Funeral Law and Ethics Final Review Questions And All Correct Answers.
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Module
NC Funeral Law
Institution
NC Funeral Law
To be considered a "dead body", three conditions must be met. What are they? - Answer THE BODY OF A DEAD HUMAN BODY, WITHOUT LIFE, AND NOT YET ENTIRELY DISINTEGRATED.
. What crucial part of the human body is relied upon to determine modern day death? - Answer the brain
Is a skeleton or ...
Funeral Law and Ethics Final Review
Questions And All Correct Answers.
To be considered a "dead body", three conditions must be met. What are they? - Answer THE BODY OF
A DEAD HUMAN BODY, WITHOUT LIFE, AND NOT YET ENTIRELY DISINTEGRATED.
. What crucial part of the human body is relied upon to determine modern day death? - Answer the
brain
Is a skeleton or a decomposing body considered to be a dead body? - Answer no
In early English law, who had control of the dead? - Answer THE CHURCH. (CATHOLIC CHURCH IS SOME
AREAS, THE CHURCH OF ENGLAND IN OTHER AREAS)
. In speaking of the legal status of the dead human body, what theory do we practice or recognize today?
- Answer Quasi-property theory
What is "property" as defined by your text? - Answer CUSTOMARILY RECOGNIZED AS THE 'BUNDLE OF
RIGHTS' IN AN OBJECT. OFTEN ASSOCIATED WITH PROPERTY INCLUDES THE RIGHT TO POSSESS, TO USE,
TO EXCLUDE, TO PROFIT, AND TO DISPOSE.
What are the various modes of disposition of a dead human body? - Answer EARTH
BURIAL.CREMATION.SEA BURIAL.ENTOMBMENT.ANATOMICAL DONATION.
What is the most common method (currently) for the disposition of a dead human body in the United
States? - Answer earth burial
What governmental agency is supposed to receive reports of sea-scatterings of cremated remains? -
Answer environmental protection agency
What should ocean-going ship passengers fully understand before boarding the vessel? - Answer
PASSENGERS ARE BOUND BY THE CUSTOM OF THE SEA AND THEY CONSENT TO BURIAL THERIN IN THE
,EVENT OF DEATH DURING THE VOYAGE. ALSO THE CAPTAIN OF THE VESSEL IS THE 'LAWGIVER' WHEN AT
SEA.
Does anyone "own" a dead human body? - Answer no
Can a dead body be legally bought, sold, or traded? - Answer no
Why should mortuary or funeral students be familiar with mortuary law? - Answer TO 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.
Define 'mortuary law' - Answer THE RULES AND PRINCIPLES THAT SOCIETY HAS ESTABLISHED FOR THE
HANDLING AND DISPOSITION OF THE DEAD
What is the source of 'mortuary law'? - Answer STATE LAWS AND REGULATIONS
CASE LAW
COMMON LAW
FEDERAL LAW
Explain the nature of 'police power'? - Answer POLICE POWER IS DESIGNED TO PROTECT THE GENERAL
WELFARE, HEALTH, AND SAFETY OF AN AREA'S CITIZENS
How does 'police power' relate to funeral service and funeral law? - Answer 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.
What is the function of a 'court of equity'? - Answer A COURT OF EQUITY HAS THE AUTHORITY TO
SETTLE CONTROVERSIES CONCERNING DEAD BODIES. IT ALSO HAS THE AUTHORITY TO ISSUE
INJUNCTIONS AND OTHER MANDATORY DIRECTIONS WHICH PARTIES MUST FOLLOW. IF SURVIVORS HAD
, A DISPUTE REGARDING A DECEDENT'S FINAL DISPOSITION, THEY WOULD APPLY TO A COURT OF EQUITY
TO ADJUDICATE THE DISPUTE AND ORDER THE PROPER RESOLUTION.
What is the doctrine of 'stare decisis'? - Answer ONCE A PARTICULAR ISSUE IS RESOLVED BY A COURT, A
PRINCIPLE IS ESTABLISHED WHICH WILL CONTROL FUTURE DECISIONS BY THAT COURT OR LOWER
COURTS. IT MEANS "LET THE PAST DECISION STAND".
What is meant by the expression 'common law'? - Answer IT IS A GREAT BODY OF LAW ERRONEOUSLY
CALLED "UNWRITTEN LAW". (PROBABLY HAS MORE IN WRITING ABOUT IT THAN ANY OTHER LAW
TYPE...)COMMON LAW CONSISTS OF MAXIMS, PRINCPLES, AND JUDICIAL DECISIONS THAT HAVE BEEN
PASSED DOWN FROM HUNDREDS OF YEARS OF JURISPRUDENCE. IT 'FILLS IN THE GAPS' OF OUR LEGAL
SYSTEM
What are the various historical branches of law that have contributed to modern-day funeral law? -
Answer JEWISH LAW, TALMUDIC LAW, LAWS OF THE TALMUD.
ADMIRALTY, OR LAWS OF THE SEA, OR MARITIME LAW.
ROMAN LAW.
CODE NAPOLEON, OR NAPOLEONIC CODE.
CHURCH LAW, OR CANON LAW.
ANGLO-AMERICAN COMMON LAW.
Who was the ruler of Mesopotamia that is credited with being one of the earliest law givers? - Answer
ur-nammu
The Laws of the Talmud refers to this type of law: - Answer JEWISH LAW OR TALMUDIC LAW
What historical laws are still considered to be some of the most clear and efficient laws known in
history? - Answer CODE NAPOLEON OR NAPOLEONIC CODE
Why should a funeral director firmly understand who has the paramount right and duty of disposal? -
Answer IN ORDER TO AVOID POSSIBLE LEGAL LIABILITY FOR IMPROPERLY COMPLYING WITH THE
INSTRUCTIONS OF ONE WHO DID NOT HAVE THE PARAMOUNT RIGHT OF DISPOSITION.
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