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NC Funeral Law Midterm Exam – Questions & Solutions
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NC Funeral Law Midterm Exam – Questions & Solutions
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NC Funeral Law Midterm Exam – Questions & SolutionsDefine Mortuary law Right Ans - Law regarding the disposal of human
remains.
Define Case law Right Ans - Primarily the decisions of state and local
courts. Courts of equity have the ultimate right to decide cases that concern
dead bodies. Stare decisis.
Define Common law Right Ans - Consists of principles, maxms, and
decisions that have been passed down for hundreds of years. Incorrectly
called ''unwritten laws''. Fills in the gaps of our legal system.
Define the term dead body Right Ans - Must be human. Must be without
life. Must not be entirely disintegrated.
What is quasi-property? Right Ans - Almost property. Rights to possess,
use, exclude, profit, and dispose.
What are the five forms of accepted methods of disposition? Right Ans -
Earth burial, Cremation, Entombment, Burial at sea, Anatomical Donation.
Who has the primary right to control the funeral? Right Ans - The wishes of
the deceased
The lawful rights of the funeral director undertaking a funeral are primarily
derived from two sources, what are they? Right Ans - Statues, Contracts.
Define actual possession. Right Ans - When the body is physically within
one's possession.
Define constructive possession. Right Ans - When one does not have the
body within physical possession- but can take physical custody (actual
custody) at will.
What is another term for mortuary law? Right Ans - Funeral Law
In regards to the maritime laws, who has the ultimate say in handing down
the law? Right Ans - Captain.
, What are the three countries that utilize the code of napoleon? Right Ans -
Italy, Japan, Egypt, and Louisiana
Who felt that the legal system should be more fair to the upper class citizens?
Right Ans - Hammurabi
What is another name for the laws of the church? Right Ans - Cannon
What is responsible for dictating the practices of the Hebrew faith? Right
Ans - The Torah
What is the duty of the funeral director, should any questions arise in regards
to the disposition of the body? Right Ans - Hold the body.
What are the fees that may be obtained from a funeral home, should the
person making the funeral arrangements default on payment? Right Ans -
Late fees, collection fees.
What type of charge can be imposed on a funeral contract, should the
consumer not make sufficient payment by the due date? Right Ans - Late
fee
Can a funeral director offer a discount on the funeral contract, if the bill is pain
in full by a certain due date? Right Ans - Yes
Which is paramount in determining the right of disposition in the state of NC-
the wishes of the decedent (in the form of a will), or the surviving spouse?
Right Ans - The wishes of the decedent.
In regards to the general rule of priority, as it relates to the right of
disposition, beginning with the surviving spouse, list the next of kin in order
of their relation to the decedent. Right Ans - Adult children, Parent,
Siblings, Distant kin.
What is the primary liability for payment of a funeral bill? Right Ans -
Estate.
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