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FSE 2080- FUNERAL LAW
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MIDTERM REVIEW EXAM
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STUDY GUIDE QUESTIONS
COMPLETE WITH
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DETAILED VERIFIED
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ANSWERS 100% CORRECT
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/A+GRADED
,List 3 Federal agencies which have enacted administrative rules and regulations that pertain to
funeral services - ANS OSHA, FTC and EPA
Occupational Safety and Health Regulations
Federal Trade Commission
Environmental Protection Agency
Zoning laws fall under which source of funeral service law? - ANS State and Local laws
Define preemption - ANS Dispute exist between federal and state laws. Federal law would be
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followed as the more stringent.
Define police powers as it refers to statutory law - ANS empowers state legislature to enact
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laws for protection of general welfare, safety and health. Statutes
Compare and contrast an ordinance and statute - ANS -Ordinance is local pertaining to
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matters not already covered by a federal or state law.
-Statute is enacted by legislative body (state)
Define property theory as it relates to dead bodies - ANS The dead body is property of the
next of kin. The next of kin could sell body if desired. This has never been held as a valid
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property law.
Define the non-property theory as it relates to dead bodies - ANS Considered a spiritual
matter, therefore the church had the right to take possession of the body. This was done in
Europe hundreds of years ago.
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Define the quasi- property theory as it relates to dead bodies. - ANS The body is not personal
property. Rights go the next of kin in regards of having authority of direct disposition.
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Which property theory (property, non-property, quasi) is currently the only accepted theory
relative to treatment of dead bodies? - ANS The Quasi Property
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List the 5 modes (methods) of disposition - ANS 1. Burial
2. Entombment
3.Cremation
4.Burial at Sea
5.Anatomical Donation
According to the Environmental Protection Agency, what is the required water depth to bury a
body at sea? - ANS 600 feet. However, in certain areas, the requirement is 1800 feet
Give an example of an implied oral contract that is binding relative to funeral services - ANS
When a family has left instructions at a nursing home to call a specific funeral home.
,Define consanguinity - ANS Blood relation of a person. Determines the next of kiin
Be able to list the order of persons who have the right of disposition. This includes knowing the
rights of the spouses, divorced spouses, separated spouses, children, adopted children, step
children, siblings and parents - ANS Surviving spouse (unless spouse has been arrested for
committing a crime against the deceased, which could be related to the death)
Adult children
Parents
Adult siblings
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Adult grandchild
Grandparents
Other relatives
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Be prepared to determine who has the right of disposition if a dispute arises. Know the
difference between a dispute between 2 persons within the same right of disposition, such as
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sisters of the deceased and a dispute between 2 persons of different rights of disposition such
as a parent and daughter - ANS If not within the same right, the wishes of the highest right of
disposition needs to be followed.
If in the same right, wait until an agreement is reached or a court order.
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Define stare decisis - ANS Previous similar legal decisions will be followed.
According to the EPA, how many nautical miles offshore must a ship be in order to bury a body
at sea? - ANS 3 nautical miles
How many bands must be placed on the casket prior to burial at sea? - ANS 6
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Be able to know the order of persons who have the right of disposition, as well as the order of
persons if only those of consanguinity are considered. - ANS Guardian at the time of death
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Personal rep of deceased
Attorney of deceased
Health surrogate
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Public health officer
Medical examiner
County commissioner
Administrator
Nursing Home rep
Friend
Define actual custody - ANS Physical possession of the dead body
Define constructive custody - ANS One party has the rights but another party has physical
possession. Ex: Funeral Home
, Mr. Smith dies in Pleasant Pleasures 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 the
remains, who has actual and constructive custody? - ANS Actual custody is Pleasant
Pleasures Nursing Home
Constructive Custody is Mrs. Smith
Define Paramount right - ANS The highest right, usually the surviving spouse
With whom does the secondary right of disposition rest? - ANS It rests with the State
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List the formalities require in the Uniform Anatomical Gift Act - ANS Decedent must be of
sound mind, over the age of 18, and 2 witness must also sign.
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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,
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who can overrule that decision? - ANS Nobody can
What source of law is based upon what is the right thing to do? - ANS Common Law
The legal term for a dead human body - ANS Corpse
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The medical term for a dead human body - ANS Cadaver
List the 3 criteria of the Uniform Determination of Death Act, which is the basis for most state
definitions of death - ANS Human
Deprived of life
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Not entirely disintegrated
In the Uniform Determination of Death Act, does skeletal remains constitute a corpse? - ANS
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No
What right does an adopted child have with regard to the disposition of a parent? - ANS
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Same rights as a biological child
List the order in which duty to dispose of a dead body is required if no one else steps forward -
ANS Guardian, Attorney, Friend if willing to step up
List the 3 sources of Duties of a Funeral Director. - ANS statutory duties
contractual duties
common law duties
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