Mortuary Law

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Mortuary Law
2014-02-25 21:58:23

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  1. the U.S. Constitution is what type of authority in the country
    the ultimate
  2. on the constitution level

    Since 1980 the federal government has emerged as major source of regulation for the funeral director.
    *FTC funeral Rule
    * Americans with Disabilities Act (ADA)
    Federal law
  3. ___ statutes are laws (or acts) enacted by legislatures. these legislatives acts become law with or without the approval of the President.
  4. ____ statutes are the principle regulators of the funeral profession. Exercising "Police Power" allows states to set standards and require licenses of individuals that wish to practice a certain profession or trade.
  5. the branch of jurisprudence that studies the rights and obligations of parties entering into contracts.
    what type of law
    contract law
  6. the body of rules and regulations and orders and decisions created by administrative agencies of government such as the Federal Deposit Insurance Corporation

    in addition to agency, such governmental bodies may be called commissions, corporation, boards, departments, or divisions.
    administrative law
  7. legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases

    the interpretation of the law based on court decisions of the state and local courts
    case law
  8. in 2011, a federal district court found that Louisiana's law which required an individual to have a funeral director's license to sell a casket was an unconstitutional deprivation of due process.
    if a statute violates a constitutional principle it is stuck down as unconstitutional
  9. Stare decisis is a doctrine of the following rules or principles laid down in previous judicial decision. it is the principal that maintain that previous decisions are to be followed by the courts

    doctrine of stare decisis is what type of law
    case law
  10. once a particular issue is resolved by a court, a principle is established which will control future decisions by that court or lower courts
    doctrine of stare decisis
  11. ___ is the legal principle by which judges are obligated to respect the precedent established by prior decisions, usually by the same of similar courts
    stare decisis
  12. ___ is the set of existing rulings from many different courts, which have made NEW interpretations of law, and therefore can be also cited as precedent.
    case law
  13. having the authority to settle controversies concerning dead bodies
    court of equity
  14. A great body of law is unwritten. Consists of maxims, principles, and judicial decisions that have been passed down from hundreds of years of jurisprudence.

    it fills the gaps of the legal system
    common law
  15. if a family were having a dispute regarding the final disposition of a body, this would be an example of what
    court of equity
  16. the establishment of who is giving the right to take possession of the body upon death and direct its ultimate disposition has its roots in the what law
    common law
  17. the body of a human being deprived of life but not yet entirely disintegrate.

    the remains of a cremated body, a disintegrate corpse or the bones of a skeleton do not constitute a ___
    dead body
  18. in 1950, the court started that death occurs when life ceases, which takes place when the heart beating and respiration ends. this is a case example of what
    Thomas Vs. Anderson in 1950
  19. the court stated that for legal and medical purpose, an individual who has sustained irreversible cessation of all functioning of the brain, including the brain stem, it is dead. this is a case example of what
    Lovats Vs. District Court in 1979
  20. a real estate developer who had order bulldozers to level land upon which an old cemetery was located was charged with a violation of Ohio's "grave robbery" statute. the site that was developed containing the graves of 3 persons buried about 120 years earlier. in reversing the conviction of the developer, the appeals court stated:
        a cadaver is not an everlasting thing. After undergoing an undefined degree of decomposition, it ceases to be a dead body in the eyes of the law
    State Vs. Glass
  21. a dead body is the property of no one and there is no property in a dead body..

    the survivor is given the right to take the body for purposes of disposition, to allow body parts to be used w/I the confines of the law, to exclude others from possession of the body, and to dispose of the body

    the NOK have what type of rights of the dead human body.
    quasi-property rights
  22. in this case, a surviving spouse sued the county coroner for removing her deceased husband's corneas w/o her consent. the court was faced with the issue of whether the spouse had been deprived of property w/o the due process of law.

    the corner's office maintained that the dead body was not property, and therefore, the spouse had no property right to the corneas. the court of appearls refused to adopt the coroner's narrow interpretation.
    the U.S Circuit Court of Appeals in Brotherton Vs. Cleveland in 1991
  23. in this case: an individual had placed a dead body in trunk of a car and then abandon the automobile. he was convicted under a Nebraska statute making it a criminal offense for any person to throw away or abandon any dead human body, or any portion thereof, in any place other than a regular place of burial and under properly issued death certificates.
    in state vs. Robbinson