Questions All Solved.
Funeral Service/Mortuary Law - Answer Derived largely from Anglo American common law, that
distinct branch of law which deals with rules of conduct & action governing funeral directors
Sources of Funeral Service Law - Answer Rules & principles of mortuary law, historically, are the
expressions of rules & principles of action & conduct which society by experience has found necessary &
beneficial in expediting task of disposing of the dead
1. Constitutional
2. Legislative
3. Administrative
4. Contract Law
5. Case Law
6. Common Law
Constitutional - Answer Document that defines relationships of parts of the government to each other
& relationships of government to its citizens
Supreme law of the land - Answer US Constitution
Federal Constitution - Answer US Supreme Court is the final arbiter in disputes
State Constitution - Answer Principal regulator of funeral profession
Legislative - Answer 1. Federal Statutes
2. States Statutes
3. Municipal ordinances
4. Exercise police power
, Examples of Police Power - Answer 1. Licensure
2. Health standards
3. Business operations
Statutes - Answer Laws enacted by organized federal or state legislative body
Ordinance - Answer Law passed by local municipal body
Examples of ordinances - Answer Zoning, building, safety, etc
Police Power - Answer Inherit power of every sovereignty to pass reasonable laws to protect safety,
health, morals & general welfare of its citizens
Administrative - Answer 1. Federal rules & regulations
2. State rules & regulations
3. Administrative agencies - Rule Making Power
Examples of Administrative - Answer 1. FTC
2. State boards
3. Health department
Rule Making Power - Answer Issues orders & decrees that have a force of law
Case Law - Answer Many of principals & rules of mortuary law are found expressed in decisions of the
court
1. Federal
2. State
3. Stare Decisis
4. Precedent