Exam (elaborations)
FSE 116 LAW Study Guide (1).
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- NBE SCIENCE
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- NBE SCIENCE
FSE 116 LAW Study Guide (1).
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FSE 116 LAW Study GuideTo provide sufficient knowledge of the substance and operation of funeral law so that they can
fulfill their duties and obligations in a professional and ethical manner. identify legal
relationships, rights and duties and liabilities between the funeral director, dead body, and the
consumer.to recognize and understand legal issues inorder to avoid unneccesary liability, and to
satisfy the academic requirements for licensure. - ANS-Why should mortuary or funeral students
be familiar with mortuary law?
The rules and principles that society has established for the handling and disposition of the
dead. - ANS-Define 'mortuary law':
1. state laws and regulations
2. case law
3. common law
4. federal law - ANS-What is the source of 'mortuary law'?
Police power is designed to protect the general welfare, health, and safety of an area's citizens.
- ANS-Explain the nature of 'police power'?
The police power of any state or municipality allows it to set standards and requires licenses of
individuals that wish to practice a certain profession or trade. it allows legislation to restrict
individuals in the exercise of certain activities so as to promote the common good. - ANS-How
does 'police power' relate to funeral service and funeral law?
A court of equity has the auythority to settle controversies concerning dead bodies. It also has
the authority to issue injunctions and other mandatory riections which parties must follow if
survivors had a dispute reguardinga decedent's final disposition, they would apply to acourt of
equity to adjudicate the dispute and order the proper resoltuion. - ANS-What is the function of a
"court of equity"?
Once a particular issue is revolved by a court, a principke is established which will control future
decisions by that court or lower courts. It means "let the past decision stand" - ANS-What is the
doctrine of "stare decisis"?
It is the a great body of law erreneously called "unwritten law" (probably has more in writing
about it than any other law type) common law consists of maxims, principles and judicial
decesions that have been passed dwon from hundreds of years of jurisprudence. It's fill in the
gaps' of oru legal system. - ANS-What is meant by the expression "common law"
1. Jewish Law: Talmudic Law, Laws of the Talmud.
2. Admiralty or Laws of the Sea, or Maritime Law
, 3. Code Napoleon or Napoleonic Code
4. Church Law or Canon Law
5. Anglo - American common Law - ANS-What iare the various hisotical branches of law that
have contribured to modern day funeral law?
Ur-Nammu - ANS-Who has the rules of Mesopotamia that is credited with being one of the
earliest law givers?
Jewish Law of Talmudic Law - ANS-The Law of the Talmud refers to this type of law
Code Napoleon or Napoleonic Code - ANS-What historial laws are atill considered to be some
of the most clear and efficient law hown in history?
The boyd of a dead human body, without life, and not yet entirely disintegrated - ANS-To be
considered a "dead body", three conditions must be met, What are thye?
The brain! - ANS-What crucial part of the human body is relief upon to determine modern day
death?
NO - ANS-Is a skeleton or a decomposition body considered to be dead body?
The church (catholic church is some areas, the church of England in other ares) - ANS-In early
English Law, how has control of the dead?
Quasi-Property Theory - ANS-In speaking of the legal statues of the dead human body, What
theory do we practice or recognize today?
Customarily recognized as the "bundle or rights in an object, often associated with property
includes the right to possess, to use, to exclude, to profit and to dispose. - ANS-What is
"property" as defined by your text?
1. Earth Burial
2. Cremation
3. Sea Burial
4. Entombment
5. Anatomical Donation - ANS-What are the various modes of disposition of a dead human
body?
Earth burial - ANS-What is the most common methos (currently) for the disposition of a dead
human body in the USA?
The EPA, Environmnetal Protection Angecy - ANS-The governmental agency is supposed to
receive reports of sea scattering of cremated remains?
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