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FSE 2080 FUNERAL LAW MIDTERM EXAM | 300 QUESTIONS | WITH SOLVED ANSWERS!!
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FSE 2080 FUNERAL LAW MIDTERM EXAM | 300 QUESTIONS | WITH SOLVED ANSWERS!!
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FSE 2080 FUNERAL LAW MIDTERM EXAM |300 QUESTIONS | WITH SOLVED ANSWERS!!
List 3 Federal agencies which have enacted administrative rules and regulations
that pertain to Funeral Services. Answer - -FTC
-OSHA
-EPA
Zoning laws fall under which source of funeral service law? Answer - Local
Ordinances
Preemption Answer - dictates that if a dispute exists between states and
federal law, federal law is enacted
Define police powers as it refers to statutory law. Answer - licensure, health
standards, and business operations
Ordinance Answer - includes zoning laws, building codes, and any laws enacted
by local government
Statutory Law Answer - laws created as statutes (local and state) that are
enacted by legislative bodies
Define property theory as it relates to dead bodies Answer - 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 Answer - 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 Answer - 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? Answer - Quasi-property theory
List the 5 modes (methods) of disposition Answer - 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?
Answer - 600 feet
Give an example of an implied oral contract that is binding relative to funeral
services Answer - 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 Answer - 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 Answer - 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? Answer - 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 Answer - 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? Answer - 3 miles
How many bands must be placed on the casket prior to burial at sea? Answer -
6
Order of right to disposition, if only those of consanguinity are considered
Answer - 1. children
2. parents
3. siblings
4. grandchildren
, 5. grandparents
Actual Custody Answer - the physical possession of the dead human body or
other property
Constructive Custody Answer - 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?
Answer - The family and the funeral home
Paramount Right Answer - The highest right among other lesser rights
With whom does the secondary right of disposition rest? Answer - 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 Answer - -
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? Answer - no one can
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