Mortuary Law Exam with Questions and Answers
2023-2024
What is Law? - ANSWER Rules of civil commanding what is right and prohibiting what
is wrong Blackstones definition.
What is mortuary law? - ANSWER Branch of llaw which relatesw to matters concered woth
disposal of the dead Rules and principles that society has established for handling and
disposition of the dead(Text ) Stueve/ Gulligan
Also know as Mortuary Jurisprudence- - ANSWER Funeral servic- Funeral law
Common Law - ANSWER non legislated principles and rules of action.
Predicated upon usage and customs
rooted in English and early colonial law.
Constitutional Law-Developed naturally - ANSWER Written document containing
fundamental principles of government.
Powers ad duties of a government
rights of the people
Law of the land
Federal and individual state constitutions
Statutory Law-statutes - ANSWER Partifular law enacted by a legislative body.
United States Congress/ Federal Government
State legislatures/State Government
Police Power - ANSWER • Inherent power of every government to make reasonable laws
to protect the safety, health, morals and general welfare of its citizens (i.e.: licensure
requirements, health standards, business operations)
ADMINSTRATIVE LAW
• - ANSWER Body of law created by federal and state administrative agencies
• To implement their powers and duties in the form of rules, regulations, orders and decisions
, ADMINISTRATIVE AGENCY
• - ANSWER Appointed governmental body charged with implementing particular legislation
and have rule making authority (i.e.: OSHA, FTC, TFSC)
DOCTRINE OF STARE DECISIS
• - ANSWER When an issue is resolved by a court
• Establishes a "precedent" or "principle"
• Controls future court decisions
• Like cases decided in like manner
• Extremely important in mortuary law
SOURCES OF MORTUARY LAW:
STATE LAW AND REGULATIONS
• - ANSWER Principle regulators of the funeral service professor
• Based on states police power
• Delegated to an administrative agency (TFSC, Texas Funeral Service
Commission CASE LAW AND STARE DECISIS
• - ANSWER Mortuary laws often dictated by court decisions
• Doctrine of stare decisis
COMMON LAW
• - ANSWER Applied to matters related to mortuary law
• Property rights in a dead human body
• Liability for payment of funeral expenses
• General rule of decent with regard to right and duty of disposition
FEDERAL LAWS
• - ANSWER FTC
•OSHA Americans with disabilities act
2023-2024
What is Law? - ANSWER Rules of civil commanding what is right and prohibiting what
is wrong Blackstones definition.
What is mortuary law? - ANSWER Branch of llaw which relatesw to matters concered woth
disposal of the dead Rules and principles that society has established for handling and
disposition of the dead(Text ) Stueve/ Gulligan
Also know as Mortuary Jurisprudence- - ANSWER Funeral servic- Funeral law
Common Law - ANSWER non legislated principles and rules of action.
Predicated upon usage and customs
rooted in English and early colonial law.
Constitutional Law-Developed naturally - ANSWER Written document containing
fundamental principles of government.
Powers ad duties of a government
rights of the people
Law of the land
Federal and individual state constitutions
Statutory Law-statutes - ANSWER Partifular law enacted by a legislative body.
United States Congress/ Federal Government
State legislatures/State Government
Police Power - ANSWER • Inherent power of every government to make reasonable laws
to protect the safety, health, morals and general welfare of its citizens (i.e.: licensure
requirements, health standards, business operations)
ADMINSTRATIVE LAW
• - ANSWER Body of law created by federal and state administrative agencies
• To implement their powers and duties in the form of rules, regulations, orders and decisions
, ADMINISTRATIVE AGENCY
• - ANSWER Appointed governmental body charged with implementing particular legislation
and have rule making authority (i.e.: OSHA, FTC, TFSC)
DOCTRINE OF STARE DECISIS
• - ANSWER When an issue is resolved by a court
• Establishes a "precedent" or "principle"
• Controls future court decisions
• Like cases decided in like manner
• Extremely important in mortuary law
SOURCES OF MORTUARY LAW:
STATE LAW AND REGULATIONS
• - ANSWER Principle regulators of the funeral service professor
• Based on states police power
• Delegated to an administrative agency (TFSC, Texas Funeral Service
Commission CASE LAW AND STARE DECISIS
• - ANSWER Mortuary laws often dictated by court decisions
• Doctrine of stare decisis
COMMON LAW
• - ANSWER Applied to matters related to mortuary law
• Property rights in a dead human body
• Liability for payment of funeral expenses
• General rule of decent with regard to right and duty of disposition
FEDERAL LAWS
• - ANSWER FTC
•OSHA Americans with disabilities act
