BRAINSCAPE1
1. Mortuary Law or - to be successful in funeral service, both as caregivers, funeral directors, must have
Funeral Law a working knowledge of the many laws that impact the profession.
- funeral law consists of:
1. rules & regulations (handling & disposition of the dead)
2. Rights and places duties (survivors of the deceased)
3. Duties & Obligations (professional & ethics)
2. law are government rules of conduct prescribing what is right and prohibiting what is
wrong. a violation of a law will carry a penalty, most often in the form of a fine
and/or incarceration.
3. funeral service that branch of law which relates to matters concerned with the disposal of the dead
law and the regulation of funeral directors, embalmers, and funeral establishments.
4. sources of funer- include federal and state constitutions, as well as statutory and administrative laws
al service law developed by the three branches of our federal, state, and local governments-
legislative, executive, and judicial.
5. sources of mortu- 1. constitutional: federal & state
ary law 2. legislative (statutory law): statues (state/federal)
3. municipal ordinances (zoning-cremations): exercise police power, licensure,
health standards, business operations.
4. administrative law
5. case law: stare decisis
6. common law: contract law and probate law
6. a constitution - establishes the government
fundamental law - limits what government can and cannot do
is - state the underlying principles to which the government will conform
- Federal: powers in the constitution of the United States- and those powers grant-
ed within the constitution to the three branches of the federal government- are the
foundation upon which individual federal codes, laws, rules, and regulations are
developed and promulgated.
BRAINSCAPE1
, BRAINSCAPE1
7. the federal con- - the U.S. constitution also provides checks and balances by and between the three
stitution branches of government by ensuring each has a role to play in writing, further
defining, enforcing and, thereafter, interpreting laws.
- laws in the U.S. Constitute are superior to all other sources in both federal
and state regulations and may not only be superseded by amendment to the
constitution, a complex and lengthy process.
8. State Constitu- - similar to the federal government, individual States have their own constitution
tions that provide the basis for state laws, rules, and regulations.
- laws identified in a state constitution are superior to all other sources within the
same state and may only be superseded by he constitution of the united states.
9. federal law - federal trade commission's funeral rule
- occupational safety & health administration
- Americans with disabilities act
10. state law - state boards
- health departments
11. federal and state - a statute is defined as a law enacted by a legislative body
statutory laws - at all government levels- federal, state, county, city, town and village- the legisla-
(legislation) tive branch of the government passes legislation to create statutory law.
- for example, state legislatures may pass laws that require a funeral director to be
present and supervise the interment of human remains.
12. legislative (feder- elected by the citizen, sent to government in DC to represent the people. They carry
al) U.S. Congress out the duties of the US constitution (writing of bills)
13. U.S. senate each state has two senators
14. House of Repre- based on the population
sentatives
BRAINSCAPE1
1. Mortuary Law or - to be successful in funeral service, both as caregivers, funeral directors, must have
Funeral Law a working knowledge of the many laws that impact the profession.
- funeral law consists of:
1. rules & regulations (handling & disposition of the dead)
2. Rights and places duties (survivors of the deceased)
3. Duties & Obligations (professional & ethics)
2. law are government rules of conduct prescribing what is right and prohibiting what is
wrong. a violation of a law will carry a penalty, most often in the form of a fine
and/or incarceration.
3. funeral service that branch of law which relates to matters concerned with the disposal of the dead
law and the regulation of funeral directors, embalmers, and funeral establishments.
4. sources of funer- include federal and state constitutions, as well as statutory and administrative laws
al service law developed by the three branches of our federal, state, and local governments-
legislative, executive, and judicial.
5. sources of mortu- 1. constitutional: federal & state
ary law 2. legislative (statutory law): statues (state/federal)
3. municipal ordinances (zoning-cremations): exercise police power, licensure,
health standards, business operations.
4. administrative law
5. case law: stare decisis
6. common law: contract law and probate law
6. a constitution - establishes the government
fundamental law - limits what government can and cannot do
is - state the underlying principles to which the government will conform
- Federal: powers in the constitution of the United States- and those powers grant-
ed within the constitution to the three branches of the federal government- are the
foundation upon which individual federal codes, laws, rules, and regulations are
developed and promulgated.
BRAINSCAPE1
, BRAINSCAPE1
7. the federal con- - the U.S. constitution also provides checks and balances by and between the three
stitution branches of government by ensuring each has a role to play in writing, further
defining, enforcing and, thereafter, interpreting laws.
- laws in the U.S. Constitute are superior to all other sources in both federal
and state regulations and may not only be superseded by amendment to the
constitution, a complex and lengthy process.
8. State Constitu- - similar to the federal government, individual States have their own constitution
tions that provide the basis for state laws, rules, and regulations.
- laws identified in a state constitution are superior to all other sources within the
same state and may only be superseded by he constitution of the united states.
9. federal law - federal trade commission's funeral rule
- occupational safety & health administration
- Americans with disabilities act
10. state law - state boards
- health departments
11. federal and state - a statute is defined as a law enacted by a legislative body
statutory laws - at all government levels- federal, state, county, city, town and village- the legisla-
(legislation) tive branch of the government passes legislation to create statutory law.
- for example, state legislatures may pass laws that require a funeral director to be
present and supervise the interment of human remains.
12. legislative (feder- elected by the citizen, sent to government in DC to represent the people. They carry
al) U.S. Congress out the duties of the US constitution (writing of bills)
13. U.S. senate each state has two senators
14. House of Repre- based on the population
sentatives
BRAINSCAPE1
