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Definition of sepulture in the Legal Dictionary - by Free online English dictionary and encyclopedia. What is sepulture? Meaning of sepulture as a legal term. What does sepulture mean in law?
- Case Study: Darcy v. Presbyterian Hospital, 202 N.Y. 259
- What Do You Need to Prove in A Right of Sepulcher Case?
- Who Has Legal Right to A deceased body?
- How Do Defendants Interfere with Right of Sepulcher?
- What Damages Can You Recover For Violation of Right of Sepulcher?
- Does Right of Sepulcher Cover Stillborn Babies?
- Can You Sue A Government Agency For Right of Sepulcher?
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One of the earliest cases to discuss the right of sepulcher is the New York Court of Appeals decision in Darcy. 202 N.Y. 259 (1911). 1. In Darcy, decedent was taken to a hospital to receive treatment for aliments when he passed away. 202 N.Y. at 261. 2. Plaintiff in the action, his mother and only surviving next of kin, was entitled to take possess...
Since Darcy, in order for a plaintiff to recover in a cause of action for interference with the right of sepulcher, the plaintiff must show³: 1. plaintiff is the decedent’s next of kin 2. plaintiff had a right to possession of the remains 3. defendant interfered with plaintiff’s right to immediate possession of the decedent’s body 4. the interferen...
New York Public Health Law § 4201 lists in descending order the priority of persons who shall have the right to dispose of a decedent’s remains.⁴ In addition, under Public Health Law § 4201, one who acts “reasonably and in good faith” in disposing of a decedent’s remains are not subject to civil liability if disposal is done with the reasonable bel...
Courts have found a defendant interfered with a plaintiff’s right to immediate possession of the decedent’s body in cases where there have been: 1. an unauthorized autopsy 2. disposal of remains inadvertently 3. failure to notify the next of kin of the death⁶ This, however, is not an exhaustive list.⁷
The damages for violation of the right of sepulcher “are limited to the emotional suffering, mental anguish and psychological injuries and physical consequences thereof experienced by the next of kin as a result of the interference with the right of sepulcher.”⁸ An award of damages can vary depending on the jurisdiction. In Estate of Loughlin, the ...
The right of sepulcher also extends to stillborn infants.¹⁰ Despite this, the case law is unclear whether the rights of sepulcher are extended to fetal remains under twenty (20) weeks of gestational age.¹¹ (Reasoning that under Public Health Law § 4162, fetal tissue under twenty weeks is not required to be treated in the same manner as a deceased p...
An additional hurdle is imposed in cases where a plaintiff sues a governmental entity based on the right of sepulcher, and in most cases that claim will be subject to the defense of governmental immunity.¹² Generally, in order for liability to be imposed for the negligent performance of a governmental function, the defendant must have assumed a spe...
Interference with the right of sepulcher claims can become a heavily fact-specific inquiry and involves a thorough understanding of the relevant case law and statutes. If you believe you and your family have been the victim of medical malpractice, our firm can help. Call today to get started. Sources: ¹See Shipley v. City of New York, 25 N.Y.3d 645...
Sepulture, Better Case Briefs Better Grades(TM) Since 1989 we have taught almost 1 million law students how to succeed in law school with our exam writing, substantive law lectures, law school outlines, flashcards, case briefs, practice exams, questions and answers and Dean’s Law Dictionary.
Sepulture Definition. Burial; interment. A burial place. A sepulcher. (archaic) Alternative form of sepulchre.
Definitions of sepulture. noun. the ritual placing of a corpse in a grave. synonyms: burial, entombment, inhumation, interment. see more. noun. a chamber that is used as a grave. synonyms: burial chamber, sepulcher, sepulchre. see more.
May 7, 2024 · All rights reserved. Word origin. OFr < L sepultura < sepelire, to bury: see sepulcher. Word Frequency. sepulture in American English. (ˈsepəltʃər) noun. 1. the act of placing in a sepulcher or tomb; burial. 2. sepulcher; tomb. Most material © 2005, 1997, 1991 by Penguin Random House LLC.
May 27, 2001 · A theory about the nature of law, as opposed to critical theories of law, concentrates on the first of these two questions. It purports to explain what the normativity of law actually consists in. Some contemporary legal philosophers, however, doubt that these two aspects of the normativity of law can be separated.
