Funeral Service Law
NJ State Board Rules and Regulations
www.state.nj.us/lps/ca/mort/mortstat.pdf
PA: www.pacode.com
DE: www.delcode.state.de.us
What is Law?
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“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”
Failure to comply: sanctions &
consequences
“law expresses the desired social,
economic, and moral standards
established by society”
Business Law
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“those rules of conduct prescribed by a
government and its agencies in regulating
business transactions”
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e.g. Uniform Commercial Code (UCC)
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Uniform Probate Code (UPC)
Mortuary Law/ Mortuary
Jurisprudence/Funeral Service Law
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“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
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Common Law (Anglo-American)
Canon Law
Admiralty Law
Torah (Talmudic Law)
Napoleonic Code
Roman Law
Sources of Law
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Case Law/Judicial Decisions
Administrative Law
Constitutional Law
Statuatory Law:
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1) statutes: “laws enacted by federal or
state legislative bodies”
2) ordinances: “laws enacted by local
municipal governing bodies”
Sources of Law (cont’d)
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Criminal Law:
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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”
Sources of Law (cont’d)
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Civil Law (Tort Law)
A tort is a private or civil wrong
Negligence: failure to exercise the duty of
reasonable care
3 types of torts:
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1) intentional
2) accidental/negligence
3) malpractice
Written Sources of Law
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Constitution
Statutes
Ordinances
Regulations
Written laws are classified and organized
as codes and titles.
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Contract Law
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Substantive Law
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Procedural Law
Police Power
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“the inherent power of every government
to make reasonable laws to protect the
safety, health, morals and general welfare
of its citizens”
Judicial Process
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Types of Courts:
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1) Federal Courts: a) trial
b) appellate
2) State Courts: a) trial
b) appellate
4 Types of Federal Courts
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Federal District Courts
Federal courts of Appeals
U.S. Supreme court
Special Federal courts
4 Types of State Courts
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Inferior Courts
Courts of Original/General Jurisdiction
Appellate Courts
Special Court
Procedures to a Court Date
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Summons: defendant
Parties involved:
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Plaintiff: “individual who initiates the action”
Defendant: “person whom the action is
brought against”
Government Regulations
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Anti-trust laws e.g. Sherman Anti-trust
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Administrative Agencies
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e.g. OSHA
FTC
State Board of Mortuary Science