Law and Ethics (Funeral Service Law)
Study Guide
Constitution -
✔️Any fundamental or important law or edict.
Statutory Law -
✔️Law created by legislative bodies in contrast to law generated by judicial opinions
(case law) and administrative bodies.
Statute -
✔️A law enacted by a Federal or State legislative body.
Police Power -
✔️The inherent power of every government to make reasonable laws to protect the
safety, health, morals, and general welfare of its citizens.
Administrative Law -
✔️The body of law created by Federal and State administrative agencies through
implementation of powers and duties in the form of rules and regulations, or orders,
and decisions (e.g. OSHA, FTC, State Board Rules and Regulations.)
Administrative Agency -
✔️A governmental body created by legislation empowered t regulate and issue rules
and regulations.
Federal Trade Commission -
✔️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 competition.
Contract -
✔️An agreement between two or more competent persons which is enforceable by
law.
Case Law -
✔️Appellate court decisions that establish precedented principles.
Common Law -
✔️Non legislated principles and rules of action predicated upon usages and customs
which the court considers binding on the community.
Probate Court -
✔️A court having jurisdiction over estates.
Probate Estate -
, ✔️The property of a decedent that is subject to administration by the executor or
administrator of an estate.
Death -
✔️The cessation of life, permanent cessation of all vital functions and signs.
Brain Death -
✔️Total and irreversible cessation of brain functions as indicated by a flat EEG
reading.
Clinical Death -
✔️Phase of somatic death lasting from 5-6 minutes during which life may be
restored.
Quasi-Property Theory -
✔️The accepted theory of the legal status of a dead human body; rights associated
with the body are as it were property for the purpose of disposition only.
Final Disposition -
✔️The conclusive performance of services with respect to the dead human body by
one of the legally recognized methods.
Householder -
✔️The occupier of a house; one who owns or controls real estate where death
occurs.
Law -
✔️Those rules of conduct community what is right and wrong prohibited what is
wrong.
Kin -
✔️One's relatives collectively referring to blood relationship (legally the surviving
spouse is not a kin).
Degree of Kindred -
✔️Relationship to decedent of his relatives; each generation is one degree, counting
to a common ancestor.
Uniform Probate Code -
✔️A model law intended to achieve uniformity in probate proceedings throughout the
U.S.
Guardian -
✔️A judicial appointment of one person to administer the affairs of another person
who is incompetent by virtue of age or legal disability.
Will -
✔️An instrument executed with required formality, by person's making disposition of
their property to take effect upon their death.
Study Guide
Constitution -
✔️Any fundamental or important law or edict.
Statutory Law -
✔️Law created by legislative bodies in contrast to law generated by judicial opinions
(case law) and administrative bodies.
Statute -
✔️A law enacted by a Federal or State legislative body.
Police Power -
✔️The inherent power of every government to make reasonable laws to protect the
safety, health, morals, and general welfare of its citizens.
Administrative Law -
✔️The body of law created by Federal and State administrative agencies through
implementation of powers and duties in the form of rules and regulations, or orders,
and decisions (e.g. OSHA, FTC, State Board Rules and Regulations.)
Administrative Agency -
✔️A governmental body created by legislation empowered t regulate and issue rules
and regulations.
Federal Trade Commission -
✔️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 competition.
Contract -
✔️An agreement between two or more competent persons which is enforceable by
law.
Case Law -
✔️Appellate court decisions that establish precedented principles.
Common Law -
✔️Non legislated principles and rules of action predicated upon usages and customs
which the court considers binding on the community.
Probate Court -
✔️A court having jurisdiction over estates.
Probate Estate -
, ✔️The property of a decedent that is subject to administration by the executor or
administrator of an estate.
Death -
✔️The cessation of life, permanent cessation of all vital functions and signs.
Brain Death -
✔️Total and irreversible cessation of brain functions as indicated by a flat EEG
reading.
Clinical Death -
✔️Phase of somatic death lasting from 5-6 minutes during which life may be
restored.
Quasi-Property Theory -
✔️The accepted theory of the legal status of a dead human body; rights associated
with the body are as it were property for the purpose of disposition only.
Final Disposition -
✔️The conclusive performance of services with respect to the dead human body by
one of the legally recognized methods.
Householder -
✔️The occupier of a house; one who owns or controls real estate where death
occurs.
Law -
✔️Those rules of conduct community what is right and wrong prohibited what is
wrong.
Kin -
✔️One's relatives collectively referring to blood relationship (legally the surviving
spouse is not a kin).
Degree of Kindred -
✔️Relationship to decedent of his relatives; each generation is one degree, counting
to a common ancestor.
Uniform Probate Code -
✔️A model law intended to achieve uniformity in probate proceedings throughout the
U.S.
Guardian -
✔️A judicial appointment of one person to administer the affairs of another person
who is incompetent by virtue of age or legal disability.
Will -
✔️An instrument executed with required formality, by person's making disposition of
their property to take effect upon their death.
