F S Law

a governmental body created by legislation empowered to regulate an industry and issue rules and regulations;

an appointed governmental body charged with implementing particular legislation.

rule making power

rules passed by state boards of funeral service are examples

that body of law created by Federal and State administrative agencies toimplement their powers and duties in the form of rules, regulations, orders and decisions (OSHA, FTC,state board rules and regulations)

those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions.

a dead human body intended solely for scientific study and dissection

appellate court decisions that establish precedent principles.

non legislated principles and rules of action predicated upon usages and customs;

a system of jurisprudence based on judicial precedents rather than statutory laws

judge made laws - source of much of our law today

any fundamental or important law or edict

documents that define the relationships of the parts of the government to each other and the relationships of the gevernment to its citzens

the placing, of a remains in a crypt in a mausoleum

the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property
of another

the occupier of a house- one who owns or controls real estate where a death occurs

a claim or charge against property for payment of some debt (There can be no lien against a dead human body for it is not property).

automotive equipment made available for hire.

mental suffering, resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., usually accompanied by physical injury or by an outrageous intentional or grossly negligent act.

a place where dead human bodies are kept until identified and/or released for final disposition.

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

derived from anglo-american common law

that distinct branch of the law that deals with the funeral director in his/her legal actions

any altering, or change made to a dead human body from the time of death, other than by natural causes;

altering of an object or a dead human body from its original condition.

failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under
ordinary circumstances or the doing of something which a reasonable and prudent would not do;

the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).

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

an act with complete disregard for proper conduct which transcends the bounds of common decency.

contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made;

a contract whereby both parties should recognize that any breach will usually cause anguish.

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

a decision of a court which is thereafter followed as an example in subsequent similar cases.

an action to recover possession of personal properly.

a law enacted by a federal or state legislative body.

a wrongful act committed by one person against another person or their property.

a law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives the right to another.

the body of a dead human being, deprived of life, but not yet entirely disintegrated.

Degree of kinship
- order

Invasion of rights include?

Types of estates

largest and most complete right one may possess in property because they have the right to possess the prroperty forever

property is owned for a lifetime

Types of contracts

contract in which parties express thier intentions with words - oral or written

duties and obligations parties assume are implied by thier conduct and acts

fictional contract applied by a court or a person who is unable to contract for themselves

raise obligation in law where in fact parties made no promisies

Secondary right to disposition falls to?

Types of custody

physical possession of dead human body

party has right to acquire body although another party has physical possession of body

Primary right of final disposition falls in which order?

Mutilation of a dead human body would consists of?

Methods of disposition

Three property theories

the legal status of a body was considered to be that of an object, exclusively within the control of the church for the purpose of burial

it had a false view of the legal status of a dead body being an object of property complete with all the characteristics of property

it is the current accapted legal status of a dead human body for the purpose of disposition;

the rights associated with the body are as if it were property

the funeral home has custody of the body for preservation and disposition

Liability of funeral director in a funeral procession

mortuary science in relation to the law

the art of science of dispensing of the dead

stand by the decision