Funeral Law Midterm Review FSE2080
397 Questions and correct Answers
2024
List 3 Federal agencies which have enacted administrative rules and regulations that
pertain to funeral services -
✔️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? -
✔️State and Local laws
Define preemption -
✔️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 -
✔️empowers state legislature to enact laws for protection of general welfare, safety
and health. Statutes
Compare and contrast an ordinance and statute -
✔️-Ordinance is local pertaining to 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 -
✔️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 -
✔️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. -
✔️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? -
✔️The Quasi Property
List the 5 modes (methods) of disposition -
✔️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? -
✔️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
-
✔️When a family has left instructions at a nursing home to call a specific funeral
home.
Define consanguinity -
✔️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 -
✔️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 -
✔️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 -
✔️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? -
✔️3 nautical miles
How many bands must be placed on the casket prior to burial at sea? -
✔️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. -
✔️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 -
✔️Physical possession of the dead body
Define constructive custody -
✔️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? -
✔️Actual custody is Pleasant Pleasures Nursing Home
Constructive Custody is Mrs. Smith
Define Paramount right -
✔️The highest right, usually the surviving spouse
With whom does the secondary right of disposition rest? -
✔️It rests with the State
List the formalities require in the Uniform Anatomical Gift Act -
✔️Decedent must be of sound mind, over the age of 18, and 2 witness 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? -
✔️Nobody can
What source of law is based upon what is the right thing to do? -
✔️Common Law
The legal term for a dead human body -
✔️Corpse
The medical term for a dead human 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 a
corpse? -
✔️No
What right does an adopted child have with regard to the disposition of a parent? -
✔️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 -
✔️Guardian, Attorney, Friend if willing to step up
List the 3 sources of Duties of a Funeral Director. -
✔️statutory duties
contractual duties
common law duties
Explain what is meant by Fitness for a Particular Purpose warranty and give an
example. -
✔️The expectation that merchandise which is purchased will function in the specific
way for which is was purchased
example: if a family purchases a cardboard casket for a person who weighs 500
pounds, the funeral director has the responsibility to share with the family that this
specific casket may not function properly for this specific deceased.
Explain what is meant by Merchant-ability Warranty and give an example. -
✔️the expectation that merchandise will function in the way the average consumer
expects it to function
example: the average consumer expect the casket cap to close properly
Explain the funeral director's liability (responsibility) for the cars in the procession,
including the funeral coach and a pallbearer car driven by a non-funeral home
employee. -
✔️to be liable, have to show negligent driver was an agent of funeral home
Define tort. -
✔️a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
Explain whether you can refuse to release a body to a family if they owe you a
balance on a previous funeral bill. -
✔️actionable violation of family's right to burial without interference
explain what options you have for providing or not providing service to a family who
owes you a balance on a previous funeral bill. -
✔️Do not have to serve family
Distinguish between a common and private carrier. -
✔️common carrier- any carrier required by law to convey passengers without refusal
if the approved fare is paid (airline, train, etc.)
397 Questions and correct Answers
2024
List 3 Federal agencies which have enacted administrative rules and regulations that
pertain to funeral services -
✔️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? -
✔️State and Local laws
Define preemption -
✔️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 -
✔️empowers state legislature to enact laws for protection of general welfare, safety
and health. Statutes
Compare and contrast an ordinance and statute -
✔️-Ordinance is local pertaining to 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 -
✔️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 -
✔️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. -
✔️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? -
✔️The Quasi Property
List the 5 modes (methods) of disposition -
✔️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? -
✔️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
-
✔️When a family has left instructions at a nursing home to call a specific funeral
home.
Define consanguinity -
✔️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 -
✔️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 -
✔️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 -
✔️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? -
✔️3 nautical miles
How many bands must be placed on the casket prior to burial at sea? -
✔️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. -
✔️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 -
✔️Physical possession of the dead body
Define constructive custody -
✔️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? -
✔️Actual custody is Pleasant Pleasures Nursing Home
Constructive Custody is Mrs. Smith
Define Paramount right -
✔️The highest right, usually the surviving spouse
With whom does the secondary right of disposition rest? -
✔️It rests with the State
List the formalities require in the Uniform Anatomical Gift Act -
✔️Decedent must be of sound mind, over the age of 18, and 2 witness 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? -
✔️Nobody can
What source of law is based upon what is the right thing to do? -
✔️Common Law
The legal term for a dead human body -
✔️Corpse
The medical term for a dead human 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 a
corpse? -
✔️No
What right does an adopted child have with regard to the disposition of a parent? -
✔️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 -
✔️Guardian, Attorney, Friend if willing to step up
List the 3 sources of Duties of a Funeral Director. -
✔️statutory duties
contractual duties
common law duties
Explain what is meant by Fitness for a Particular Purpose warranty and give an
example. -
✔️The expectation that merchandise which is purchased will function in the specific
way for which is was purchased
example: if a family purchases a cardboard casket for a person who weighs 500
pounds, the funeral director has the responsibility to share with the family that this
specific casket may not function properly for this specific deceased.
Explain what is meant by Merchant-ability Warranty and give an example. -
✔️the expectation that merchandise will function in the way the average consumer
expects it to function
example: the average consumer expect the casket cap to close properly
Explain the funeral director's liability (responsibility) for the cars in the procession,
including the funeral coach and a pallbearer car driven by a non-funeral home
employee. -
✔️to be liable, have to show negligent driver was an agent of funeral home
Define tort. -
✔️a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
Explain whether you can refuse to release a body to a family if they owe you a
balance on a previous funeral bill. -
✔️actionable violation of family's right to burial without interference
explain what options you have for providing or not providing service to a family who
owes you a balance on a previous funeral bill. -
✔️Do not have to serve family
Distinguish between a common and private carrier. -
✔️common carrier- any carrier required by law to convey passengers without refusal
if the approved fare is paid (airline, train, etc.)
