Mortuary Law EXAMS Questions and
Correct Answers
Rights of the party having priority for disposition of the body
include all of the following EXCEPT
Select one:
A. No control over who may or may not attend the funeral.
B. Effect final disposition.
C. Elect not to notify other family of death.
D. Convey custody of the body to the funeral director Ans: — No
control over who may or may not attend the funeral
Of the following, the paramount right of final disposition lies with
the
Select one:
A. funeral director
B. eldest child
C. administrator of the estate
D. surviving spouse Ans: — surviving spouse
Which of the following factors WILL be considered and weighed to
determine how to dispose of a dead human body? I. wishes of the
decedent, II. desires of the surviving spouse or next-of-kin, III.
public interests, and/or IV. laws regulating the disposition of
human remains. Ans: — I., II., III., and IV
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When a person DOES NOT have physical possession of a dead
human body, but this person has the right to demand the return of
the body from another party who has physical possession of the
dead body, this person is said to have __________ custody. Ans: —
constructive
A spouse will legally lose the right to control final disposition of
one's husband or wife when the spouses are legally divorced. True
or False? Ans: — True
According to mortuary law, which of the following WOULD NOT be
considered a next-of-kin?
Select one:
A. daughter
B. brother
C. mother
D. spouse Ans: — spouse
In order from bottom to top, which of the following is the
CORRECT description of the "Pyramid of Law"? Ans: — common
law, constitutional law, statutory law, police power, administrative
law, ordinance, case law, stare decisis
The requirement by certain states that funeral directors and
embalmers be licensed by a state licensing authority is an example
of the police power of that state. True or False? Ans: — True
In a situation where the only next of kin of a decedent are his
father and a brother, and assuming both parties are legally
competent, the father would normally have more right to control
the funeral arrangements than would the deceased's brother. True
or False? Ans: — True
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Mr. Washington died in the emergency room with no family
member present. He died leaving a will with his accountant to
transact the will. Also, in the will Mr. Washington indicated he
wanted to be cremated with a memorial service and during the
arrangement conference his second wife expressed she wanted a
traditional funeral service with ground burial. The children from
the first marriage objected and wanted to honor the father's
wishes for cremation. In this situation, who was responsible for
notifying the proper authorities? Ans: — administrator of the
hospital
A person in charge of the final disposition of a dead human body
is under a legal obligation to notify immediate family members
and friends that that person had died and to disclose all funeral
arrangements. True or False? Ans: — False
That distinct branch of law which is related to matters growing out
of and concerned with the disposal of the dead is the definition of
Ans: — mortuary law
The currently accepted theory in the U.S. legal system in regards to
the status of a dead human body as property is the Ans: — quasi-
property theory
Rules and regulations written by the Federal Trade Commission
which have the effect of law are called ____________ laws. Ans: —
administrative
Mr. Jones died in the emergency room with no family member
present. He died leaving a will with his accountant to transact the
will. Also, in the will Mr. Jones indicated he wanted to be cremated
with a memorial service and during the arrangement conference
his second wife expressed she wanted a traditional funeral service
with ground burial. The children from the first marriage objected
and wanted to honor the father's wishes for cremation. In the will
the accountant would be legally defined as the _____ of the will.
Ans: — executor
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