Funeral Law Midterm Review FSE2080 Practice Questions and Answers (100% Pass)
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Course
FSE
Institution
FSE
Funeral Law Midterm Review FSE2080 Practice
Questions and Answers (100% Pass)
List 3 Federal agencies which have enacted administrative rules and regulations
that pertain to funeral services - Answer️️ -OSHA, FTC and EPA
Occupational Safety and Health Regulations
Federal Trade Commission
...
Funeral Law Midterm Review FSE2080 Practice
Questions and Answers (100% Pass)
List 3 Federal agencies which have enacted administrative rules and regulations
that pertain to funeral services - Answer✔️✔️-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? - Answer✔️✔️-State
and Local laws
Define preemption - Answer✔️✔️-Dispute exist between federal and state laws.
Federal law would be followed as the more stringent.
Define police powers as it refers to statutory law - Answer✔️✔️-empowers state
legislature to enact laws for protection of general welfare, safety and health.
Statutes
Compare and contrast an ordinance and statute - Answer✔️✔️--Ordinance is local
pertaining to matters not already covered by a federal or state law.
Define property theory as it relates to dead bodies - Answer✔️✔️-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 property law.
Define the non-property theory as it relates to dead bodies - Answer✔️✔️-
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.
Define the quasi- property theory as it relates to dead bodies. - Answer✔️✔️-The
body is not personal property. Rights go the next of kin in regards of having
authority of direct disposition.
Which property theory (property, non-property, quasi) is currently the only
accepted theory relative to treatment of dead bodies? - Answer✔️✔️-The Quasi
Property
List the 5 modes (methods) of disposition - Answer✔️✔️-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? - Answer✔️✔️-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 - Answer✔️✔️-When a family has left instructions at a nursing home to call
a specific funeral home.
Define consanguinity - Answer✔️✔️-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 - Answer✔️✔️-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
Adult grandchild
Grandparents
Other relatives
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 sisters of the deceased and a dispute between 2 persons of
different rights of disposition such as a parent and daughter - Answer✔️✔️-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.
Define stare decisis - Answer✔️✔️-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? - Answer✔️✔️-3 nautical miles
How many bands must be placed on the casket prior to burial at sea? - Answer✔️✔️-
6
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. - Answer✔️✔️-
Guardian at the time of death
Personal rep of deceased
Attorney of deceased
Health surrogate
Public health officer
Medical examiner
County commissioner
Administrator
Nursing Home rep
Friend
Define actual custody - Answer✔️✔️-Physical possession of the dead body
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