Mortuary Law: Lesson 1 - Funeral Service law

How is funeral service law defined?

The branch of law concerned with the disposal of the dead and regulation of funeral service practitioners and establishments (including funeral directors, funeral homes, and schools).

What are the rules of conduct that command what is right and prohibit what is wrong?

Laws

Name the six sources of funeral service law mentioned in the transcript.

Federal and state constitutions, federal and state statutory laws, municipal ordinances/local laws, administrative law, case law, and common law.

What authority does the federal constitution grant to the three branches of government?

To create, enforce, and interpret laws, rules, and regulations.

What is the primary function of the legislative branch?

To create laws, rules, and regulations.

What is the primary function of the judicial branch?

To interpret laws, rules, and regulations and render decisions known as case law.

What is the primary function of the executive branch?

To enforce laws, rules, and regulations.

What is the definition of statutory law?

A law enacted by a legislature or a legislative body.

Which body serves as the federal legislative body in the United States?

The US Congress.

What are the two houses of the US Congress?

The US Senate (upper house) and the US House of Representatives (lower house).

How many senators are in the US Senate?

100

How is the number of representatives in the House of Representatives determined?

Based on the population of the states.

What is legislation seeking to create a new law initially known as?

A bill

What are the alternative names for a statute at the federal level?

United States Code, US Code, law, or USC.

From which amendment do state legislative bodies derive their lawmaking authority?

The tenth amendment to the US constitution.

What is the definition of police power granted by the tenth amendment?

The power to make reasonable laws to protect the safety, health, morals, and general welfare of the citizens.

Which government entities are included under municipal governments?

Counties, parishes, cities, towns, and villages.

What do municipal governments pass to regulate activities specific to their communities?

Ordinances and local laws.

How is case law defined?

Appellate court decisions based on custom usage and prior decisions.

What type of courts consider appeals from cases previously heard in trial courts?

Appellate courts

Name the seven elements an appellate court considers when rendering a decision.

Briefs, testimonies, legislative records, administrative agency records, case precedents, stare decisis, and existing common law.

In court proceedings, what are briefs?

Written documents submitted to the court by the parties involved.

What is the purpose of reviewing legislative records in an appellate court?

To provide insight into the intent and purpose of the statutes as stated and argued by the legislators.

What is the principle of adhering to prior rules and decisions of a higher court called?

Stare decisis

What are the three levels of the federal court system?

District courts (trial courts), circuit courts (first level of appeals), and the Supreme Court of the United States (highest level).

How many US district courts are there currently?

94

How many US circuit courts or courts of appeal are there currently?

13

Where is the one US Supreme Court located?

Washington DC

What is another name for a trial court where cases originate?

Court of origination.

In 48 states, what is the highest court of appeals called?

The Supreme Court

In which two states is the highest court named the Court of Appeals rather than the Supreme Court?

New York and Maryland.

Common law is derived from a court review of which four elements?

Customs, practices, judicial rulings and decisions, and established case law.

What is the nickname for common law because it originates in the judicial branch?

Judge made law

Through what entities does the executive branch of government function?

Administrative agencies

What are the companion rules and regulations that enhance and support statutory laws?

Administrative law

What is the primary federal agency that regulates the funeral industry?

The FTC (Federal Trade Commission).

What are the rules and regulations written by the executive branch of federal government collectively known as?

Code of Federal Regulations or CFRs.

What specific federal administrative law was written by the Federal Trade Commission for the funeral industry?

The funeral rule

What is the role of state administrative agencies?

To create and enforce administrative laws, further define state statutory laws, and issue guidance to the public.

What specific agency in Texas enforces licensing and regulates funeral homes and schools?

Texas Funeral Service Commission

According to the transcript, who regulates the education of individual funeral directors and embalmers in Texas?

The Texas Funeral Service Commission.

What is an example of a federal statutory law mentioned in the lecture?

The requirement to pay taxes to the IRS.

What is an example of a municipal ordinance mentioned in the lecture?

A noise ordinance in Conroe, Texas.

Which amendment grants states the power to protect the safety, health, morals, and general welfare of citizens?

The tenth amendment.

What is the first step in the creation of a law at the federal level?

It starts as a bill.

What is the term for the first level of appeals courts in the federal system?

Circuit courts

Which branch of government issues advisories, orders, and decisions relevant to administrative laws?

The executive branch.

What consists of sworn testimony relevant to a case considered by appellate courts?

Testimony

To which branch of government do administrative agencies belong?

The executive branch.

Which source of funeral service law is defined as court decisions based on custom and prior decisions?

Case law

How are laws defined within the context of Funeral Service Law?

Rules of conduct commanding what is right and prohibiting what is wrong.

What are the three specific areas of concern for Funeral Service Law?

Disposal of the dead, regulation of funeral service practitioners, and regulation of funeral service establishments.

Name the six sources of Funeral Service Law listed in the transcript.

Federal and State Constitutions, Federal and State Statutory Laws, Municipal Ordinances and Local Laws, Administrative Laws, Case Law, and Common Law.

What three authorities does the Federal Constitution grant to the three branches of government?

To Create, Enforce, and Interpret laws, rules, and regulations.

What is the definition of a Statute?

A law enacted by a legislature or legislative body.

Which two bodies compose the federal legislative body known as the U.S. Congress?

U.S. Senate and U.S. House of Representatives.

Where does the U.S. Congress meet?

In the U.S. Capital in Washington, D.C.

What is a Bill?

Legislation seeking to create a new law.

What provides the authority for state legislative bodies to make laws?

The $10^{th}$ amendment to the U.S. Constitution.

What is the definition of Police Power granted to the states?

Power to make reasonable laws to protect the safety, health, morals, and general welfare of their citizens.

Which local entities are categorized as Municipal governments?

Counties, parishes, cities, towns, and villages.

Provide the example of a municipal ordinance mentioned for the City of Conroe.

Loud Noice Ordinance in the City of Conroe

How is Case Law defined?

Appellate court decisions based on custom, usage, and prior decisions.

What is the primary function of Appellate courts?

To consider appeals from cases already heard in a trial (lower) court.

What is the definition of the principal of stare decisis?

Adherence to the principal of prior rules and decisions of a higher court (case precedents).

What are the three levels of the Federal Court System?

District Courts, Circuit Courts/Appellate Courts, and the Supreme Court of the United States.

How many U.S. District Courts and U.S. Circuit (appeal) Courts exist?

There are $94$ U.S. District Courts and $13$ U.S. Circuit Courts.

What is the State Supreme Court called in New York and Maryland?

Court of Appeals

What is the root of Common Law?

Common Law is derived from a court review of custom, practice, judicial rulings and decisions, and established Case Law.

Why is Common Law sometimes called Judge-Made Law?

Because it originates in the judicial branch of government.

How does the Executive Branch of government function in relation to law?

It functions through Administrative Agencies and writes companion rules known as Administrative Law.

What is the collective name for rules and regulations written by the federal Executive Branch?

Code of Federal Regulations (CFRs/Codes).

Which administrative agency wrote the Funeral Rule?

The Federal Trade Commission (FTC).

According to the recap, what type of laws are produced by the Legislative Branch?

Statutory Laws (U.S. Codes)

According to the recap, what type of laws are produced by the Judicial Branch?

Case Laws (Judge-Made Laws)

a governmental body created by legislation empowered to make and enforce rules and regulations

Administrative Agency

the rules and regulations created by Federal and State administrative agencies (e.g., OSHA, FTC, state board rules and regulations)

Administrative Law

appellate court decisions based on custom and usage and prior decisions

Case Law

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

Constitution

a legally enforceable agreement

Contract

that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments

Funeral Service Law (Mortuary Law/Mortuary Jurisprudence)

those rules of conduct demanding what is right and prohibiting what is wrong

Law

that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments

Mortuary Law (Funeral Service Law/Mortuary Jurisprudence)

a law passed by a local municipal governing body (e.g., zoning, building, safety, etc.)

Ordinance

the inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens

Police Power

laws created by an administrative agency within its jurisdiction

Rules and Regulations

a policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same

Stare Decisis

a law enacted by a legislative body

Statute

From which branch of government did the code of federal regulations originate?

executive branch

Through what specific agencies did the code of federal regulations come from the executive branch?

administrative agencies

What are federal regulation rules commonly referred to as?

CFRs

Which title of the CFRs regulates funeral practitioners?

Title 16

Which organization enforces Title 16 regarding funeral practitioners?

United States FTC or Federal Trade Commission

What is the primary name mentioned for the rule regulating funeral practitioners?

the funeral rule

What is the shortest name mentioned that the rule can be called?

the rule

What is the three-word name variation for the rule mentioned in Chapter 1?

the funeral rule

Why is the rule frequently called the FTC funeral rule?

because it's enforced by the Federal Trade Commission

Who in the United States is required to comply with the funeral rule?

All funeral establishments and directors

In addition to the funeral rule, what else must funeral directors in the United States comply with?

their state's regulations

What is the title of the guidebook published by the FTC for funeral professionals?

complying with the funeral rule