Funeral Service Law Exam 1
Questions and Correct Answers.
Funeral Service (Mortuary Law) - Answer It is derived largely from the Anglo-American
common law, based on generally accepted moral standards. Deals with the rules of conduct &
action governing the funeral director in his legal relations. It is specifically the study of those
branches of the law which particularly relate to matters growing out of concern with the
disposal of the dead.
Sources of Funeral Service Law - Answer 1. Constitutional
- Federal constitution
- State Constitution
2. Legislative
- Federal Statutes
- State Statutes
- Municipal Ordinances
3. Administrative
- Federal rules & regulations
- State rules & regulations
- Administrative agencies
Federal Constitution - Answer US Supreme Court - final arbiter in dispute about whether a
state or federal law violates the constitution of the United States.
State Constitution - Answer State Supreme Court - Final judge as to whether a state law
violates the constitution of that state. The principal regulators of the funeral profession are the
states.
Federal Statutes - Answer Laws enacted by organized legislative bodies - they may be enacted,
repealed, or amended at a regular or special session of the law making body. Statutes are more
responsive to the changing demands of the people.
, Municipal Ordinances - Answer A law passed by a local municipal governing body (zoning,
building, safety) Exercises police power - the inherent power of ever sovereignty to pass
reasonable laws to protect the safety, health, morals, & general welfare of it's citizens.
Examples: licensure, health standards, business operations.
Mortuary Jurisprudence - Answer Is a mortuary service in relation to the law, mortuary serving
being the science or art of disposing of the dead. Mortuary law is enforced by court action.
Administrative (source of funeral service law) - Answer An appointed governmental body
charged with implementing particular legislation; they created by law; set up legislative bodies;
they issue orders & decrees that have the force of law.
Examples: FTC, State Boards, Health Departments, TX Funeral Service Commision
Case Law - Answer Many of the principles & rules of mortuary law are found expressed in the
decisions of the courts. The decisions of the courts are in fact the opinions of the judges who
hear & decides cases involving specific questions.
Stare Decisis - Answer A policy of the courts to stand by a precedent & apply it to all future
cases where the facts are substantially the same.
Precedent - Answer A decision of a court which is thereafter followed as an example in
subsequent, similar cases.
Common Law - Answer Custom which has come to be recognized by the courts as binding on
the community. (Judge-made laws); source of much of our law today; unwritten law.
The Dead Human Body (corpse). Definitions of death vary from state to state: - Answer Clinical
Death- Phase of somatic death lasting from 5-6 mins during which life may be restored.
Brain Death- total & irreversible cessation of brain functions as indicated by a flat EEG reading.
Criteria:
-human (identified or unidentified)
-deprived of life
-not entirely disintegrated: The dust of a long dead body is not classified as a body. The bones of
a skeleton are not classified as a body.
Questions and Correct Answers.
Funeral Service (Mortuary Law) - Answer It is derived largely from the Anglo-American
common law, based on generally accepted moral standards. Deals with the rules of conduct &
action governing the funeral director in his legal relations. It is specifically the study of those
branches of the law which particularly relate to matters growing out of concern with the
disposal of the dead.
Sources of Funeral Service Law - Answer 1. Constitutional
- Federal constitution
- State Constitution
2. Legislative
- Federal Statutes
- State Statutes
- Municipal Ordinances
3. Administrative
- Federal rules & regulations
- State rules & regulations
- Administrative agencies
Federal Constitution - Answer US Supreme Court - final arbiter in dispute about whether a
state or federal law violates the constitution of the United States.
State Constitution - Answer State Supreme Court - Final judge as to whether a state law
violates the constitution of that state. The principal regulators of the funeral profession are the
states.
Federal Statutes - Answer Laws enacted by organized legislative bodies - they may be enacted,
repealed, or amended at a regular or special session of the law making body. Statutes are more
responsive to the changing demands of the people.
, Municipal Ordinances - Answer A law passed by a local municipal governing body (zoning,
building, safety) Exercises police power - the inherent power of ever sovereignty to pass
reasonable laws to protect the safety, health, morals, & general welfare of it's citizens.
Examples: licensure, health standards, business operations.
Mortuary Jurisprudence - Answer Is a mortuary service in relation to the law, mortuary serving
being the science or art of disposing of the dead. Mortuary law is enforced by court action.
Administrative (source of funeral service law) - Answer An appointed governmental body
charged with implementing particular legislation; they created by law; set up legislative bodies;
they issue orders & decrees that have the force of law.
Examples: FTC, State Boards, Health Departments, TX Funeral Service Commision
Case Law - Answer Many of the principles & rules of mortuary law are found expressed in the
decisions of the courts. The decisions of the courts are in fact the opinions of the judges who
hear & decides cases involving specific questions.
Stare Decisis - Answer A policy of the courts to stand by a precedent & apply it to all future
cases where the facts are substantially the same.
Precedent - Answer A decision of a court which is thereafter followed as an example in
subsequent, similar cases.
Common Law - Answer Custom which has come to be recognized by the courts as binding on
the community. (Judge-made laws); source of much of our law today; unwritten law.
The Dead Human Body (corpse). Definitions of death vary from state to state: - Answer Clinical
Death- Phase of somatic death lasting from 5-6 mins during which life may be restored.
Brain Death- total & irreversible cessation of brain functions as indicated by a flat EEG reading.
Criteria:
-human (identified or unidentified)
-deprived of life
-not entirely disintegrated: The dust of a long dead body is not classified as a body. The bones of
a skeleton are not classified as a body.
