Mortuary Law- Exam 1 questions well
answered
Law rules of civil conduct commanding what is right and prohibiting what is wrong
Mortuary Law rules and principles that society has established for handling and disposition of
the dead
What are other names for Mortuary Law? Mortuary jurisprudence, funeral service law, and
funeral law
What type of law is unwritten, also called 'law of the people'? Common Law
What type of law requires proper disposition of the body? Police power
What type of law does OSHA, FTC, and TFTC fall under? Administrative agency
What type of law is translated as 'the decision stands'? Stare Decisis
When applied to Mortuary Law, what does common law govern? Property rights of the body,
liability for payment, and rule of descent for right and duty of disposition
Dead human body body of a human; identified or unidentified; not yet entirely disintegrated
Would a wholly dismembered body or skeletal remains be considered a dead human body?
NO
, Corpse synonymous (same as) dead human body
Death a state of complete and irreversible cessation of metabolic processes leading ultimately
to dissolution of organs
What 3 conditions must a body meet to be declared legally dead? Cessation of heart, brain, and
lungs (tripod of life)
What is the new medical/legal definition of death? Brain death
Brain death total and irreversible cessation of brain function, including brain stem; indicated
by EEG reading
Body Parts organs, tissues, eyes, bones, arteries, blood, other fluids, or any other portion of
a human body for transplantation
After removal of body parts, who has custody of the body? The person who has right and duty
of final disposition
No Property Theory Ecclesiastical (church) theory; body is within exclusive control of the
church; body is property of no individual person
Property Theory dead body viewed as property of surviving family member; no longer an
accepted theory
Quasi-property Theory "property-like"; body's property rights belong to NOK or spouse
and are for purpose(s) of disposition only
*current accepted theory*
answered
Law rules of civil conduct commanding what is right and prohibiting what is wrong
Mortuary Law rules and principles that society has established for handling and disposition of
the dead
What are other names for Mortuary Law? Mortuary jurisprudence, funeral service law, and
funeral law
What type of law is unwritten, also called 'law of the people'? Common Law
What type of law requires proper disposition of the body? Police power
What type of law does OSHA, FTC, and TFTC fall under? Administrative agency
What type of law is translated as 'the decision stands'? Stare Decisis
When applied to Mortuary Law, what does common law govern? Property rights of the body,
liability for payment, and rule of descent for right and duty of disposition
Dead human body body of a human; identified or unidentified; not yet entirely disintegrated
Would a wholly dismembered body or skeletal remains be considered a dead human body?
NO
, Corpse synonymous (same as) dead human body
Death a state of complete and irreversible cessation of metabolic processes leading ultimately
to dissolution of organs
What 3 conditions must a body meet to be declared legally dead? Cessation of heart, brain, and
lungs (tripod of life)
What is the new medical/legal definition of death? Brain death
Brain death total and irreversible cessation of brain function, including brain stem; indicated
by EEG reading
Body Parts organs, tissues, eyes, bones, arteries, blood, other fluids, or any other portion of
a human body for transplantation
After removal of body parts, who has custody of the body? The person who has right and duty
of final disposition
No Property Theory Ecclesiastical (church) theory; body is within exclusive control of the
church; body is property of no individual person
Property Theory dead body viewed as property of surviving family member; no longer an
accepted theory
Quasi-property Theory "property-like"; body's property rights belong to NOK or spouse
and are for purpose(s) of disposition only
*current accepted theory*
