Funeral Law Week 9

Express contract

Parties have clearly and plainly set out and agreed to the terms of the agreement.

Implied contact

Legally binding by virtue of the actions of the parties.

Quasi-contract

Created by a court where there is unjust enrichment.

Decedents estate

Primary responsibility for payment in absence of a contract or other statutory provision.

Insolvency

The position or inability to pay money owed to others.

Constitution, legislative branch, legislature, writes statutory law

How is a statute created?

Constitution, judicial branch, appellate courts, interprets statutory law, writes case law

How is a case law created?

District courts (trial courts), circuit courts (first level of appeal), Supreme Court

The federal court system has what three levels?

State courts

Have one or more levels of trial courts, where cases originate, and one or more levels of appellate courts, where decisions rendered by trial courts may be appealed by the parties involved.

Court of Appeals

The highest court in all states is named a Supreme Court, except for two exceptions in New York and Maryland, which is named what?

Administrative agency

Has rule making power.

Clinical death

Legal death; the absence of all vital signs.

Householder

One who owns or controls the real estate where a death occurs.

Duty

A moral or legal obligation or an act or course of action required of one.

Right

In accordance with accepted standards of moral or legal behavior, justice.

Right of selection

A surviving spouse who is separate but not divorced to the deceased has what right of final disposition?

Actual custody

The physical possession of the body.

Constructive custody

Where a party has a right to acquire actual custody/possession of the dead human body although another party has actual physical possession.

Trustee

One who holds a position of trust to the beneficiary.

Custom, religion, fraternal requirements, legal requirements, cemetery requirements

Items may be deemed necessary based on what?

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

What are the 6 primary sources of law in the United States?

Federal

Powers in the Constitution of the United States and those powers granted within the constitution to the three branches of federal governments.

10th amendment

Which amendment grants state governments police power?

Legislature or state legislature

In 27 states, the state legislative body is called a what?

General assembly

In 19 states, the state legislative body is called a what?

General court

In Massachusetts and New Hampshire, what is the state legislative body called?

Legislative assembly

In North Dakota and Oregon, the state legislative body is called a what?

Judge-made law

Common law is often called what?

Constitution, executive branch, administrative agencies, writes rules and regulations, enforces rules and regulations

How is administrative law created?

Code of Federal Rules

What is CFR?

Offer, acceptance, consideration, contractual capacity

For a contract to be legally enforceable, it must contain what four elements?

Probate law

Deals with the administration and settlement of estates.

Estrangement

The physical and/or emotional separation for a period of time showing the lack of affection, trust, and regard.