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