Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards
. What would you like to do?
the U.S. Constitution is what type of authority in the country
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)
___ statutes are laws (or acts) enacted by legislatures. these legislatives acts become law with or without the approval of the President.
____ 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.
the branch of jurisprudence that studies the rights and obligations of parties entering into contracts.
what type of law
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.
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
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
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
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
___ is the legal principle by which judges are obligated to respect the precedent established by prior decisions, usually by the same of similar courts
___ 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.
having the authority to settle controversies concerning dead bodies
court of equity
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
if a family were having a dispute regarding the final disposition of a body, this would be an example of what
court of equity
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
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 ___
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
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
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
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.
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
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
What would you like to do?
Home > Flashcards > Print Preview