FSE 2080 Funeral Law Midterm Exam Questions With 100% Correct Answers
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FSE 2080 Funeral
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FSE 2080 Funeral
FSE 2080 Funeral Law Midterm Exam Questions With 100% Correct Answers
List 3 Federal agencies which have enacted administrative rules and regulations that pertain to Funeral Services. - Answer--FTC
-OSHA
-EPA
/.Zoning laws fall under which source of funeral service law? - Answer-Local Ordin...
FSE 2080 Funeral Law Midterm Exam
Questions With 100% Correct Answers
List 3 Federal agencies which have enacted administrative rules and regulations that
pertain to Funeral Services. - Answer--FTC
-OSHA
-EPA
/.Zoning laws fall under which source of funeral service law? - Answer-Local Ordinances
/.Preemption - Answer-dictates that if a dispute exists between states and federal law,
federal law is enacted
/.Define police powers as it refers to statutory law. - Answer-licensure, health standards,
and business operations
/.Ordinance - Answer-includes zoning laws, building codes, and any laws enacted by
local government
/.Statutory Law - Answer-laws created as statutes (local and state) that are enacted by
legislative bodies
/.Define property theory as it relates to dead bodies - Answer-the dead body is the
personal property of the NOK and therefore, the NOK could sell the body if desired. This
has never been held as a valid property law
/.Define the non-property theory as it relates to dead bodies - Answer-death was a
spiritual matter, the church took possession of a dead body and directed the disposition
/.Define the Quasi-property theory as it relates to dead bodies - Answer-states that
though there is no personal property in the body, there are certain rights that a NOK or
POA has the right to direct the disposition, but may not sell the boy for profit
/.What property theory is currently the only accepted theory relative to the treatment of
dead bodies? - Answer-Quasi-property theory
/.List the 5 modes (methods) of disposition - Answer-1. Earth burial
2. Entombment
3. Cremation
4. Burial at Sea
5. Donation of body to medical science
/.According to EPA, what is the required water depth to bury a body at sea? - Answer-
600 feet
,/.Give an example of an implied oral contract that is binding relative to funeral services -
Answer-the person with the paramount right giving the funeral home permission to
remove their loved one from the hospital or place of death back to the funeral home.
The implied oral contract would be that the family would assume the funeral home will
take proper care and necessary steps in taking care of their loved ones to the best of
their abilities
/.Consanguinity - Answer-Blood relatives or persons for our purposes, the term that
determines who is the closest NOK to a deceased person
/.Order of persons who have the right of disposition - Answer-1. Surviving Spouse
2. Adult Children
3.Parents
4. Adult Siblings
5. Adult Grandchildren
6. Grandparents
7. Other relatives
/.Who has the right of disposition if a dispute arises? - Answer-If not within the same
right, the wishes of the higher right will be followed. If in the same right, wait until an
agreement as been made or a court order
/.Stare Decisis - Answer-Once a particular issue is resolved by a court, a precedent of
principle is established which will control future decisions by court
/.According to the EPA, how many nautical miles offshore, must a ship be in order to
bury a body at sea? - Answer-3 miles
/.How many bands must be placed on the casket prior to burial at sea? - Answer-6
/.Order of right to disposition, if only those of consanguinity are considered - Answer-1.
children
2. parents
3. siblings
4. grandchildren
5. grandparents
/.Actual Custody - Answer-the physical possession of the dead human body or other
property
/.Constructive Custody - Answer-having the authority to control disposition although
another party has physical possession
/.. Mr. Smith dies in Pleasant Pastures 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 remains, who has actual and constructive custody? - Answer-The family and
the funeral home
/.Paramount Right - Answer-The highest right among other lesser rights
/.With whom does the secondary right of disposition rest? - Answer-with the state to
dispose of dead bodies if there is not family, the state will play for disposition
/.List the formalities required in the Uniform Anatomical Gift Act - Answer--decedent
must be sounds of mind
-over the age of 18
-2 witnesses 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? - Answer-no one can
/.What source of law is based upon what is the right thing to do? - Answer-common law
/.The legal term for a dead body - Answer-corpse
/.The medical term for a dead body - Answer-cadaver
/.List the 3 criteria of the Uniform Determination of Death Act, which is the basis for
most state definitions of death. - Answer--human
-deprived of life
-not entirely disintegrated
/.In the Uniform Determination of Death Act, does skeletal remains constitute as a
corpse? - Answer-not if entirely disintegrated
-typically dust of a decomposed body and the bones of a skeleton are not considered as
a body
/.What right does an adopted child have with regard to the disposition of a parent? -
Answer-same right as biological children
/.List the order in which the duty to dispose of a dead body is required if no one else
steps forward - Answer-1. householder must complete disposition if no one else will
2. surviving spouse
3. NOK
4. Public authorities
/.Give an example of how indemnification clause is used in funeral profession - Answer-
if post office loses cremated remains, its USPS fault, not the funeral homes
/.List the 3 duties of a funeral director - Answer--statutory duties
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