consists of?
1. unauthorized embalming or restoration
2. unauthorized trimming of a mustache, beard or hair
3. unauthorized removal of tissue, organs, or medical devices
4. performing procedures other than that which is required for a normal embalming
Methods of disposition
1. enterment - burial
2. burial at sea
5. body donation
Three property theories
1. no property theory
2. property theory
3. quasi-property theory
the legal status of a body was considered to be that of an object, exclusively within the control of the church for the purpose of burial
no property theory
it had a false view of the legal status of a dead body being an object of property complete with all the characteristics of property
it is the current accapted legal status of a dead human body for the purpose of disposition;
the rights associated with the body are as if it were property
the funeral home has custody of the body for preservation and disposition
Liability of funeral director in a funeral procession
1. restrictions on the funeral procession
2. driver always liable for own torts
3. volunteer drivers
a. not an agent of the funeral director
b. funeral director has no control
c. funeral director usually has no liability
4. agent drivers
a. funeral director does have control
b. funeral director does have liability
5. liver - funeral director liable if he holds out such cars and drivers as his own