Lecture 1 Flashcards

1
Q

The branch of law that defines and punishes wrongful actions committed against the public

A

Criminal Law

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2
Q

The branch of law dealing with the definition and enforcement of all private or public rights

A

Civil Law

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3
Q

A body of enforceable rules governing relationships among individuals and between individuals and their society

A

Law

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4
Q

The failure to perform a legal obligation

A

Breach

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5
Q

A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

A

Primary Source of Law

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6
Q

A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

A

Secondary Source of Law

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7
Q

The body of law derived from the U.S. Constitution and the constitutions of the various states

A

Constitutional Law

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8
Q

The body of law enacted by legislative bodies

A

Statutory Law

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9
Q

A reference to a publication in which a legal authority or other source can be found

A

Citation

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10
Q

A regulation enacted by a city or county legislative body that becomes part of that state’s statutory law

A

Ordinance

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11
Q

A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

A

Uniform Law

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12
Q

The body of law created by administrative agencies in order to carry out their duties and responsibilities

A

Administrative Law

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13
Q

A federal or state government agency created by the legislature to perform a specific function

A

Administrative Agency

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14
Q

A crime that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty

A

Felony

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15
Q

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year

A

Misdemeanor

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16
Q

The body of law developed from custom or judicial decisions in English and U.S, courts, not attributable to a legislature

A

Common Law

17
Q

The rules of law announced in court decisions

18
Q

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

19
Q

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

A

Starre Decisis

20
Q

An administrative agency’s rule that carries the same weight as a congressionally enacted statute

A

Legislative Law

21
Q

Authority of a court to hear/decide a case

A

Jurisdiction

22
Q

Area within the jurisdiction; Locale/place where the case will be tried

23
Q

What is the progressive order of Federal Court

A

District Courts
Circuit Courts of Appeal
United States Supreme Courts
Special Federal Courts

24
Q

How many Judicial circuits are in the circuit court of appeals?

25
What is the progressive order of State Courts?
``` District Court (under 30,000) Circuit Court for ________ County Court of Special Appeals Court of Appeals State Courts of Specific Jurisdiction (Oprhan's Court) ```
26
Who is the Accusor?
Plantiff
27
Who is the Accused?
Defendant
28
Who is the asker?
Petitioner
29
Who is the responder?
Respondent
30
What are the Civil Court Procedures?
``` Complaint Summons Answer Discovery Trial Judgment Execution ```
31
What must be proven in court proceedings?
Damages
32
What are the Criminal Court Procedures?
``` Arrest Booking Initial Appearance Preliminary Hearing Grand Jury Review Arraignment Trial Sentencing Appeal ```
33
Sources of Mortuary Law
State laws and regulations Case Law Common Law Federal Law
34
Why Follow Mortuary Law?
Protect Consumers Protect Employees Improve quality of service to families we serve Allow you to stay in business
35
Bad in itself
Malum in Se
36
Murder, rape, etc
Malum in Se
37
Prohibited Act
Malum in Prohibitum
38
Speeding, not paying taxes, etc
Malum in Prohibitum