Funeral Service Law Exam 1 questions
with correct answers
Funeral Service Law, Mortuary Law, Mortuary Jurisprudence - correct answer ✔✔ Branch of law
which pertains to matters concerned with the disposal of the dead and regulation of funeral
directors, embalmers, and funeral establishments
-Derived largely from the Anglo-American common law, base on generally accepted moral
standards.
Law - correct answer ✔✔ Those rules of conduct commanding what is right and prohibiting
what is wrong
Constitution - correct answer ✔✔ The fundamental law that establishes the government, limits
what government can and cannot do and states the underlying principles to which the
government will conform
Federal Constitution - correct answer ✔✔ U.S. Supreme Court serves as the final arbiter in
disputes about whether a state or federal law violates the Constitution of the United States.
Prior to 1980, funeral law was generated primarily by the state legislatures and judicial decisions
by state and local courts. In the past 30 years, the federal government has emerged as a major
source of regulation to the funeral director. Some regulations are specific to funeral service such
as F.T.C., while other statutes and regulations cover many businesses such as O.S.H.A. A.D.A.,
etc.
State Constitution - correct answer ✔✔ State Supreme Court: final judge as to whether a state
law violates the Constitution of the United States. Whenever there is a conflict between state
and U.S. Constitution, the U.S. Constitution will prevail.
, The states are the principal regulators of the funeral profession. Each state has an inherent
authority known as police power.
Police Power - correct answer ✔✔ The inherent power of every government to make
reasonable laws to protect the safety, health, morals, and general welfare of its citizens.
It restricts individuals in the exercise of certain activities so as to promote common good. The
police power of the state empowers it to set standards and requires licenses of individuals that
wish to practice a certain profession or trade.
Every state except Colorado requires a license for the funeral profession. In order to retain the
license, the funeral director must perform his or her duties in an ethical manner that conforms
with the many governmental regulations which the state imposes.
Statute - correct answer ✔✔ A law enacted by a federal or state legislative body
Statutory Law - correct answer ✔✔ law created by legislative bodies in contrast to law
generated by judicial opinions (case law) and administrative bodies
Federal Statute - Federal Congress - Senate & House
Laws enacted by organized legislative bodies. They may be enacted, repealed, or amended at a
regular or special session of the lawmaking body.
State Statute - Indiana General Assembly - House & Senate
Municipal Ordinance - correct answer ✔✔ Laws enacted by municipality. City Council, County
Board of Supervisors, etc.
with correct answers
Funeral Service Law, Mortuary Law, Mortuary Jurisprudence - correct answer ✔✔ Branch of law
which pertains to matters concerned with the disposal of the dead and regulation of funeral
directors, embalmers, and funeral establishments
-Derived largely from the Anglo-American common law, base on generally accepted moral
standards.
Law - correct answer ✔✔ Those rules of conduct commanding what is right and prohibiting
what is wrong
Constitution - correct answer ✔✔ The fundamental law that establishes the government, limits
what government can and cannot do and states the underlying principles to which the
government will conform
Federal Constitution - correct answer ✔✔ U.S. Supreme Court serves as the final arbiter in
disputes about whether a state or federal law violates the Constitution of the United States.
Prior to 1980, funeral law was generated primarily by the state legislatures and judicial decisions
by state and local courts. In the past 30 years, the federal government has emerged as a major
source of regulation to the funeral director. Some regulations are specific to funeral service such
as F.T.C., while other statutes and regulations cover many businesses such as O.S.H.A. A.D.A.,
etc.
State Constitution - correct answer ✔✔ State Supreme Court: final judge as to whether a state
law violates the Constitution of the United States. Whenever there is a conflict between state
and U.S. Constitution, the U.S. Constitution will prevail.
, The states are the principal regulators of the funeral profession. Each state has an inherent
authority known as police power.
Police Power - correct answer ✔✔ The inherent power of every government to make
reasonable laws to protect the safety, health, morals, and general welfare of its citizens.
It restricts individuals in the exercise of certain activities so as to promote common good. The
police power of the state empowers it to set standards and requires licenses of individuals that
wish to practice a certain profession or trade.
Every state except Colorado requires a license for the funeral profession. In order to retain the
license, the funeral director must perform his or her duties in an ethical manner that conforms
with the many governmental regulations which the state imposes.
Statute - correct answer ✔✔ A law enacted by a federal or state legislative body
Statutory Law - correct answer ✔✔ law created by legislative bodies in contrast to law
generated by judicial opinions (case law) and administrative bodies
Federal Statute - Federal Congress - Senate & House
Laws enacted by organized legislative bodies. They may be enacted, repealed, or amended at a
regular or special session of the lawmaking body.
State Statute - Indiana General Assembly - House & Senate
Municipal Ordinance - correct answer ✔✔ Laws enacted by municipality. City Council, County
Board of Supervisors, etc.
