FSE 2080 Mortuary Law Exam 1 Questions and Solutions
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Course
FSE 2080
Institution
FSE 2080
Funeral law the rules/principles society has established for the handling/disposition of the dead
Funeral law provides the survivors ____________ so the dead can be memorialized without jeopardizing the health/safety of the community. rights/duties
To whom does the funeral director have duties/ob...
FSE 2080 Mortuary Law Exam 1
Questions and Solutions
Funeral law ✅the rules/principles society has established for the handling/disposition
of the dead
Funeral law provides the survivors ____________ so the dead can be memorialized
without jeopardizing the health/safety of the community. ✅rights/duties
To whom does the funeral director have duties/obligations? ✅1. Survivors of the
decedent
2. Clients they contract with
3. Employees
4. Community where funeral home is located
The principal power of the funeral profession ✅the state
Sets the standards for the funeral profession ✅the state legislature
Funeral service licensing requirements ✅1.) A certain level of education
2.) Specialized training
3.) Obtain licenses from the state
4.) Ethically perform duties to maintain license
State funeral service board ✅administrative agency to oversee day-to-day regulation,
consisting of other funeral directors/embalmers, plus members of the public to represent
consumer inerests
Tasks of the funeral service board ✅1. Oversee licensing statutes
2. Investigate/inspect funeral homes
3. Conduct enforcement actions for non-compliance
If a regulation created by the board is within its delegation of power, the administrative
regulation will generally by ______________________. ✅upheld by the court
What serves as the litmus test for an administrative regulation? ✅the state constitution
Doctrine of stare decisis ✅a court deciding a point of law establishes a precedent and
will control the ruling in a new case
Courts of equity ✅have the authority to settle controversies concerning dead bodies
, Common law ✅a great body of unwritten law that has been passed down from
hundreds of years of jurisprudence (i.e., the science or philosophy of law); includes:
maxims, principles/judicial decisions; has its roots in English/colonial law*
Provides most of the principles that govern our basic rights as members of society*
✅*common law
Three best examples of major federal government regulation in the past 20 years ✅1.
Federal Trade Commission's Funeral Rite
2. Safety requirements of OSHA
3. Business facilities improvements addressed in Americans with Disabilities Act
Dead corpse ✅the body of a human being deprived of life but not yet entirely
disintegrated
Three conditions constituting a legally dead body ✅1. The body of a human being
2. Without life
3. Not entirely disintegrated
Do the following constitute a dead body?
1.) A cadaver
2.) The remains of a cremated body
3.) A disintegrated corpse
4.) The bones of a skeleton ✅No
A dead body is __________ of the surviving family member.* ✅quasi-property
As quasi-property the survivor is given these rights in regard to the dead body ✅1.
Take the body for the purpose of disposition
2. Allow body parts to be used within the confines of the law
3. Exclude others from possession of the body
4. To dispose of the body
In what case did the survivor's bundle of rights -- "to possess," "to use," "to profit," and
"to dispose" -- come into question -- specifically in regard to abstaining from providing
the anatomical gift of her husband's corneas?* ✅Brotherton v. Cleveland (1991, in
Ohio)
Who ultimately decided the case of Brotherton v. Cleveland?* ✅the Sixth Circuit Court
of Appeals in Ohio
Police powers of government require orderly disposition of the dead to promote public
health. In what case did a crematory operator discard 300+ bodies rather than
cremating them, as his services were retained to do? The outcome of this case resulted
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