DIFS Funeral Service Law Exam 1 Questions and Answers, Graded to Pass

Funeral Service/Mortuary Law - cORRECT sOLUTION 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 - cORRECT sOLUTION 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 - cORRECT sOLUTION Document that defines relationships of parts of the government to each other & relationships of government to its citizens Supreme law of the land - cORRECT sOLUTION US Constitution Federal Constitution - cORRECT sOLUTION US Supreme Court is the final arbiter in disputes State Constitution - cORRECT sOLUTION Principal regulator of funeral profession Legislative - cORRECT sOLUTION 1. Federal Statutes 2. States Statutes 3. Municipal ordinances 4. Exercise police power Examples of Police Power - cORRECT sOLUTION 1. Licensure 2. Health standards 3. Business operations Statutes - cORRECT sOLUTION Laws enacted by organized federal or state legislative body Ordinance - cORRECT sOLUTION Law passed by local municipal body Examples of ordinances - cORRECT sOLUTION Zoning, building, safety, etc Police Power - cORRECT sOLUTION Inherit power of every sovereignty to pass reasonable laws to protect safety, health, morals & general welfare of its citizens Administrative - cORRECT sOLUTION 1. Federal rules & regulations 2. State rules & regulations 3. Administrative agencies - Rule Making Power Examples of Administrative - cORRECT sOLUTION 1. FTC 2. State boards 3. Health department Rule Making Power - cORRECT sOLUTION Issues orders & decrees that have a force of law Case Law - cORRECT sOLUTION Many of principals & rules of mortuary law are found expressed in decisions of the court