Funeral Law Midterm Review FSE 2080 |
100% Correct Answers | Verified | Latest
2024 Version
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
100% Correct Answers | Verified | Latest
2024 Version
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
