FSE 2080 Funeral Law Midterm Exam Questions and Complete Solutions
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Course
FSE 2080
Institution
FSE 2080
List 3 Federal agencies which have enacted administrative rules and regulations that pertain to Funeral Services. -FTC -OSHA -EPA
Zoning laws fall under which source of funeral service law? Local Ordinances
Preemption dictates that if a dispute exists between states and federal law, federal law i...
FSE 2080 Funeral Law Midterm Exam
Questions and Complete Solutions
List 3 Federal agencies which have enacted administrative rules and regulations that
pertain to Funeral Services. ✅-FTC
-OSHA
-EPA
Zoning laws fall under which source of funeral service law? ✅Local Ordinances
Preemption ✅dictates that if a dispute exists between states and federal law, federal
law is enacted
Define police powers as it refers to statutory law. ✅licensure, health standards, and
business operations
Ordinance ✅includes zoning laws, building codes, and any laws enacted by local
government
Statutory Law ✅laws created as statutes (local and state) that are enacted by
legislative bodies
Define property theory as it relates to dead bodies ✅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 ✅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 ✅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? ✅Quasi-property theory
List the 5 modes (methods) of disposition ✅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? ✅600 feet
Give an example of an implied oral contract that is binding relative to funeral services
✅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 ✅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 ✅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? ✅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 ✅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? ✅3 miles
How many bands must be placed on the casket prior to burial at sea? ✅6
Order of right to disposition, if only those of consanguinity are considered ✅1. children
2. parents
3. siblings
4. grandchildren
5. grandparents
Actual Custody ✅the physical possession of the dead human body or other property
Constructive Custody ✅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? ✅The family and the
funeral home
Paramount Right ✅The highest right among other lesser rights
With whom does the secondary right of disposition rest? ✅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 ✅-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? ✅no one can
What source of law is based upon what is the right thing to do? ✅common law
The legal term for a dead body ✅corpse
The medical term for a dead body ✅cadaver
List the 3 criteria of the Uniform Determination of Death Act, which is the basis for most
state definitions of death. ✅-human
-deprived of life
-not entirely disintegrated
In the Uniform Determination of Death Act, does skeletal remains constitute as a
corpse? ✅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?
✅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 ✅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 ✅if post
office loses cremated remains, its USPS fault, not the funeral homes
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