1 FSE2080 Funeral Law Midterm Review with Complete Solutions Identify three Federal organizations that have established rules and regulations affecting funeral services. ✔✔Occupational Safety and Health Administration (OSHA), Federal Trade Commission (FTC), and Environmental Protection Agency (EPA) Under which category do zoning regulations for funeral services fall? ✔✔State and Local regulations Explain the concept of preemption. ✔✔When conflicts arise between federal and state laws , federal law takes precedence due to its stricter requirements . What does "police powers" refer to in the context of statutory law? ✔✔It grants state legislatures the authority to create laws aimed at safeguarding public welfare, safety, and health. Thes e are known as statutes. Differentiate between an ordinance and a statute. ✔✔An ordinance is a local law addressing issues not covered by federal or state legislation, while a statute is a law enacted by a state legislative body. 2 Describe the property th eory regarding deceased bodies. ✔✔This theory views the dead body as the property of the next of kin, who could theoretically sell the body. However, this perspective has not been upheld in legal practice. What is the non -property theory concerning deceas ed bodies? ✔✔This theory considers the body a matter of spiritual significance, historically allowing the church to claim possession of it. This was a practice in Europe centuries ago. Explain the quasi -property theory in relation to deceased bodies. ✔✔Under this theory, the body is not regarded as personal property. Instead, the next of kin has authority over its final disposition. Which theory (property, non -property, quasi) is currently recognized for the treatment of deceased bodies? ✔✔The Quasi Prope rty theory Enumerate the five methods of disposition. ✔✔Burial, Entombment, Cremation, Burial at Sea, and Anatomical Donation 3 According to the Environmental Protection Agency, what is the required depth of water for sea burial? ✔✔600 feet, though in some regions, the depth requirement is 1800 feet. Provide an example of an implied oral contract related to funeral services that i s legally binding. ✔✔If a family leaves instructions at a nursing home to contact a particular funeral home, this forms a binding implied oral contract. Define consanguinity. ✔✔It refers to blood relations that determine the next of kin. List the order o f priority for individuals who have the right to make disposition decisions, including the rights of spouses, divorced spouses, separated spouses, children, adopted children, stepchildren, siblings, and parents. ✔✔The priority is as follows: Surviving spou se (unless disqualified by a crime related to the death), adult children, parents, adult siblings, adult grandchildren, grandparents, and other relatives . How should disputes over disposition rights be resolved, particularly between individuals within the same level of priority (e.g., siblings) versus those at different levels (e.g., a parent vs. a child)? ✔✔If the dispute involves individuals at the same level, the highest priority individual ’s wishes should be respected. If the dispute involves different levels, the preferences of the person with the highest priority should be followed, or a court order should be sought. 4 What does "stare decisis" mean in legal terms? ✔✔It means that legal decisions made in previous similar cases will guide current cases. According to the EPA, how far must a vessel be from shore to legally conduct a burial at sea? ✔✔3 nautical miles How many bands must be placed on the casket prior to burial at sea? ✔✔6 Be able to know the order of persons who have the right of disposition, as well as the ord er of persons if only those of consanguinity are considered. ✔✔Guardian at the time of death Personal rep of deceased Attorney of deceased Health surrogate Public health officer Medical examiner County commissioner Administrator Nursing Home rep
