Funeral Service Law NJ State Board Rules and Regulations PA: DE:

What is Law? “a rule of action prescribed by an authority able to enforce its will” “a rule of action prescribed by an authority able to enforce its will” “rules of conduct commanding what is right and prohibiting what is wrong” “rules of conduct commanding what is right and prohibiting what is wrong” Failure to comply: sanctions & consequences Failure to comply: sanctions & consequences “law expresses the desired social, economic, and moral standards established by society” “law expresses the desired social, economic, and moral standards established by society”

Business Law “those rules of conduct prescribed by a government and its agencies in regulating business transactions” “those rules of conduct prescribed by a government and its agencies in regulating business transactions” e.g. Uniform Commercial Code (UCC) e.g. Uniform Commercial Code (UCC) Uniform Probate Code (UPC) Uniform Probate Code (UPC)

Mortuary Law/ Mortuary Jurisprudence/Funeral Service Law “branch of the law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments” “branch of the law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments”

Early sources of Law Common Law (Anglo-American) Common Law (Anglo-American) Canon Law Canon Law Admiralty Law Admiralty Law Torah (Talmudic Law) Torah (Talmudic Law) Napoleonic Code Napoleonic Code Roman Law Roman Law

Sources of Law Case Law/Judicial Decisions Case Law/Judicial Decisions Administrative Law Administrative Law Constitutional Law Constitutional Law Statuatory Law: Statuatory Law: 1) statutes: “laws enacted by federal or state legislative bodies” 1) statutes: “laws enacted by federal or state legislative bodies” 2) ordinances: “laws enacted by local municipal governing bodies” 2) ordinances: “laws enacted by local municipal governing bodies”

Sources of Law (cont’d) Criminal Law: Criminal Law: 1) felony: “a more serious criminal offense that is punishable by death or by imprisonment in a penitentiary for more than one year” 1) felony: “a more serious criminal offense that is punishable by death or by imprisonment in a penitentiary for more than one year” 2) misdemeanor: “a les serious criminal offense, generally punishable by fine and/or imprisonment of less than one year” 2) misdemeanor: “a les serious criminal offense, generally punishable by fine and/or imprisonment of less than one year”

Sources of Law (cont’d) Civil Law (Tort Law) Civil Law (Tort Law) A tort is a private or civil wrong A tort is a private or civil wrong Negligence: failure to exercise the duty of reasonable care Negligence: failure to exercise the duty of reasonable care 3 types of torts: 3 types of torts: 1) intentional 1) intentional 2) accidental/negligence 2) accidental/negligence 3) malpractice 3) malpractice

Written Sources of Law Constitution Constitution Statutes Statutes Ordinances Ordinances Regulations Regulations Written laws are classified and organized as codes and titles. Written laws are classified and organized as codes and titles.

Contract Law Contract Law Substantive Law Substantive Law Procedural Law Procedural Law

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

Judicial Process Types of Courts: Types of Courts: 1) Federal Courts: a) trial 1) Federal Courts: a) trial b) appellate b) appellate 2) State Courts: a) trial 2) State Courts: a) trial b) appellate

4 Types of Federal Courts Federal District Courts Federal District Courts Federal courts of Appeals Federal courts of Appeals U.S. Supreme court U.S. Supreme court Special Federal courts Special Federal courts

4 Types of State Courts Inferior Courts Inferior Courts Courts of Original/General Jurisdiction Courts of Original/General Jurisdiction Appellate Courts Appellate Courts Special Court Special Court

Procedures to a Court Date Summons: defendant Summons: defendant Parties involved: Parties involved: Plaintiff: “individual who initiates the action” Plaintiff: “individual who initiates the action” Defendant: “person whom the action is brought against” Defendant: “person whom the action is brought against”

Government Regulations Anti-trust laws e.g. Sherman Anti-trust Anti-trust laws e.g. Sherman Anti-trust Administrative Agencies Administrative Agencies e.g. OSHA e.g. OSHA FTC FTC State Board of Mortuary Science State Board of Mortuary Science