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FSE 2080 Funeral Law Midterm-Questions with Correct Answers/ Verified/ 100% Pass
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FSE 2080 Funeral Law Midterm-Questions with Correct Answers/ Verified/ 100% Pass
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FSE 2080 Funeral Law Midterm-Questions with Correct Answers/ Verified/100% Pass
List 3 Federal agencies which have enacted administrative rules and regulations that pertain to
Funeral Services. - ✔️✔️-FTC
-OSHA
-EPA
Zoning laws fall under which source of funeral service law? - ✔️✔️Local Ordinances
Preemption - ✔️✔️dictates that if a dispute exists between states and federal law, federal law is
enacted
Define police powers as it refers to statutory law. - ✔️✔️licensure, health standards, and business
operations
Ordinance - ✔️✔️includes zoning laws, building codes, and any laws enacted by local government
Statutory Law - ✔️✔️laws created as statutes (local and state) that are enacted by legislative bodies
Define property theory as it relates to dead bodies - ✔️✔️the dead body is the personal property of
the NOK and therefore, the NOK could sell the body if desired. This has never been held as a valid
property law
Define the non-property theory as it relates to dead bodies - ✔️✔️death was a spiritual matter, the
church took possession of a dead body and directed the disposition
Define the Quasi-property theory as it relates to dead bodies - ✔️✔️states that though there is no
personal property in the body, there are certain rights that a NOK or POA has the right to direct the
disposition, but may not sell the boy for profit
What property theory is currently the only accepted theory relative to the treatment of dead
bodies? - ✔️✔️Quasi-property theory
,List the 5 modes (methods) of disposition - ✔️✔️1. Earth burial
2. Entombment
3. Cremation
4. Burial at Sea
5. Donation of body to medical science
According to EPA, what is the required water depth to bury a body at sea? - ✔️✔️600 feet
Give an example of an implied oral contract that is binding relative to funeral services - ✔️✔️the
person with the paramount right giving the funeral home permission to remove their loved one from
the hospital or place of death back to the funeral home. The implied oral contract would be that the
family would assume the funeral home will take proper care and necessary steps in taking care of
their loved ones to the best of their abilities
Consanguinity - ✔️✔️Blood relatives or persons for our purposes, the term that determines who is
the closest NOK to a deceased person
Order of persons who have the right of disposition - ✔️✔️1. Surviving Spouse
2. Adult Children
3.Parents
4. Adult Siblings
5. Adult Grandchildren
6. Grandparents
7. Other relatives
Who has the right of disposition if a dispute arises? - ✔️✔️If not within the same right, the wishes
of the higher right will be followed. If in the same right, wait until an agreement as been made or a
court order
Stare Decisis - ✔️✔️Once a particular issue is resolved by a court, a precedent of principle is
established which will control future decisions by court
According to the EPA, how many nautical miles offshore, must a ship be in order to bury a body at
sea? - ✔️✔️3 miles
,How many bands must be placed on the casket prior to burial at sea? - ✔️✔️6
Order of right to disposition, if only those of consanguinity are considered - ✔️✔️1. children
2. parents
3. siblings
4. grandchildren
5. grandparents
Actual Custody - ✔️✔️the physical possession of the dead human body or other property
Constructive Custody - ✔️✔️having the authority to control disposition although another party has
physical possession
. Mr. Smith dies in Pleasant Pastures Nursing Home and Mrs. Smith asks them to call the funeral
home. If the funeral home is not yet to the Nursing Home to make the transfer of remains, who has
actual and constructive custody? - ✔️✔️The family and the funeral home
Paramount Right - ✔️✔️The highest right among other lesser rights
With whom does the secondary right of disposition rest? - ✔️✔️with the state to dispose of dead
bodies if there is not family, the state will play for disposition
List the formalities required in the Uniform Anatomical Gift Act - ✔️✔️-decedent must be sounds of
mind
-over the age of 18
-2 witnesses must also sign
-relatives do not supersede the decision of the decedent
If the decedent wishes to donate his body to science and expresses his/her wishes in writing, who
can overrule that decision? - ✔️✔️no one can
, What source of law is based upon what is the right thing to do? - ✔️✔️common law
The legal term for a dead body - ✔️✔️corpse
The medical term for a dead body - ✔️✔️cadaver
List the 3 criteria of the Uniform Determination of Death Act, which is the basis for most state
definitions of death. - ✔️✔️-human
-deprived of life
-not entirely disintegrated
In the Uniform Determination of Death Act, does skeletal remains constitute as a corpse? -
✔️✔️not if entirely disintegrated
-typically dust of a decomposed body and the bones of a skeleton are not considered as a body
What right does an adopted child have with regard to the disposition of a parent? - ✔️✔️same right
as biological children
List the order in which the duty to dispose of a dead body is required if no one else steps forward -
✔️✔️1. householder must complete disposition if no one else will
2. surviving spouse
3. NOK
4. Public authorities
Give an example of how indemnification clause is used in funeral profession - ✔️✔️if post office
loses cremated remains, its USPS fault, not the funeral homes
List the 3 duties of a funeral director - ✔️✔️-statutory duties
-contractual duties
-common law duties
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