Mortuary law midterm study exam with questions and answers (100% solved)
"General Rule" landmark case - ✔✔✔-Pettigrew v. Pettigrew (1904)
actual custody or possession - ✔✔✔-the body is physically within the custody of the person
exercising the right of disposition. i.e. at home of next to kin OR funeral director
Aftercare (grief counseling) - ✔✔✔-1. don't refer grief counseling to therapy or the counselor as
a therapist. * grief facilitator is recommended
2. All F.H. employees participating in aftercare should have grief facilitation training.
3. refer any serious problems to a psychologist or psychiatrist.
4. grief counseling/aftercare should be covered by the funeral homes malpratice insurance.
Breach of fiduciary or implied duty - ✔✔✔-negligent for failure of duty arising from special
relationships or implied by law.
Bundle of rights w/ right to control funeral - ✔✔✔-1. whether to use a funeral home & what
funeral home
2. whether to have a service & what type of service to have
3. what merchandise to purchase
4. method of disposition (buried, cremated, etc.)
5. exclusion of others from possesion of body or involvement in funeral.
California - ✔✔✔-requires that the decedent's wishes be written
Case Law definition - ✔✔✔-generally a compilation if cases that have interpreted statutes &
regulations enacted under the Police Power to determine if the statute or regulation is
constitutional-meaning within the scope of the Police Power
Common Law - ✔✔✔-1. great body of unwritten law
, Mortuary law midterm study exam with questions and answers (100% solved)
2.consists of maxims, principles, & judicial decisions passed down
3. roots in English/colonial law
4. provides principles that govern our basic rights as members of society
Common Law definition - ✔✔✔-generally a compilation of principles that are considered law
because courts decided & enforced these principles prior to similar statutes or regulations being
enacted.
constructive custody or possession - ✔✔✔-the body is physically in the custody of another
person. i.e at a hospital or mortuary.
Contractual breaches - ✔✔✔-1. negligent embalming
2. negligent funeral directing
3. safeguard the body
4. privacy
5. defective merchandise
6. transportation
7. aftercare
Contractual Obligations - ✔✔✔-1. if breached, F.D. is liable.
2. involve emotional distress (mental anguish)
courts of equity - ✔✔✔-1. has authority to settle controversies concerning dead bodies
2. has authority to issue injunctions & other mandatory directions which parties must follow
cremation - ✔✔✔-1. not final disposition but one step in the process
2. cremains are collected & placed in an urn
"General Rule" landmark case - ✔✔✔-Pettigrew v. Pettigrew (1904)
actual custody or possession - ✔✔✔-the body is physically within the custody of the person
exercising the right of disposition. i.e. at home of next to kin OR funeral director
Aftercare (grief counseling) - ✔✔✔-1. don't refer grief counseling to therapy or the counselor as
a therapist. * grief facilitator is recommended
2. All F.H. employees participating in aftercare should have grief facilitation training.
3. refer any serious problems to a psychologist or psychiatrist.
4. grief counseling/aftercare should be covered by the funeral homes malpratice insurance.
Breach of fiduciary or implied duty - ✔✔✔-negligent for failure of duty arising from special
relationships or implied by law.
Bundle of rights w/ right to control funeral - ✔✔✔-1. whether to use a funeral home & what
funeral home
2. whether to have a service & what type of service to have
3. what merchandise to purchase
4. method of disposition (buried, cremated, etc.)
5. exclusion of others from possesion of body or involvement in funeral.
California - ✔✔✔-requires that the decedent's wishes be written
Case Law definition - ✔✔✔-generally a compilation if cases that have interpreted statutes &
regulations enacted under the Police Power to determine if the statute or regulation is
constitutional-meaning within the scope of the Police Power
Common Law - ✔✔✔-1. great body of unwritten law
, Mortuary law midterm study exam with questions and answers (100% solved)
2.consists of maxims, principles, & judicial decisions passed down
3. roots in English/colonial law
4. provides principles that govern our basic rights as members of society
Common Law definition - ✔✔✔-generally a compilation of principles that are considered law
because courts decided & enforced these principles prior to similar statutes or regulations being
enacted.
constructive custody or possession - ✔✔✔-the body is physically in the custody of another
person. i.e at a hospital or mortuary.
Contractual breaches - ✔✔✔-1. negligent embalming
2. negligent funeral directing
3. safeguard the body
4. privacy
5. defective merchandise
6. transportation
7. aftercare
Contractual Obligations - ✔✔✔-1. if breached, F.D. is liable.
2. involve emotional distress (mental anguish)
courts of equity - ✔✔✔-1. has authority to settle controversies concerning dead bodies
2. has authority to issue injunctions & other mandatory directions which parties must follow
cremation - ✔✔✔-1. not final disposition but one step in the process
2. cremains are collected & placed in an urn
