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FSE 2080- FUNERAL LAW
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MIDTERM REVIEW EXAM
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STUDY GUIDE QUESTIONS
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DETAILED VERIFIED
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ANSWERS 100% CORRECT
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,Who may witness a will?
in FL, anyone who is competent to act as a witness - ANS in FL, anyone who is competent to
act as a witness
List 3 sources of duties of a funeral director - ANS Statutory duties / contractual / common law
Explain what is meant by fitness for a particular purpose warranty and give example - ANS
The expectation that merchandise which is purchased will function in the specs way for which it
was purchased. EXAMPLE - family purchased cardboard casket for a person that weighs 500
pounds the funeral director has the responsibility to say it might not work for the specific needs.
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Explain merchant ability warranty and give example - ANS Expectation that merchandise will
function in the way an average customer expects it to function EXAMPLE- that the casket cap
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will close properly
Explain the funeral directors liability for the cars in the procession including the funeral coach
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and a pallbearer car driven by non-funeral home employee - ANS To be liable / have to show
negligent driver was an agent of funeral home
Define tort - ANS A wrongful act or an infringement of a right (other than under contract)
leading to civil legal liability
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Explain whether you can refuse to release a body to a family if they owe you a balance on a
precious funeral bill. - ANS Actionable violation of the families right to burial without
interference
Explain what options you have for providing or not providing service to a family who owes you a
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balance on a previous funeral bill - ANS You do not have to serve the family
Distinguish between a common and private carrier - ANS Common carrier- any carrier
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required by law to convey passengers without refusal if they approved fare is paid(airline,train,
etc)
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Private carrier- those who transport only in particular instances and only for those they choose
to contact with (funeral home,vehicles and livery )
Define COMPENSATORY DAMAGES - ANS Designed to compensate for the actual property
damage, harm, or injury the plaintiff suffers
Define punitive damages and tell when they may be awarded - ANS Payment imposed by a
court upon an individual or entity to punish the individual (entity) for wrongdoing or gross
negligence only when conduct has been so outrageous as to justify punishment
, Define NOMINAL DAMAGES - ANS A small amount of money awarded to a plaintiff in a
lawsuit to show he or she was right but suffered no substantial harm
By the Americans with Disabilities Act, must all existing barriers be removed? If not, which
barriers need not be removed? - ANS Only readily achievable barriers need be removed.
Removal can be accomplished without much difficulty or expense given cost as well as size and
financial resources of business.
Can a funeral home charge a fee for embalming a body with a contagious disease, such as a
person dying with HIV / AIDS? - ANS Prohibited by ADA
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Give another name for disinterment - ANS exhumation
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Define disinterment - ANS Removal of dead body or remains from its place of repose after
disposition has been completed
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Define eminent domain and how this would apply to disinterment - ANS The inherent power
of a government to take a private property for public use. In the U.S. just compensation to the
property owners is required. Could be used to justify disinterment of a body
List and describe 3 types of cemeteries - ANS Public- may be for profit of municipal
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Private- this may be a religious or family cemetery
National- operates by the federal government this cemetery is usually reserved for members or
retired members or the armed forces
Explain what meant by public - ANS
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If the funeral director states that she will provide the limou- sine for the funeral procession and
then hires a livery service to provide driver, is the funeral director liable if the limousine is
involved in a wreck and passengers in the car are injured? - ANS Yes
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only readily achievable barriers need be removed. removal can be accomplished without much
difficulty or expense given cost as well as size and financial resources of business. - ANS By
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the Americans with Disabilities Act, must all existing barriers be removed? If not, which barriers
need not be removed?
If a funeral procession lead car lawfully enters an intersec- tion, and the stoplight then turns red,
who has the right of way at the intersection the remaining cars in procession or other cars at the
intersection who have a green light? - ANS Remaining cars
Explain what is meant by disinterment for public purposes. - ANS normally made for
evidentiary purposes, criminal or civil casesprovide access for public streetsthreat to public
health, e.g. contaminating well water
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