FSE 2080 Funeral Law Midterm Practice Questions and Answers (100% Pass)
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Course
FSE
Institution
FSE
FSE 2080 Funeral Law Midterm Practice
Questions and Answers (100% Pass)
List 3 Federal agencies which have enacted administrative rules and regulations
that pertain to Funeral Services. - Answer️️ --FTC
-OSHA
-EPA
Zoning laws fall under which source of funeral service law? - Answer️️ ...
Define property theory as it relates to dead bodies - Answer✔️✔️-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 - Answer✔️✔️-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 - Answer✔️✔️-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? - Answer✔️✔️-Quasi-property theory
List the 5 modes (methods) of disposition - Answer✔️✔️-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? -
Answer✔️✔️-600 feet
Give an example of an implied oral contract that is binding relative to funeral
services - Answer✔️✔️-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 - Answer✔️✔️-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 - Answer✔️✔️-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? - Answer✔️✔️-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 - Answer✔️✔️-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? - Answer✔️✔️-3 miles
How many bands must be placed on the casket prior to burial at sea? - Answer✔️✔️-
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Order of right to disposition, if only those of consanguinity are considered -
Answer✔️✔️-1. children
2. parents
3. siblings
4. grandchildren
5. grandparents
Actual Custody - Answer✔️✔️-the physical possession of the dead human body or
other property
Constructive Custody - Answer✔️✔️-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? - Answer✔️✔️-
The family and the funeral home
Paramount Right - Answer✔️✔️-The highest right among other lesser rights
With whom does the secondary right of disposition rest? - Answer✔️✔️-with the
state to dispose of dead bodies if there is not family, the state will play for
disposition
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